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Questions Answered by Brad Denton
1 Answer | Asked in Employment Law for Arizona on
Q: I signed a non-compete with my employer but then he sold his company to a large corporation. Is the non-compete valid?

My old company was a small medical business and the non-compete was signed with that company. After the purchase of the old company I did not sign any further agreements.

Brad Denton
Brad Denton answered on Jun 16, 2018

The answer, unfortunately, is that it depends. The language that is in your contract is likely controlling. If it expressly states that it is transferable then it probably is. If it does not address it, then there is an ambiguity in the contract and the water gets a bit murkier. Recent case law... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: Are home inspections required in Arizona? If so , is my realtor required to send an origin the inspection to the owners?
Brad Denton
Brad Denton answered on Jun 16, 2018

There is no formal requirement under Arizona Law that a home inspection occurs. However, unless this is a cash transaction any bank is going to require one. Whether or not there has been a home inspection or not, you will be required to disclose any defects that you know about the property to the... Read more »

2 Answers | Asked in Real Estate Law for Arizona on
Q: How do I go about selling a piece of property with a life estate attached to it?

I have a buyer who is willing to accept the life estate that the 86 year old woman who lives there has.

Brad Denton
Brad Denton answered on Jun 16, 2018

To answer your question, I would need to know exactly what you are trying to sell and where it is located.

If you hold the life estate either for the life of the 85 year old or are selling the life estate of the 85 year old it is the same as any real estate transaction. Just make sure you...
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2 Answers | Asked in Copyright and Business Formation for Arizona on
Q: Can I use use the brand name "The Vape Collection" if it's taken for a completely different field or industry?
Brad Denton
Brad Denton answered on Jun 14, 2018

In theory yes, in application I would advise against it. Business names, brand names, copyright, and trademarks are typically evaluated in the same way.

Courts will typically evaluate: (1) Whether the other business is in the same industry; (2) Whether the other business is in the same...
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