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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
- Best Practices: Commercial Lockouts in Arizona
- 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
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
Liquidated Damages: Too High and It’s a Penalty. Too Low and You’re Out of Luck.
By: Christian Fernandez Liquidated damages provisions in commercial and residential real estate contracts play a vital role when a transaction goes south, and should be given careful consideration when negotiating a real estate contract. Liquidated damages may be referred to … Continue reading
Author:
cfernandez
Comments Off on Liquidated Damages: Too High and It’s a Penalty. Too Low and You’re Out of Luck.
Tagged actual damages, actual loss, anticipated loss, commercial real estate, construction, contractor, earnest money, good-faith deposit, insufficient liquidated damages, liquidated damages, liquidated damages too low, loss, non-refundable deposit, penalty, purchase and sale agreement, real estate, real estate litigation, unenforceable penalty
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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
Comments Off on Anticipating Earnest Money “Damages” – Don’t Assume It
Tagged earnest money, real estate litigation, Thomas v. Montelucia Villas
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