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Arizona Contracts Questions & Answers
1 Answer | Asked in Contracts for Arizona on
Q: Question is this email which included a second party legally binding? Thank you!!

Trying to do an early cancellation of a Cox Fiber connection at a building we have moved from (16mos early).

We had a new Cox Fiber connection installed at the new building. Both buildings are in Arizona.

In an email the Cox person responded to the question of early termination... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 24, 2021

You can use any communication as proof of a modification to a regular contract.

Consult with an attorney. This is not legal advise.

1 Answer | Asked in Contracts for Arizona on
Q: Can you bid on your own auction online in Arizona when a lien has been placed on your storage unit
Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 17, 2021

Probably yes

Check with the online company

It is very typical in bankruptcy auctions for the debtor to bid on his own assets

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Arbitration / Mediation Law for Arizona on
Q: Re U-Haul charges for stolen truck under my name. I did get the insurance on the truck and will be pressing charges

U-Haul still wants to charge me for stolen vehicle and who know what else.

I want to know what is the first best route to start this legally. Should I arbitrate or go to court...based on not much experience.

Tim Akpinar
Tim Akpinar answered on Aug 13, 2021

An Arizona attorney could advise best, but your question remains open for two weeks. There could be provisions in your agreement that address arbitration. Some contracts have clauses that require arbitration over court - some contracts do not have such clauses. Good luck

Tim Akpinar

1 Answer | Asked in Contracts for Arizona on
Q: If someone signs an “irrevocable” contract for a broker to sell a business and they “void” it would it still be binding

The potential owner found an individual to purchase the business and thusly doesn’t need to broker the deal through a 3rd party. The contract itself notates it to be irrevocable but the broker is simply wrote “Void” through the contract itself. Not sure if this would require signing a new... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 7, 2021

Depends.

Any contract can be changed, cancelled or modified by the parties.

Check with an attorney in a consultation to review your case.

1 Answer | Asked in Contracts for Arizona on
Q: I am a defendant in a case where I perceive an attorney has knowingly filed a lis pendens. I have countersued.

I wish to file an ethics complaint or file against the attorney directly citing ARS 33-420 as I have done in the countersue against the plaintiff. I perceive the attorney uses frivolous lis pendens on a regular basis

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 28, 2021

Go to the state bar website and ask somebody there.

You can be liable if your complaint has no basis.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Business Law for Arizona on
Q: I have a small company and I want to manage/invest my clients' money; charing no fees. Are there any legal hurdles?

I want to be able to advertise that I will return a percentage per year on the investment. No fees.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 9, 2021

It depends on the type of business you have. You will need a license and registration with agencies.

Consult with an attorney.

1 Answer | Asked in Contracts and Arbitration / Mediation Law for Arizona on
Q: Will a verbal contact be honored in the event of one party's death or incapacitation?

The short version:

My boyfriend financed a car for me. We had a verbal agreement that the car would be mine as long as I paid all payments, expenses, and down payment. It is 30 months later and I have never missed or been late for a payment and I have payed ALL related expenses.... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on May 19, 2021

Yes it can.

If you can make sure it is in writing or recognized as such.

It would be better if the car is in your name and all payments came from you, from your checking account or transfers so that you have proof.

It may cost you to enforce the contract.

1 Answer | Asked in Contracts, Copyright, Business Law and Communications Law for Arizona on
Q: We do internet videos and a major american television show is asking us to sign a "Material License Agreement"

We are wondering what liability can come from this? We do not currently make money from the internet and are just making interesting videos. The contract says we grant non-exclusive license. We're fine giving it away for free but since we don't make money from this, we just want to make... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 8, 2021

An Arizona attorney could advise best, but your post remains open for four weeks. Because of its complexity and detail, this could be a difficult post for an attorney to respond to without knowing more information, and likely seeing the agreement you mention. If you continue not to get a response,... Read more »

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 L. Pennington
Andre L. 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 »

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