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Arizona Contracts Questions & Answers
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 harmful, among... 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....
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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.

1 Answer | Asked in Business Law, Contracts, Real Estate Law and Securities Law for Arizona on
Q: I am seeking a R E attorney close to the Mesa area for a long term relationship, who can help me with creative deals.

I also require advise with private loans.

Looking for references. Please!

Tim Akpinar
Tim Akpinar answered on Sep 14, 2019

This isn't a referral service; it's just a question and answer board. If you want to find an attorney, you could contact those on this site under the Find-a-Lawyer tab above, conduct your independent searches, or try the State Bar of Arizona. Good luck

Tim Akpinar

1 Answer | Asked in Contracts, Criminal Law, Employment Law and Workers' Compensation for Arizona on
Q: Live in caregiver and client’s son verbally agreed upon a set payment amount and schedule but still hasn’t been paid.

I was asked by a friend to move to Arizona from San Diego into his mother’s house to be hired as her live in caregiver. Her son and I agreed to a set rate and payment schedule, and verbally confirmed our agreement several times, and though I’ve been here for 4 months now, I haven’t been paid... Read more »

Mike Branum
Mike Branum answered on Sep 13, 2019

You would need to file a small claims action. It will need to be filed in Arizona, which may be difficult if you move it and move back to Cali.

1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: Can the HOA force me to change the color of my garage door after 14 yrs, said was painted wrong when built?

Bought home 5 years ago, HOA inspection report made no mention of any violation or out of compliance issues regarding house color. CCR say I only need approval to change house color, yet they want me to change the garage door color. I say after 14 years, the current color I have is what I'm keeping... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 12, 2019

You are going to lose this fight.

1 Answer | Asked in Business Law and Contracts for Arizona on
Q: Is a non-compete agreement transferable when a company changes its name and principles are different
Peter H. Westby
Peter H. Westby answered on Aug 26, 2019

A non-compete agreement can be transferable. The agreement should be reviewed by an attorney to see if it is made specifically transferable to a successor entity by its terms. I recommend having your agreement reviewed by an attorney. It would also be helpful to your attorney to know more about... Read more »

2 Answers | Asked in Contracts, Banking, Collections and Lemon Law for Arizona on
Q: What makes a contract void or voidable in AZ
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 26, 2019

Void and voidable are not the same thing. Please explain what you want.

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1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: Can I the seller cancel my listing agreement with the real estate agent on my home if I decide I no longer want to sell

Are there any costs that I would be liable for the property has a sign on it and has been listed on the MLS

Peter H. Westby
Peter H. Westby answered on Jul 22, 2019

A listing agreement can be cancelled in most cases, but there can be costs and penalties associated with cancellation. For example, you may be asked to reimburse your agent for his marketing costs. Or, if you decide to sell at a later date, it is possible that your agent may make a claim against... Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Arizona on
Q: Can an arizona landlord terminate a lease for renovation purposes?
Peter H. Westby
Peter H. Westby answered on Jul 11, 2019

This is possible. It depends upon the terms of the lease as well as other pertinent facts. I recommend that you review this with a real estate attorney. Once your attorney reviews your lease and knows the facts, he or she will be able to let you know your legal rights and best options.

1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: I have a 5 Day Eviction Notice fee of $100. Do I have to pay the fee if I just pay the required amount for the lease?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

If your landlord has filed an action to evict you, you will be evicted unless you do something to defend yourself in the court that has jurisdiction; and to do so you may have to pay the amount of rent due into the registry of the court--which usually charges some fee for doing so. If you owe the... Read more »

1 Answer | Asked in Banking, Contracts, Family Law and Probate for Arizona on
Q: I was told by bank on phone inquiry I made about a checking account balance then they tell me I had a savings also mine.

I didn't have time for asking for the finding out more about some sort of account that I was beneficiary or some kind of account from a will. I didn't get the information about account number or any info about this account, just told on phone call to the banks 1800number, then I went to the bank... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 17, 2019

The bizarre story has all the markings of a scam in the making. Why? Because reputable banks do not just call people on the phone to discuss their bank accounts--especially if the person called has no idea they had the "accounts."

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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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 changes that...
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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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