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Arizona Contracts Questions & Answers
1 Answer | Asked in Contracts for Arizona on
Q: I have 1 buyer on the purchase contract. The lender just told me the buyer's spouse would like to be on title but not

the loan. Do I need an addendum to the purchase contract adding the spouse on as a Buyer even though they are not on the loan?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 6, 2019

You should confirm with the title/escrow company, but basically you can have the contract reflect anything you want, such as title owners, lenders, etc.

In essence if you are just selling the property, you just want it to go to somebody else, no matter if it is one owner or two in the...
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1 Answer | Asked in Contracts and Employment Law for Arizona on
Q: Can I be held responsible for a $2,000 penalty for breaking a contract I never signed but have been operating under?

I was offered an employment contract from a school district in Arizona November that I never signed. I have been working for the district and operating within the parameters of the contract since then and have been receiving a salary and benefits. I have a legitimate reason to quit before the... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 6, 2019

Yes, you have basically been executing the contract and are bound by its terms.

You may be able to negotiate any penalty and a detailed review of the contract may be helpful.

Let me know if I can help.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Arizona on
Q: How much notice to vacate my apartment is required when purchasing a home?
Peter H. Westby
Peter H. Westby
answered on Oct 12, 2018

You must give the notice required by your lease or rental agreement. If you are on a month to month tenancy, you must give 30 days notice--if you plan to be out by the end of December, you must give your 30 days notice before the end of November.

1 Answer | Asked in Civil Litigation and Contracts for Arizona on
Q: when you enter a offer or contract is there regulations or policies that has to be follow to make a contract legal
Tim Akpinar
Tim Akpinar
answered on Oct 23, 2018

Yes. Depending on the nature of the contract and the jurisdiction, there could be conditions that apply beyond the basic contract elements of offer, acceptance, consideration, etc.

Tim Akpinar

1 Answer | Asked in Contracts for Arizona on
Q: my Husband and his ex wife own a joint title in a time share in Arizona. His ex wife says I have to sign off on it.

Is that true ? Why do I have to sign anything? The divorce was between them. She’s saying because we’re married now that I have to sign papers because of the Arizona law of community property.

Michael Hales
Michael Hales
answered on Sep 25, 2018

If Arizona's community property laws are like ours here in Idaho, you shouldn't have to sign off on anything. If the ex does not want the timeshare anymore, she can sign it over to your husband, or she can take it. Based on my experience with timeshares, I'd recommend trying to give... View More

1 Answer | Asked in Contracts for Arizona on
Q: Can closing fees be recovered if contracts are cancelled within the seven day period? I paid with a new credit card.

Would associated plan conversion documents be rescinded as well? I traded previous timeshare ownerships to purchase the new one. I signed the contract and decided to cancel it on the same date.

Michael Hales
Michael Hales
answered on Sep 6, 2018

Yes, all fees must be returned to the purchaser. The association, however, is permitted at times to retain the value of any promotional items given to you at the sales presentation.

And if I understand your second question correctly, then yes, the new purchase contract would be rescinded...
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1 Answer | Asked in Contracts for Arizona on
Q: I am a black card member at planet fitness and have not gone in 7 months and will be charged a cancellation fee.

How can i get my money back for the past 7 months of not going?

Neal Bookspan
Neal Bookspan
answered on Jul 27, 2018

If you signed a contract that is where you need to start. It would speak to cancellation fees and dues. I doubt there is a basis to request return of the dues for the past 7 months.

1 Answer | Asked in Contracts for Arizona on
Q: A seller is unable to sell do to previous recording errors. We have entered into a sales contract before being informed.

The seller has discrepancies in living trust recording to TTEE.

Neal Bookspan
Neal Bookspan
answered on Jul 27, 2018

You should be able to work with a title company and or attorney to resolve the issues. The title company should be the starting point to find out what corrective documents need to be recorded before a deed transferring the property to you can be recorded.

2 Answers | Asked in Bankruptcy and Contracts for Arizona on
Q: I collaborated on a book with a client for two years. Now she filed for bankruptcy and says our contract is cancelled.

I have 30 years of experience in writing, editing and publishing. I live in Phoenix. The client, who resides in North Carolina, contacted me to help her write her memoirs. They are fascinating. The manuscript was completed in February 2018 and we were actively seeking an agent or publisher until... View More

Timothy Denison
Timothy Denison
answered on May 10, 2018

Yes, you need to contact a lawyer in the Federal district of NC where the bk is pending and have him check the filing out. He can then file, if necessary, the paperwork to intervene in the action and protect your interests. This is rather tricky, so you should not attempt it yourself

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Arizona on
Q: what do I do if I learned my former landlord sold my rental and the new landlord forged my name on a renewal lease?

I recently learned (I have proof) that on the day of the sale of my rental property (single family home), the new owner completed a new lease and forged my name. I have not had a true lease in effect since 05/31/2014.

Peter H. Westby
Peter H. Westby
answered on Apr 17, 2018

The first step is to have your original lease--the one you signed--reviewed by a real estate attorney. It may automatically renew by its terms. You may have the right to terminate. Once your attorney has reviewed the lease that you agreed to, he or she will be able to let you know your legal... View More

1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for Arizona on
Q: We are representing ourselves in a litigation case against a home servicing company.

We are at the stage of opposing side asking to dismiss. The judge denied their request 3 times, One of the approved was the Breach of Contract to include a few other charges. I now need to follow up doing a rebuttal I believe it is called to the ones that the apposing side has defended requesting... View More

Michael Gerity
Michael Gerity
answered on Mar 16, 2018

Hello. I hate to say it, but this goes WAY beyond the kind of legal advice you should be seeking on an online question and answer forum. It's not really even clear whether you are the plaintiff or defendant, and it's nearly impossible to address issues relating to dismissal without a... View More

1 Answer | Asked in Consumer Law, Contracts, Business Formation, Civil Litigation and Small Claims for Arizona on
Q: We hired a venue for my daughter's quinceanera cost us over $10,000. A shoebox with at least $5,000 of gifts was stolen.

The venue had no security cameras and I found out that this is happened before and they still have not put security cameras in. Can we hold them liable for the $5,000 of stolen merchandise.

Peter H. Westby
Peter H. Westby
answered on Mar 13, 2018

You may have a good claim. Generally, a business is not responsible for the criminal conduct of a third party. But where a business has notice of prior thefts and does not take reasonable steps to secure its premises for the protection of its customers, there can be liability for a... View More

0 Answers | Asked in Contracts and Employment Law for Arizona on
Q: My employment contract states that, if I leave their employment, I can not conduct the same business in the same county

(not naming here but specific in contract) or "surrounding counties" for 90 days. There is plenty of work for everyone and the employer has been dragging his heels on promises he has made re wages and benefits. I support a family and need the income and want to go on my own. Can he do... View More

1 Answer | Asked in Contracts and Products Liability for Arizona on
Q: What are our options for breach of contract?

Our catering company was hired by a client to provide food and service for 200 people. On the day of the event, our shipping company provided us the incorrect order for china dinnerware. It was in our contract to provide china and about 12 staff - Only 5 of the 12 showed up. We provided disposables... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 8, 2017

Seems that if you provided service, food was served, you have offered more than enough. If sued you can bring in the other company.

I'm not clear if you were to provide the staff or if someone else was. However, you've given them a meal at over 50% off so ......one of those live...
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1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: Can the bank foreclose on property purchased by me in 2012 that the previous owner has a loan on from 2008?

I was unaware of this loan. Doesn't the loaner have to do a title search before the sale?

Peter H. Westby
Peter H. Westby
answered on Nov 20, 2017

A foreclosure by a first lender is possible. This is an unusual situation. The first mortgage loan from 2008 should have been discovered by the title company that handled your purchase escrow. Normally it would have been paid off before you took title. At this point you have several options.... View More

0 Answers | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Arizona on
Q: Need to know who to name in a small claim. I was wrongfully evicted. Do I name the manager or the corporation?

Wrongfully evicted for black mold in the air conditioning room. The air conditioner broke and leaked I never had a reason to go into the room did not know until it completely busted and flooded apartment. Company would not accommodate us with another unit or hotel. Evicted is forcing us to ruin our... View More

1 Answer | Asked in Business Law and Contracts for Arizona on
Q: I ran a farmers market for 2 years. When it started to fail in 2015, I closed the business. Do I still owe its debts?

I have a contract that I still owe some money on and it states the agreement is between the city of SV and the market. TY!

Michael Gerity
Michael Gerity
answered on Sep 20, 2017

In a general sense, one of the goals of forming a business entity is to limit the liability of the owners to only what they put into the business and what it earns. However, the success of this goal depends on a lot of factors. You don't mention whether or not you actually formed a business... View More

1 Answer | Asked in Business Law, Contracts and Employment Law for Arizona on
Q: Hired n told i was going to make 11.37 a hr, got it on paper n found out im getting only ten, is that against the law

Got it on my phone, they told me 11.37 hr n i txt n ask if i was making 10hr n they txt back no your making 11.37 hr, but my check stub says 10 a hr n now after them telling they will change it to 11.37 a hr n give me back pay, but 2 months later still getting 10 a hr. Got all the info saved that... View More

Richard Michael Gee
Richard Michael Gee
answered on Aug 21, 2017

Sounds like you've got a wage and hour claim. You should either contact an attorney who works in this area in your state or you may be able to call your state department of labor and see what they can do for you.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Consumer Law for Arizona on
Q: sign 60mth contract for security alarm. Moved out of state. Is it it voided now?

Signed security alarm system for 60 months at home address. Moved out of state. Does that contract now become voided and service should be cancelled with no penalties?

Michael Gerity
Michael Gerity
answered on Aug 14, 2017

When it comes to interpreting any contract, it always boils down to the terms of the specific contract that you signed. With some notable exceptions, the courts and the law tend to stay out of contractual relationships, allowing parties to enter into contracts on terms to which both sides agree.... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Arizona on
Q: I have several homes that I have a contract with for vacation rentals with a company but they are late and don't pay

I sent them notices that if they don't pay I am changing the locks- and I did.

Glenn B. Manishin
Glenn B. Manishin
answered on Aug 7, 2017

You should check the provisions of your vacation rental company agreement, but generally if one party to a contract is in breach, here by not paying, the other parties excuse for performance and made exercise "self-help" justifying removing the lock boxes and changing the locks. If there... View More

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