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Arizona Contracts Questions & Answers
1 Answer | Asked in Business Law, Civil Litigation and Contracts for Arizona on
Q: Can you be sued for referring another professional? Ex. can a cabinet company be sued for a counter top company referral
Michael Gerity
Michael Gerity
answered on Jul 31, 2017

The bad news is that anybody can sue anybody else for anything any time. Our legal system is fairly efficient at then weeding out the baseless cases, or at least more efficient than most, but you simply cannot stop somebody from suing if that is what they are bound and determined to do.... View More

1 Answer | Asked in Bankruptcy, Consumer Law and Contracts for Arizona on
Q: I have $100,000 in private student loans. I do not recall taking out these loans-I was on medication. Is there help?

I have been paying on these loans for about 11 years with 20+ years left. I am in my mid-30s and have not yet saved for retirement. The payments are about $800/month. The balances have never moved. I have no recollection of taking them out. These are private loans, not federal. Is there any help... View More

Michael Gerity
Michael Gerity
answered on Aug 8, 2017

As you may have heard, most student loans are very difficult to get discharged in a bankruptcy. You have to show "undue hardship" in order to get them discharged, and that has proven to be an extremely high standard to meet. This applies to most student loans, including ones from a... View More

1 Answer | Asked in Contracts, Criminal Law, Personal Injury and Business Law for Arizona on
Q: My 7yr old son walked out of his daycare and was found wandering 2mi away.

He was not harmed or injured. Can I sue the day care for not providing supervision and allowing him to walk 2miles crossing major busy intersections and being found in a strangers apartmemt.

David Alan Wolf
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answered on Jul 14, 2017

Certainly, the day care center was negligent. From a practical standpoint, most attorneys limit their practices to cases involving some form of physical injuries. The laws, standards of proof, and collectible damages may be limited by the applicable law in place. Most personal injury attorneys... View More

1 Answer | Asked in Contracts, Divorce, Family Law and Civil Rights for Arizona on
Q: I'm being forced to sale my home, for way less than I agree.

My wife and I have been going through a divorce for more than a year now. She moved out a year ago, I stayed in our marital home. Its on her credit not mine and she got the judge to order the sale of the home and her attorney proposed an agent by the name of Tim. He is on the list of cert. court... View More

Regina Irene Edwards
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answered on May 8, 2017

If the final order does not address listing price by giving you the power to veto the listing price, or a minimum list price, then you may not have any say over the listing.

1 Answer | Asked in Contracts for Arizona on
Q: A family member owes me $100,000. A written agreement was made. He has failed to pay. What kind of lawyer do I need?

Debtor lives in Tucson. I am in Cochise County.

Tevis Steven Reich
Tevis Steven Reich
answered on Mar 2, 2017

A general civil lawyer in your area would be sufficient. I would suggest an attorney that is a debt collector, business attorney or contracts attorney.

1 Answer | Asked in Contracts and Landlord - Tenant for Arizona on
Q: Is it true that if I want a long term rental agreement the space rent goes up 350 dollars a month

I own my home I lived here for 2 years never had to renew my rental agreement got new owners they want us to sign a month to month but got force into signing it anyways even though I wrote them and told them I want a longer lease they said if I do that then the rent goes up is this true in the... View More

Tevis Steven Reich
Tevis Steven Reich
answered on Mar 2, 2017

The landlord may adjust rent if the periodic term of your lease is up. You can pay the increased rent or refuse and move. Under the Arizona Mobile Home Landlord and Tenant Act (ARS 33-1401 et seq) the landlord would need to terminate the lease and provide appropriate notice. ARS 33-1476. You... View More

1 Answer | Asked in Consumer Law, Small Claims and Contracts for Arizona on
Q: My mom was tricked into buying overpriced collectible coins. What laws can I sue under?

They convinced us that bullion would be confiscated and then told us the coins they were selling us were worth $2000 each but they're only worth about $1300. She paid $2020 each. She bought 7. I want to sue but need advice as to which laws were violated.

Tevis Steven Reich
Tevis Steven Reich
answered on Mar 2, 2017

She may have a claim for fraud, fraudulent inducement, material misrepresentation. There are multiple consumer protection laws that may also be applicable. An attorney in your area should be able to help you.

1 Answer | Asked in Contracts and Landlord - Tenant for Arizona on
Q: Roommate Agreement or Sublet Agreement or Lease Agreement?

I have leased a condo at $1300 a month with my name only.

The landlord allows me to have another roommate or two to help out.

I've already paid the 1300 from Jan to June in full.

The gameplan will be 500, 400, 400 for me, roommate 1, and roommate 2.

To protect... View More

Tevis Steven Reich
Tevis Steven Reich
answered on Mar 2, 2017

The legal concept you are proffering is a sublease. The landlord is renting to you and you are in turn renting a portion to others. If the others do not pay their rent, this does not excuse your obligation to the landlord. A landlord/tenant attorney in your area can help you prepare an... View More

1 Answer | Asked in Consumer Law, Contracts and Personal Injury for Arizona on
Q: how can i get the tow company to pay for the damage to my car?

my car was tow and the driver hook it up the wrong way, he is stating that my son told him to hook it up anyway he can so the

car gets off the street. my car is front wheel drive and now because of the way it was tow , i do not have reverse.

the owener fax me a statment that was... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 9, 2016

Contact a consumer attorney in your area of Arizona via www.naca.net

1 Answer | Asked in Contracts for Arizona on
Q: Are verbal agreements binding between a used car buyer and a car dealership?

Is a verbal agreement that was made prior to purchase of a vehicle binding for work that is to be performed on a vehicle after the purchase? The car was delivered to the dealer to perform work that a verbal agreement had been agreed to at the time of purchase, and then the dealer refused to honor... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 21, 2016

Possibly. It is possible Arizona's version of the UCC applies, and a written contract may be required. More importantly though, was there a written contract eventually for the purchase? If so, that contract likely has a clause that limits the terms to the written contract, which likely... View More

1 Answer | Asked in Business Law and Contracts for Arizona on
Q: If you have a verbal agreement with a business partner to purchase a vehicle. He takes the cash & spends it instead.

Do you have any legal grounds to get your money back ?

Adam Studnicki
Adam Studnicki
answered on Feb 23, 2016

More info is needed about the specifics.Depending on the amount of money involved, it could be a matter for small claims court.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it...
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1 Answer | Asked in Contracts for Arizona on
Q: Is there an Az law which allows a person time to review a contract?
Adam Studnicki
Adam Studnicki
answered on Feb 23, 2016

It is wise to read and understand a contract before signing it.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to...
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1 Answer | Asked in Contracts for Arizona on
Q: Is a verbal contract binding if entered into by a non-employee who has absolutely no authority to do so.

My sister used to be a very successful hair braider. Ten yrs ago she fell very ill - which caused her to be legally blind. I am now her chief caretaker and legal representative who handles all her business affairs. She is on several meds which make her loopy often. From time to time I give her... View More

Adam Studnicki
Adam Studnicki
answered on Jan 23, 2016

If there is no authority, then the answer is "maybe", as it then depends on a variety of other circumstances. There are other types of authority under the law, such as "apparent authority", "inherent authority", and a few others. You should talk to a lawyer asap... View More

1 Answer | Asked in Contracts for Arizona on
Q: Im from Canada and my ex girlfriend from USA and we agreed to by a house together in the US to her name, we paid half..

For down payment and remodeling and I paid most of mortgage for more than a year. She sold the house and kept everything, an excess of 200 000$, plus she kept all my stuff except clothes. All we had was oral agreement.

Adam Studnicki
Adam Studnicki
answered on Jan 21, 2016

Some agreement can be oral but more information is needed. Any emails or texts evidencing the agreement may help. A strong letter from a lawyer may be a good start. Sounds like there is enough at stake to make it worthwhile to look into further.

Please Take Notice: I am not your lawyer...
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1 Answer | Asked in Contracts for Arizona on
Q: I mistakenly signed for a renew contract online. Now they don't allow me to cancel it.

I'm an international student and I live off-campus. I mistakenly signed for a housing agreement which extend my lease. I talked to the manager and said I can pay some money to cancel that signature. But she told me they don't accept penalty and I have to find someone to take my place or... View More

Adam Studnicki
Adam Studnicki
answered on Jan 13, 2016

To advise on a contract, a lawyer should review the entire agreement.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is...
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1 Answer | Asked in Contracts for Arizona on
Q: I am a frelancer and a client wanst me to sell his online business that was never launched what contract template do i

need to list services needed to perform sale and protect his property ?

Adam Studnicki
Adam Studnicki
answered on Dec 19, 2015

Buying a business can get very complicated. There are many things to watch out for. Depending on the nature of the business, for example, ownership and validity of intellectual property may be important to examine.

Best to talk to a lawyer experienced in asset purchase agreements. Feel...
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1 Answer | Asked in Contracts for Arizona on
Q: How do I buy a car that does not have a clear title?

Hi - I have a car that I am the primary on the loan but, there is a 2nd person listed and he is hiding the vehicle from me and no longer paying for the car. It is no longer insured and he is now in jail.

He said that he will sell it to me, however, the title is not clear, if I decide to... View More

Adam Studnicki
Adam Studnicki
answered on Oct 11, 2015

You might check with the DMV on what they'll need to clear the title, or a consumer protection lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for...
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1 Answer | Asked in Contracts for Arizona on
Q: comp. filed in AZ bill of sale & assignment of loan states the laws of DL, w/out regard to state's principles of law ?

which state law should apply

Adam Studnicki
Adam Studnicki
answered on Jul 21, 2015

I don't understand your question.

1 Answer | Asked in Contracts for Arizona on
Q: Do I have legal standing to sue someone who owes me money based off a verbal agreement?
Adam Studnicki
Adam Studnicki
answered on Jul 2, 2015

Some types of contracts in Arizona have to be in writing. Others can be verbal. Here is an Arizona statute about this topic: http://www.azleg.state.az.us/ars/44/00101.htm

When suing over a verbal contract, it helps if you have independent corroboration (witnesses, texts, emails).

1 Answer | Asked in Contracts for Arizona on
Q: Should I take Sears to small claims court for breach of contract for selling furniture I ordered and paid for?

After paying for and setting up a delivery appointment, I was told the day before delivery that they no longer had my furniture set. After telling me that there policy is not to hold furniture that has been paid for, I told the manager that their contract said no such thing. After agreeing to allow... View More

Adam Studnicki
Adam Studnicki
answered on Jun 6, 2015

One option is to ask them for your money back and move on.

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