Erica Stutman

Erica Stutman

Snell & Wilmer

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Latest Publications


A Purchaser Who Doesn’t Inquire May Be Teeing Up For Failure

Picture this: While on the hunt for new development opportunities, you stumble across a golf course in the middle of a high-end community, and you think this would be the perfect spot for more houses, or a retail center, or...more

4/3/2015 - Chain of Title Due Diligence Real Estate Investments Restrictive Covenants

Landlords Need Not Deny Puppy Love

Dog-lovers will be happy to know they may rent property to a tenant and the tenant’s dog without necessarily being subject to strict liability if man’s best friend turns out to be not-so-friendly after all. In Spirlong v....more

12/12/2014 - Car Accident Dogs Residential Leases

Real estate salesperson succeeds in mission to collect commission

A.R.S. § 32-2152 allows a real estate broker or salesperson to file a court action to collect earned compensation if he was a “qualified licensed broker or salesperson at the time the claim arose.” In Focus Point Prop., LLC...more

7/14/2014 - Real Estate Brokers Sales Commissions

Brandt Revocable Trust v. U.S. – the United States’ theory of land ownership derailed

In Brandt Revocable Trust v. U.S., the United States Supreme Court held that abandoned railway rights-of-way that had been granted to railroad companies under the General Railroad Right-of-Way Act of 1875 left underlying...more

3/31/2014 - Brandt Irrevocable Trust v Us Eminent Domain Railroads SCOTUS Takings

Frustration of Purpose: A Frustrating Doctrine

Next Gen Capital, LLC v. Consumer Lending Associates, LLC illustrates the difficulty a tenant faces when trying to avoid liability for breaching a lease based on the “frustration of purpose” defense. No. 1 CA-CV 12-0624...more

12/27/2013 - Breach of Contract Commercial Leases Commercial Real Estate Market Contract Drafting Landlords Leases Tenants Void and Unenforceable

Understanding Zoning Nonconforming Uses Is No Walk In The Park, But A Mobile-Home Park May Be Treated As A Unified Use.

When Arizona municipalities adopt new zoning ordinances and regulations, existing property owners have the right to continue using their property for the use in place when the new ordinance or regulation becomes effective,...more

8/26/2013 - Mobile Homes Property Improvements Property Owners Property Ownership Repairs

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