Harper Law | Arizona

Housing Discrimination Based On Family Status

Arizona law expressly precludes housing discrimination based on a person's family status.  For more information, check out the following blog post by Harper Law's Arizona landlord tenant attorneys:

The Arizona Fair Housing Act Precludes Discrimination Due To Familial Status

The Arizona Fair Housing Act Precludes Discrimination Due to Familial Status

The Arizona Fair Housing Act, at A.R.S. 41-1491.01, precludes discrimination due to familial status.  Specifically, the Section provides that it is illegal to discriminate in connection with many housing-related transactions, including the sale or rental of housing, because a person is pregnant, living with a minor (in most cases), or is in the process of obtaining legal custody of a minor.

Individuals who feel they have been wrongfully discriminated against, or who have been accused of such discrimination, should consult with an Arizona landlord and tenant lawyer to discuss their rights and obligations in further detail.

Arizona Homeowner Sued By Second Mortgage Lender After Foreclosure - Case Dismissed!

Harper Law recently represented a homeowner who lost her home to foreclosure in late 2008.  The lender on the homeowner's second mortgage filed a lawsuit to recover over $40,000 it alleged was owed on the second mortgage, which was a purchase money mortgage used to buy the house in 2006.

Our Arizona real estate lawyers filed a Motion to Dismiss the lender's lawsuit pursuant to A.R.S. § 33-729(A), which states:

If a mortgage is given to secure the payment of the balance of the purchase price, or to secure a loan to pay all or part of the purchase price…the lien of judgment in an action to foreclose such mortgage shall not extend to any other property of the judgment debtor, nor may general execution be issued against the judgment debtor to enforce such judgment, and if the proceeds of the mortgaged real property sold under special execution are insufficient to satisfy the judgment, the judgment may not otherwise be satisfied out of other property of the judgment debtor, notwithstanding any agreement to the contrary.

The legal effect of this statute is that a lender is barred from pursuing any action against a borrower if the mortgage secured by a deed of trust was obtained to purchase the home.  After receiving Harper Law's Motion to Dismiss in this case, the lender realized the futility of its action and immediately offered to dismiss the case and pay the client's attorneys' fees.

If you've been sued by a lender, please schedule a consultation with an Arizona real estate attorney to determine whether you might be protected by this or another applicable law.

(CB09)

Thinking Of Buying A Small Business?

Harper Law's business lawyers share some thoughts on buying a small business.  Check it out:

Buying A Small Business In Arizona

Maricopa County Justice Court Litigation

Many civil legal disputes in Arizona can be handled in Justice Court, where the amount in dispute cannot exceed $10,000. Justice Courts also handle most forcible detainer ( landlord/tenant) actions for possession of real property and injunctions against harassment. Unfortunately, unlike Small Claims Court where the procedures are simplified and specfically designed to make it easy for a pro se litigant to present his case, it can be difficult for a self-represented individual to obtain the relief he or she is seeking in Justice Court.

After handling dozens of Justice Court cases and observing that the legal fees frequently exceeded the cost of recovery, Kevin Harper decided to design a more cost-effective solution for clients seeking damages of $10,000 or less in the Justice Court setting. In lieu of charging a customary hourly fee, Harper Law will handle most Justice Court cases, from beginning to end, for a reasonable flat fee. In many cases, the prevailing party will also be awarded attorneys' fees and costs, which may entitle you to recover these expenses from the opposing party at the end of the case. Of course, if you do not prevail you may have to pay the other side's fees and costs.

Forcible Detainer actions and Injunction Against Harassment actions can also usually be handled in the Maricopa County Justice Courts for a low fixed fee.

In our experience, these flat fees are a much more cost-effective option than a customary hourly fee. Of course, some smaller cases or cases where collection is doubtful may not merit the cost of retaining an attorney - even at this reduced fee schedule. We hope, however, that by offering flat fee services for Justice Court litigation some individuals and businesses that otherwise could not afford an Arizona attorney will have an opportunity to have their case presented by an experienced lawyer.

Unfortunately, we are not usually able to offer flat fee services for Superior Court or Federal Court litigation because, unlike Justice Court, it is nearly impossible to predict the amount of work that will be required in any individual case. For more information on Harper Law's fee structure, please visit our Fees page.

Proving That Your House Has A Construction Defect

If you are trying to recover damages from an Arizona homebuilder based on an allegation that your home has one or more construction defects, you'll probably need to engage the services of an expert to help you prove your case.  The expert you hire must have a sufficient combination of training, education and experience to testify convincingly about his conclusions that support your case. In many cases you will need to hire more than expert. For example, if your roof leaks, you may need to hire an expert architect as well as a contractor to fully address the design and damages issues. 

Unfortunately, experts are required in most construction defect cases and their services can significantly add to the costs of prosecuting such cases. Arizona construction defect lawyers have experience working with experts and can help identify experts who might be needed to prove your case.  In many cases, a good expert with a well-founded opinion can help convince the builder of the merits of your claim and lead to a satisfactory settlement.

Arizona Construction Defect Law Blog Discusses How To Prove Your House Has A Construction Defect

The Arizona construction defect lawyers at Harper Law have posted a brief discussion of how experts are used to prove the existence of construction defects during the course of litigation.  You can read the post at our Arizona construction defect law blog by clicking the title of the post here:

Proving That Your House Has A Construction Defect

Is There A Sex Offender In The Neighborhood?

If you're buying a new home, wouldn't you like to know whether there is a sex offender in your new neighborhood:

Before You Buy A Home In Arizona... Make Sure There's Not A Sex Offender In The Neighborhood

Before You Buy A Home In Arizona Make Sure There's Not A Sex Offender In The Neighborhood

The State of Arizona Department of Pubic Safety provides a great service that can help prospective home buyers find out if any convicted sex offenders live near the home they are thinking of buying.  Buyers can visit the Sex Offender InfoCenter and get an answer in just a few minutes.  Any parent purchasing a home in Arizona should do a search to confirm that the new neighbor isn't someone they would rather avoid.

The Duty Of Good Faith And Fair Dealing

Arizona law stands for the proposition that every contract includes an implied covenant of good faith and fair dealing.  This covenant, or duty, requires that the parties to a contract implicitly agree to act in good faith and deal fairly with the other. 

The cases interpreting this duty state that the duty of good faith and fair dealing means that one party to a contract should not try in bad faith to cheat the other party of the benefits he or she expected to receive when making the contract.

If you've got questions about the duty of good faith and fair dealing in connection with a contract you are a party to you should speak and an Arizona contract law attorney.

The Implied Duty of Good Faith and Fair Dealing

Parties to contracts in Arizona should consider the important, usually unwritten, duty of good faith and fair dealing.  Check out Harper Law's Arizona Contract Law Blog for a recent post on the topic:

The Duty Of Good Faith And Fair Dealing

Making A Wise Business Decision About Litigation

When faced with the prospect of litigation, small businesses must make the decision of whether its a smarter business decision to settle or go to trial.  In order to maximize profits, businesses must make the wise financial choice rather than an emotional one.  Harper Law's small business attorneys have shared some information on the Firm's Arizona Small Business Blog that provides some interesting insight:

Is It Better To Settle A Case Or Go To Trial?

The Statute of Frauds and Arizona Real Estate Contracts

Absent some statutory exception, Arizona contract law generally requires nothing more than the existence of an offer, acceptance, consideration, and sufficient specificity of the terms in order to have an enforceable contract. This means that oral contracts are just as enforceable as written contracts, though frequently more difficult to prove.

This is not true where the contract concerns the purchase and sale of real estate. There, the Statute of Frauds, codified in Arizona at A.R.S. Section 44-101(6), requires that contracts for the sale of real property be written and signed to be enforceable.

It is important to note, however, that the Arizona courts have consistently held that only the signature of the "party to be charged" is required. In other words, the contract must be signed by the party against whom enforcement is sought but does not necessarily have to be signed by the charging party. For example, a seller of real estate who never signed the sales contract may successfully maintain an action against a buyer who did sign the contract.

Any amendments to the contract must also be written and signed to be enforceable. Because of the requirements of the Statute of Frauds, parties buying or selling real estate in Arizona are advised to demand written confirmation of all the terms and conditions of the real estate transaction. Frequently, agents and brokers may make representations and assurances to buyers and sellers and suggest that a written modification is unnecessary. Buyers and sellers should avoid the temptation to rely upon such assurances and ensure that all important matters are reduced to writing and signed by the other party.

Notwithstanding the above, there are exceptions to the Statute of Frauds.  Many Arizona real estate contracts are not written and/or signed and one or more parties find themselves with a need to seek relief from another party. If you find yourself facing such a situation you should consult with an experienced Arizona real estate lawyer as soon as possible to determine whether an exception to the Statute of Frauds might apply, or if some other legal recourse is available.

Do Real Estate Contracts Need To Be Signed?

Real estate contracts in Arizona are usually subject to the Statute of Frauds.  To find out what this means for your real estate purchase, check out Harper Law's Arizona Property Law Blog:

The Statute Of Frauds And Arizona Real Estate Contracts