This summer the Arizona Supreme Court overruled the Arizona Court of Appeals decision in Mertola, LLC v. Santos, which impacts the statute of limitations (SOL) for collection of a written debt.Mertola involved collection of a credit card debt. The … [Read more...]
The Finality of Trustee’s Sales
An Arizona Supreme Court’s ruling in January 2018 upheld a decision affirming the finality of trustee’s sales. Zubia v. Shapiro et al., CV-16-0255-PR (2018). A primary purpose of a deed of trust, instead of a mortgage, is to expedite the lender’s … [Read more...]
Agreements to Compensate Real Estate Agents Must Be in Writing – Really!
Once again, Arizona courts have required strict compliance with Arizona statutes for real estate compensation: they must be in writing, signed by the parties and set forth the date of expiration. A.R.S. §32-2151.02(A). In January, the Arizona Court … [Read more...]
Specificity Required For Specific Performance
Arizona courts will not “order specific performance if the parties did not agree on one or more ‘important, essential or material terms.’” Offerman v. Granada, LLC, No. 1 CA-CV 16-0407, Ariz. App. 11-14-2017. In this recent case, Offerman leased … [Read more...]
Sexual Harassment Prevention
Sexual harassment is in the news, from movie producer Harvey Weinstein to actor Kevin Spacey to television journalist Matt Lauer and so many others. With the “Me, too” campaign, it has become widely publicized that many employees – both men and women … [Read more...]
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