Kevin Parker

Kevin Parker

Snell & Wilmer

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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 Liability 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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