Kevin Parker

Kevin Parker

Snell & Wilmer

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Latest Publications


Statute of Frauds: (1) Email as “Writing” and (2) Email Signature as “Signature”

Arizona, like most states, has a Statute of Frauds that essentially requires real estate related contracts to be both (1) in writing and (2) signed by the party to be charged. A.R.S. § 44-101. Questions often arise as to...more

10/27/2015 - Email Real Estate Sales Contracts Statute of Frauds Writing Requirement

Arizona Court Clarifies Premise Liability

In a recent Arizona Court of Appeals case, the court clarified the rules for liability of a property owner to a person injured on the premises. In Lee v. M & H Enterprises, Inc. and Wal-Mart Stores, Inc. (filed April 21,...more

7/3/2015 - Construction Industry Contractors Employer Liability Issues Independent Contractors Negligence Premises Liability Summary Judgment Vicarious Liability Wal-Mart

More Cases Alleging Illegal Coordination Efforts Could be on the Horizon

In light of the first federal “coordination” case guilty plea, the Department of Justice (“DOJ”) has announced its intent to aggressively pursue convictions for coordination violations. This apparently new focus comes as the...more

3/20/2015 - DOJ Federal Election Commission (FEC) PACs Strategic Enforcement Plan SuperPACs

Injunctive Relief for Building Encroachment. Do I Have to Move the House?

When a land owner mistakenly builds a house or other building or structure that encroaches on a neighbor’s property, what is the remedy? Does the offending land owner have to physically remove the structure from the...more

2/26/2015 - Encroachments Injunctive Relief Property Owners Trespass

Homestead Exemption Cannot be Denied on Equitable Grounds

Arizona’s homestead exemption allows a person to protect from certain creditors up to $150,000 of their equity in their residence (dwelling house, condominium, or mobile home). A.R.S. § 33-1101 et seq. This homestead equity...more

10/9/2014 - Consumer Bankruptcy Home Equity Homestead Exemption Liens

Seller Liability for Disclosures (or Non-Disclosures), Part 2

In our blog post dated April 29, 2013, Matthew Fischer discussed the case Lerner v. DMB Realty, LLC (Arizona Court of Appeals, November 27, 2012). In that case, the Arizona Court of Appeals addressed, among other things, the...more

5/14/2014 - Appeals Disclosure Requirements Fraud Material Disclosures Material Misstatements Real Estate Transfers Sellers Sex Offender Registry Sex Offenders

Commercial Real Estate Broker Liens

Arizona, by statute, allows a commercial real estate broker in certain limited circumstances to record a lien against the owner’s real property which is the subject of the commission agreement, in order to protect the...more

1/27/2014 - Liens Real Estate Brokers Real Estate Market

Partition Disputes

Partition is a statutory procedure whereby co-tenants (for example joint tenancy, tenancy-in-common, community property) can file a court action to physically divide or sell the property. See A.R.S. § 12-1211 et seq. Unless...more

12/2/2013 - Partition Act Petition for Partition Property Owners

Protecting Your Project From Litigation: Limited Liability Company vs. Partnership

If you have multiple investors/owners, one of the benefits of using a Limited Liability Company (LLC) to own real property rather than using a partnership is that the LLC offers better protection of the real property from...more

8/12/2013 - Choice of Entity Employer Liability Issues LLC Partnerships

Purchase Options: Strict Compliance Required

In a rising real estate market, we tend to see more disputes relating to purchase options. Given the increase in value, the property owner would rather avoid the option and sell at a higher price. The option holder can make...more

6/3/2013 - Contract Interpretation Equitable Relief Housing Market Option Contracts Time is of the Essence

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