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Arizona Contracts Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: Can the HOA force me to change the color of my garage door after 14 yrs, said was painted wrong when built?

Bought home 5 years ago, HOA inspection report made no mention of any violation or out of compliance issues regarding house color. CCR say I only need approval to change house color, yet they want me to change the garage door color. I say after 14 years, the current color I have is what I'm... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 12, 2019

You are going to lose this fight.

1 Answer | Asked in Business Law and Contracts for Arizona on
Q: Is a non-compete agreement transferable when a company changes its name and principles are different
Peter H. Westby
Peter H. Westby
answered on Aug 26, 2019

A non-compete agreement can be transferable. The agreement should be reviewed by an attorney to see if it is made specifically transferable to a successor entity by its terms. I recommend having your agreement reviewed by an attorney. It would also be helpful to your attorney to know more about... View More

2 Answers | Asked in Contracts, Banking, Collections and Lemon Law for Arizona on
Q: What makes a contract void or voidable in AZ
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 26, 2019

Void and voidable are not the same thing. Please explain what you want.

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1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: Can I the seller cancel my listing agreement with the real estate agent on my home if I decide I no longer want to sell

Are there any costs that I would be liable for the property has a sign on it and has been listed on the MLS

Peter H. Westby
Peter H. Westby
answered on Jul 22, 2019

A listing agreement can be cancelled in most cases, but there can be costs and penalties associated with cancellation. For example, you may be asked to reimburse your agent for his marketing costs. Or, if you decide to sell at a later date, it is possible that your agent may make a claim against... View More

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Arizona on
Q: Can an arizona landlord terminate a lease for renovation purposes?
Peter H. Westby
Peter H. Westby
answered on Jul 11, 2019

This is possible. It depends upon the terms of the lease as well as other pertinent facts. I recommend that you review this with a real estate attorney. Once your attorney reviews your lease and knows the facts, he or she will be able to let you know your legal rights and best options.

1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: I have a 5 Day Eviction Notice fee of $100. Do I have to pay the fee if I just pay the required amount for the lease?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 8, 2019

If your landlord has filed an action to evict you, you will be evicted unless you do something to defend yourself in the court that has jurisdiction; and to do so you may have to pay the amount of rent due into the registry of the court--which usually charges some fee for doing so. If you owe the... View More

1 Answer | Asked in Banking, Contracts, Family Law and Probate for Arizona on
Q: I was told by bank on phone inquiry I made about a checking account balance then they tell me I had a savings also mine.

I didn't have time for asking for the finding out more about some sort of account that I was beneficiary or some kind of account from a will. I didn't get the information about account number or any info about this account, just told on phone call to the banks 1800number, then I went to... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 17, 2019

The bizarre story has all the markings of a scam in the making. Why? Because reputable banks do not just call people on the phone to discuss their bank accounts--especially if the person called has no idea they had the "accounts."

1 Answer | Asked in Consumer Law, Contracts and Car Accidents for Arizona on
Q: Who should pay, me or the mechanic?

I have a car that overheated and went to a mechanic to fix it. He told me that I have to replace the fan with a new one so I was ok with it. He ordered an aftermarket fan and replaced it. After 3 months the car overheated. I called him and said the car overheated and he said to bring it back to the... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 16, 2019

Your mechanic who fixed the car agreed to fix it again; find a way to take it back to him. No excuses.

1 Answer | Asked in Contracts for Arizona on
Q: What paperwork do I need to fill out to remove my children's names from an Arizona timeshare
Michael Hales
Michael Hales
answered on Jun 4, 2019

Assuming that the timeshare is paid in full, the resort will allow you to remove the names of other co-signers. Contact the owner services (or similar) department to get the process started. You may want to contact an attorney with experience in timeshares if you have additional questions or want a... View More

1 Answer | Asked in Contracts, Animal / Dog Law and Landlord - Tenant for Arizona on
Q: 6. No resident may pet sit for another’s pet. 7. No visiting/temporary pets are permitted How do I fight this?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 3, 2019

Unless there is some controlling Arizona law overriding this landlord policy you are wasting your time trying to "fight this."

2 Answers | Asked in Contracts, Family Law, Arbitration / Mediation Law and Small Claims for Arizona on
Q: Is it against the law to keep a work of Art & not pay for it? If so, what court would it be if it's within the family?

What statute would it fall under?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 24, 2019

Yes, obtaining "a work of art" and intentionally not paying for it is a crime--called "stealing."

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1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Probate for Arizona on
Q: can the sole heir and named trustee of a trust still claim his inheritance years after the death of the grantor?

in az, two cousins each inherited from their parents seperate trusts for half interest in a family owned apartment building, owned free and clear, and fully occupied at all times. One was the manager and lived in the house of the other, adjacent, built by his parents, but not included with the... View More

Peter H. Westby
Peter H. Westby
answered on Apr 22, 2019

This is theoretically possible but the matter would need to be carefully researched. Much can happen in 15 years and you need to know as much as possible about this trust, its assets and their administration. I recommend hiring a probate attorney to assist you in determining the facts and to... View More

1 Answer | Asked in Contracts for Arizona on
Q: House painting contract

I signed a contract to have my house painted. It has not been painted yet and I want to switch contractors. They have changed an item of the contract that I signed via email which I initially agreed to in an email. What can they do to me if i cancel my house painting with them and get another... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 15, 2019

Unless the painting contractor has already started work, or has already incurred some expenses--like pulling the permit and purchasing the materials--there is very little the first contractor can do; except sue you of course.

1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: Are there exceptions to renegotiating an executed purchase contract with the seller?

I would like to ask the Seller to pay a portion of my closing costs and possibly reduce the purchase price a thousand dollars. The Seller accepted an offer for full asking price, plus I opted to pay my own closing costs, without any negotiating. Closing is estimated to be $4700. The lender has... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 15, 2019

As your mother or grandmother probably told you when you were a child, "You cannot have your cake and eat it too."

Under the facts you stated, unless the written buy/sale contract says otherwise, IMPO you have sufficient grounds to cancel the contract based upon the material...
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3 Answers | Asked in Contracts and Estate Planning for Arizona on
Q: When does a POA expire? At death?
Ryan K Hodges
Ryan K Hodges
answered on Apr 10, 2019

A POA can have a specified time to expire. If it does not have a stated expiration date, then it ends at death.

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1 Answer | Asked in Business Law and Contracts for Arizona on
Q: What To Do When Client Stops Paying Monthly Contract?

A client signed a six month contract for let's say $18,000, and pay $3,000 per month. No work is completed before payment.

They paid the first month but not the second or any subsequent months.

I live in New York and the client lives in Pennsylvania.

What can I... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 10, 2019

Since you live in New York and the potential defendant lives in Pennsylvania, it makes very little sense to sue for one month's worth of the contract because it will cost you at least that amount to do so. As to whether you should sue for the remainder of whatever it is you wanted to purchase,... View More

1 Answer | Asked in Contracts for Arizona on
Q: I co-own a medical supply company me and my associate. We both contributed the same amount to start up the business.

Well the company ran on hard times. My associate took out a loan to pay some debt. However our company paid the loan back in full not him. No money left his account. So now he wants to switch owner ship from 50 and 50 percent. To him 90 percent and me 10 percent ownership. Just for the risk of... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 27, 2019

This does not sound like a very good deal for either of you. If he borrowed the money to bail out the company that you jointly own, and if the company repaid his loan out of company earnings, then he "paid" at least 50% of the payments because he owns 50% of the company. And you also... View More

1 Answer | Asked in Contracts and Business Law for Arizona on
Q: My subcontractor says that they have proprietary info they need my client to sign nda's, How do i protect myself?

I'm subcontracting a company to do security testing on a client. The subcontractor says that they have a master agreement and propriatary information that they need signed by the client. How would I go about doing that so that I'm protecting myself from them dealing directly with the... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 12, 2019

That may be tricky.

You should have your own NDAs covering all yours and your subcontractors' bases as well as covering non-compete areas.

You should have your customers sign them, as well as your subs.

Hopefully the sub will be satisfied with that

Most NDAs...
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1 Answer | Asked in Civil Litigation, Contracts and Estate Planning for Arizona on
Q: Is there a specific format that an amendment to a Revocable Living Trust in Arizona must be in to be considered legal?

Can an amendment to a living trust be challenged in court and overturned by an interested party in the trust based on incorrect format of the amendment, which was drafted by a legal document preparer and not a lawyer, and if so what would be the process or specific form to complete for an... View More

Ryan K Hodges
Ryan K Hodges
answered on Mar 11, 2019

An amendment can be challenged if it does not comply with the form of an amendment provided for in the trust or if it has other legal defects. As far as I know, the court does not offer a particular form for doing so. The court has a generic objection form that could be adapted to that purpose.

1 Answer | Asked in Contracts, Business Law and Internet Law for Arizona on
Q: I have a default judgement in Pima Co against seller in Washington state.

I purchased several gold coins at auction and paid by personel check. Seller has only provided one out of eight coins and I'm still owed about $8000 and other fees. Do I hire a lawyer in Pima Co or Washington state? I need to place a lien or attach seller's assets based on judgement.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 4, 2019

It will depend on where the defendant is or has assets.

Most likely you need an attorney in that jurisdiction.

From the facts you mentioned it looks like you should look for an attorney in WA.

If you got a judgement in AZ, possibly you can domesticate it in WA and enforce it.

Best luck

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