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Arizona Contracts Questions & Answers
1 Answer | Asked in Contracts for Arizona on
Q: Signed a contract with Anderson Windows for $40,000 on the 18th of November, how long do I have to cancel contract
Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 25, 2020

Review the contract

Usually if a contract is signed at your home, you have a few days to back away

Consult with an attorney

And if you are going to cancel, you'd better do it fast, as in talking to somebody about your options, before the company can claim any damages by your inaction

1 Answer | Asked in Contracts for Arizona on
Q: Hello. I’d like to know if I can be sued for backing out of an agreement to sell my house?

The transaction involves an investor but I have another interested party that I’d like to sell to. Can switch without any legal ramifications?

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 15, 2020

Most likely not.

Check the contract you signed.

Most likely the buyer can sue you and force you to sell.

Best luck!

1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: Is it legal to create a retroactive contract for a rent-to-purchase agreement in Arizona?

I have had great tenants for 3 years renting my home. I am selling my house, and I would be interested in offering it to them (they have expressed interest previously). As agent fees usually run about 6%, I was wondering if I could write a retroactive contract wherein a portion (equal to that 6%)... Read more »

Peter H. Westby
Peter H. Westby answered on Oct 8, 2020

I do not recommend using any kind of retroactive contract. A normal residential real estate purchase contract should be used to document this transaction. But your intention is fine. There is no problem in reducing the purchase price of the home in any amount that you and your tenants agree... Read more »

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Arizona on
Q: Am I obligated to pay for a rental car that I didn't sign an agreement fro it?

I recently rented a car, and typically before you get the keys, you sign a rental agreement. I was not asked to sign any agreement, am I still obligated to pay without signing an agreement?

Tim Akpinar
Tim Akpinar answered on Oct 1, 2020

An Arizona attorney could answer best, but your question remains open for two weeks. As a general premise, signing an agreement has evolved from what it meant in the past. Digital keystrokes on a computer or other device have attained the same legal force as a traditional signature left by a pen on... Read more »

1 Answer | Asked in Personal Injury and Contracts for Arizona on
Q: Thousand dollars down to hold a truck and the guy died two days later and never made it back they won’t refund
Tim Akpinar
Tim Akpinar answered on Sep 19, 2020

Since your post remains open for a while, at this point you could consider checking with an Arizona attorney if this is something the person(s) appointed to handle the estate would handle - but if it was a matter of cash exchanged over a handshake, there might not be any record of it. Good luck... Read more »

1 Answer | Asked in Contracts and Family Law for Arizona on
Q: Ex husband but back together bin rehab for pool accident can he change me to his power of Atty from his daughter

Change PowerPoint Atty while in rehab for PT and speech therapy

Mike Branum
Mike Branum answered on Jul 16, 2020

As long as he is competent to make that decision, he can change his power of attorney to whomever he pleases.

1 Answer | Asked in Health Care Law and Contracts for Arizona on
Q: Can a power of Atty be changed while in the hospital
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 16, 2020

As long as the grantor of the power of attorney (POA) has legal capacity and all statutory requirements in Arizona for execution of a POA are followed, it can be done.

When a person is in a hospital it is very important to have written evidence that at the time of execution of the POA the...
Read more »

1 Answer | Asked in Civil Litigation, Contracts and Education Law for Arizona on
Q: Do I have any legal recourse? My school publicized my personal and academic Information, SSN, photos, etc

My social security number, address, photos, transcripts, academic rank and deans letter we’re all accidentally made public through my school’s shared folders. I found out via a current student, and later received an apology from the Dean, as well as an assertion that the problem was fixed.... Read more »

Raul Jauregui
Raul Jauregui answered on Jun 23, 2020

I am sorry to learn of your situation. It seems to me the basic federal law for you to seek remedy is FERPA which you can find here, https://www2.ed.gov/policy/gen/guid/fpco/ferpa/students.html. There's also a mechanism for filing complaints here,... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: I hold the mortgage on a home I sold What happens when I die? Will my heir (son) then get the payments?

Is there something that needs to be recorded for this to happen?

Vincent Gallo
Vincent Gallo answered on Jun 20, 2020

Your estate will be entitled to the payments until your executor directs otherwise.

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Arizona on
Q: I'm in a home rental which expires end of Jan2021. i was informed that homeowners getting divorced, can i keep lease

I'm in a home rental which expires end of Jan2021. i was informed that the homeowners getting divorced, can i keep lease? Or can they terminate my lease? I have never missed a payment, i pay 2 weeks early and never had any complaints or issues. I want to stay... Do the homeowners have to honor... Read more »

Peter H. Westby
Peter H. Westby answered on Jun 15, 2020

The homeowners' divorce does not impair your rights under the lease and is not, by itself, grounds for lease termination. So long as you pay your rent, you should be allowed to complete your lease term unless your lease contains provisions that would allow the owners to terminate early.

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1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for Arizona on
Q: Apartment switched property management companies after my lease ended... which one do I sue?

I'm filing a small claim against my previous apartment complex to get my unreturned security deposit.

The complex employed a new property management company AFTER I moved out.

Do I sue the property management company that was used when I signed the original lease or the new... Read more »

Mr Frankie Adamo Esq
Mr Frankie Adamo Esq answered on Jun 11, 2020

Generally, in landlord/tenant cases, you sue the landlord (or property owner) - not the property management company or property manager. The property manager typically is not the property owner and merely the landlord's agent who at all times is acting on behalf of the landlord. If the... Read more »

1 Answer | Asked in Contracts, Estate Planning and Appeals / Appellate Law for Arizona on
Q: My husband passed away and had a business. He was the only share holder so the company is mine. Is this correct?

My stepdaughter, who got half of the business was upset because she did not get all of it. He had a tax and payroll. She has the data entry and payroll and I sold the tax part. Neither of us know tax returns. I gave her 20,000.00. I feel like I was taken advantage of. He passed Jan 2, 2020... Read more »

Andre Lee Pennington
Andre Lee Pennington answered on Apr 11, 2020

This depends on whether there was a last will and testament (or Trust that owned the business; or business documents that indicated what should happen) or not. If there was an estate plan that addressed the business, then it controls where it goes. If there was not, see below:

ARS...
Read more »

1 Answer | Asked in Business Law, Construction Law, Contracts and Employment Law for Arizona on
Q: if i work for one client at a time and i stake construction without survey license, im within ARS 32-101?

j

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 27, 2020

You are not competent to read the law and determine what it means and whether you can do what you are trying to do. While I have not read the law either I can tell you that if ANY Florida law requires any sort of "certification" before anyone can do whatever the law covers, you cannot... Read more »

2 Answers | Asked in Contracts for Arizona on
Q: I am currently staying at Tucson resort hotel, booked for two months (Mar/Apr) paid for one month am I obligated to pay

for a second month? Hotel has closed the pool, hot tub and gym and other amenities. City has closed all gyms and pools per mayor. Bill. 3/18/20. 12:50pm

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 18, 2020

Unless you have a written contract the answer is no. And even if you do, I doubt if the hotel will try to force you to stay in a place that the governent has shut down.

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1 Answer | Asked in Contracts, Business Law and International Law for Arizona on
Q: Is it legal for Americans to trade medical supplies overseas ?

Have a offer on the table that Russians want masks and supplier is in China and facilitator says that buyers are now procuring orders but I've not seen proof yet

Getting conflicting reports

We can

we cant

This is how it started:

Hello!

I have a... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 15, 2020

This sounds like a valuable service you are providing to protect people and it is commendable. But the question is very fact-intensive and crosses over a number of different areas involving bulk freight, where it's possible that import-export or shipping consultants who are close to these... Read more »

1 Answer | Asked in Consumer Law, Contracts and Foreclosure for Arizona on
Q: is it legal for 2nd mortgage to foreclose, buy the house at auction, not payoff 1st mortgage but pay monthly payment?

8 years after my 2nd mortgage forclosed I found out the frst mortgage loan which was an fha, is still in my name. The loan is active and payments have been made by someone without my knowledge for 8 years. My name is listed on the contact information but the contact adddress and phone is that of... Read more »

Diane L. Drain
Diane L. Drain answered on Mar 4, 2020

This happens all the time. The first loan has not been paid off, therefore there is still debt owing - by you. If this is Arizona property, under 2 1/2 acres, then lender can foreclose if the loan is not paid, but they cannot sue you. That is the good news. The bad news is that you still have a... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Constitutional Law and Probate for Arizona on
Q: Paid mom for property, she died intestate, outstanding mtg.1616. Is property part of estate.I was assigned title.

I will assume 1616 owed on mtg. Since I also had POA, and property was security to me coupled POA, can I just file as owner with contract. I fully performed.

Nina Whitehurst
Nina Whitehurst answered on Jan 2, 2020

It sounds like you paid for the property but never got a deed. Yes, the property would be part of her estate and you have a claim to receive it pursuant to contract. You should hire a probate attorney to help you pursue that claim.

1 Answer | Asked in Contracts, Construction Law, Internet Law and Libel & Slander for Arizona on
Q: Can a 3rd party contractor sue for negative online reviews if no money exchanged hands

We are a 3rd party contractor for Home Warranty companies. And customers of the home warranty company are posting negative online reviews, some for reasons out of our hands, due to our restrictions in our contract with the home warranty company. Can we issue a cease and desist and sue if the... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 21, 2019

If you consulted with an attorney regarding such a letter or legal action, they would likely want to see each individual review. If they're negative, it's possible that in itself is not necessarily actionable. An attorney who deals with defamation would examine if they were false and... Read more »

1 Answer | Asked in Contracts, Copyright and Entertainment / Sports for Arizona on
Q: This question is about how songs are registered

In music, if the agreement is non exclusive where they get the publishing and you retain your writers (for music licensing), how will companies/Ascap etc know when YOU got something placed as opposed to the company you sign this type of deal with? So you get your writers and publishers share when... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 25, 2019

Your question is confusing.

The collection of royalties can be accomplished in several ways. Directly negotiating and collecting with every organization, or using some of the agencies that exist that license and charge for your music, lyrics, etc directly. They then distribute the money....
Read more »

1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: Does a home buyer have any recourse to get payment for repairs not properly completed by the seller before the sale?

AZ home sale: Defect items in the parapet stucco contractually agreed to be repaired were not properly repaired before the sale. Now, the improper repair is being discovered. Does the new homeowner have any recourse?

Vincent Gallo
Vincent Gallo answered on Oct 19, 2019

Without a written survival agreement, your only option was to have not closed until all the repairs were properly completed to your satisfaction.

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