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About This Blog
Welcome to the Snell & Wilmer real estate litigation blog. Check back here often for useful news and information about current topics involving real estate litigation. We hope that you will find the blog both timely and helpful, and we invite you to join the discussion by posting comments about the articles and contacting the authors with your thoughts about the posts.
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Recent Posts
- The Unwavering Un-waivable Implied Warranty of Workmanship and Habitability in Arizona
- Liquidated Damages: Too High and It’s a Penalty. Too Low and You’re Out of Luck.
- The Arizona Supreme Court Confirms that Judgment Liens Attach to Homestead Property
- Don’t Be Lazy with Your Tenders
- Can I Record a Lis Pendens in Arizona if the Lawsuit is filed Another Jurisdiction?
Topics
- Anti-deficiency Statute
- Bankruptcy
- Commercial Real Estate Industry
- Construction and Development
- Environmental
- Evictions
- Foreclosures
- Guaranty Contracts
- Judgment Liens
- Medical Marijuana
- Real Estate and Bankruptcy
- Real Estate Appraiser Litigation
- Real Estate Broker Litigation
- Real Estate Purchase/Sale Transaction Litigation
- Real Estate Receivers
- Statutes Affecting Real Estate
- Title Insurance
- Uncategorized
- Zoning
The Unwavering Un-waivable Implied Warranty of Workmanship and Habitability in Arizona
By: Robert A. Henry and Emily R. Parker The Arizona Supreme Court recently issued an opinion on the scope of the implied warranty of workmanship and habitability (the “implied warranty”) in contracts between homebuyers and builder/vendors that provides clear guidance … Continue reading
Author:
Bob Henry
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Tagged construction warranties, implied warranties, implied warranty, implied warranty of workmanship and habitability, purchase and sale agreement, real estate, real estate litigation, real property, Warranty of Habitability, warranty of workmanship
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Arizona Governor Ducey’s Executive Order on Residential Eviction Actions
By: Bob Henry As part of the State of Arizona’s response to the current public health crisis, on March 24, 2020, Arizona Governor Ducey issued Executive Order 2020-14, titled “Postponement of Eviction Actions.” A copy of the Executive Order is … Continue reading
Author:
Bob Henry
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Tagged Arizona residential evictions. Executive Order 2020-14
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Recording “Un-Neighborly” Documents
By: Bob Henry In September 2018, in Baumgartner v. Timmins, 245 Ariz. 334, 429 P.3d 567, the Arizona Court of Appeals provided further clarification on what constitutes an “encumbrance” on a property for purposes of Arizona’s statutory scheme prohibiting the … Continue reading
Author:
Bob Henry
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Tagged A.R.S. § 33-420, Baumgartner, real estate litigation, recording false documents
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Erasing Any Doubt: Arizona FED Actions Do Not Accrue Until Formal Demand for Possession is Tendered
By: Bob Henry Clearing up any lingering confusion, in Carrington Mortgage Services, LLC v. Woods, 767 Ariz. Adv. Rep. 4 (June 22, 2017), the Arizona Court of Appeals confirmed that residential forcible entry and detainer actions in Arizona accrue for … Continue reading
Author:
Bob Henry
Comments Off on Erasing Any Doubt: Arizona FED Actions Do Not Accrue Until Formal Demand for Possession is Tendered
Tagged Arizona residential FED actions; Arizona residential forcible entry and detainer actions; A.R.S. § 12-1173.01; Notice to Vacate
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Church Property Tax Liability in Arizona for Commercial Leases
By: Bob Henry Arizona House Bill 2128, which was signed into law by Governor Doug Ducey on March 23, 2015, has potential impact on the commercial real estate leasing market. The bill enables owners of real property that is leased … Continue reading
Author:
Bob Henry
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Tagged commercial real estate, HB 2128, leasing
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Arizona Chamber of Commerce Forms Policy Group for Real Estate and Community Development Issues
By: Bob Henry The Arizona Chamber of Commerce & Industry has formed a new policy committee for “Real Estate and Community Development Issues.” The Arizona Chamber’s policy committees—now 16 different committees that cover policy areas ranging from “Budget & Government Reform” … Continue reading
Author:
Bob Henry
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Tagged Arizona Chamber of Commerce & Industry, Budget & Government Reform, Community Development, Policy Committees, real estate, Real Estate and Community Development Issues, Workers Compensation and Insurance, Workplace
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Arizona Residential Mortgage Brokers: Potential Additional Liability Exposure on the Horizon
by Bob Henry Arizona Senate Bill 1026, introduced by Senator Ableser, proposes some significant changes to the law governing Arizona’s residential mortgage brokers that could expand their potential liability arising out of their day-to-day business dealings. The bill proposes amendments … Continue reading
Author:
Bob Henry
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Tagged Arizona Mortgage Broker Liability, S.B. 1026, Senate Bill 2026
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Developers and Homebuilders: The Ramifications of Yanni v. Tucker Plumbing, Inc.
By Bob Henry On November 20, 2013, Division Two of the Arizona Court of Appeals issued its opinion in Yanni v. Tucker Plumbing, Inc., 2013 Ariz. App. LEXIS 235. While the opinion was a victory of sorts for the real … Continue reading
Author:
Bob Henry
Comments Off on Developers and Homebuilders: The Ramifications of Yanni v. Tucker Plumbing, Inc.
Tagged construction defect litigation, implied warranty of workmanship and habitability, real estate litigation, Yanni
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Anticipating Earnest Money “Damages” – Don’t Assume It
By Bob Henry The Arizona Supreme Court issued an opinion last month in Thomas v. Montelucia Villas, LLC, 2013 Ariz. LEXIS 152 (June 14, 2013) that adds a few wrinkles to efforts by sellers in real estate transactions to retain … Continue reading
Author:
Bob Henry
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Tagged earnest money, real estate litigation, Thomas v. Montelucia Villas
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