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Arizona Contracts Questions & Answers
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Would associated plan conversion documents be rescinded as well?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And if I understand your second question correctly, then yes, the new purchase contract would be rescinded...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.

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.

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

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

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 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, 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

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 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 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

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