Resources

A California ruling that a purchase agreement may be illusory, and thus unenforceable, during a contingency period may influence the Arizona courts in future cases There has long been debate among real estate attorneys as to [...]

Indirect benefits do not constitute consideration for purposes of the Gift Clause, Arizona high court rules Many in the real estate community have been awaiting the final decision regarding the CityNorth project. On January [...]

Many long-term commercial loan transactions are essentially non-recourse except for certain carve-outs or “bad boy” provisions – describing events which, if they occur, can create partial (or even total) personal [...]

For tenants without a written lease, a prudent approach for a lender or purchaser would be to provide the 90-day notice to vacate regardless of whether the tenant meets the “bona fide” requirements In May 2009, as part of [...]

Given the two statutes and the various considerations that must be taken into account, no strategy works every time The distressed residential real estate market has prompted some lenders to ask us about possible foreclosure [...]

The latest revision of the form documents (released in December 2007) has altered a few of the numbers in the numbering system by which we all used to refer to the AIA form documents Since 1888, thus for 120 years, The [...]

What is a defeasance transaction, and why are we hearing so much about it lately? The concept of “defeasance” originated in the municipal bond market. In the 1990’s, the concept was adapted to the commercial [...]

A case summary of Smith v. Salish Kootenai College, published in The ARROW, the newsletter of the Indian Law Section of the State Bar of Arizona (In the Ninth Circuit, an en banc panel consists of eleven judges, instead [...]

Sovereign immunity poses a unique consideration for private companies that contract with a tribal entity, but it need not be a deterrent Sovereignty has varied meanings but can generally be defined as “the power to [...]

The Arizona Supreme Court strikes down a law that denied benefits for injured workers who were under the influence of alcohol or illegal drugs The Arizona Supreme Court has settled the confusion over whether employees who are [...]