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Arizona Contracts Questions & Answers
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

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 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, 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 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: 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.

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