REAL ESTATE & COMMERCIAL DISPUTES

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Real Estate and Commercial Disputes

Complicated issues concerning ownership, control, business strategy, and compensation of owners and employees can arise at any time in the ownership of any business, large or small. Disputes between joint owners of business enterprises can frequently become a nasty “business divorce.” Our experience with these real estate and commercial disputes has allowed our clients to preserve their businesses in the face of the conflicting claims that so often arise when there is a “falling out” among business owners. The drafting of proper documents at the time of business formation can minimize disputes among business owners. Our attorneys have experience with the rules and procedures of all Arizona courts, including the Commercial Court of Maricopa County Superior Court which is designed for complex real estate and commercial disputes.

Frequently Asked Questions about Real Estate & Commercial Disputes

The seller and buyer agree to split 50-50 the earnest money. The seller and buyer sign a mutual cancellation prepared by the escrow company, but one of the brokers refuses to sign. Is the mutual cancellation signed by the seller and buyer valid without the signature of the brokers?

If a seller does not make the repairs agreed upon in the BINSR (Buyer Inspection Notice and Seller's Response) by the time of closing, is the seller in breach of the contract? What if the buyer then delivers to the seller a three-day cure period notice, and the seller still does not complete the repairs?

Under the Purchase Contract, there is only a “potential” breach until after the three-day cure period notice has been delivered and the three days has expired. See lines 311-313 of the Purchase Contract. In other words, and despite the fact that the term “breach” is used loosely by REALTORS®, there is never a breach of the Purchase Contract until after the expiration of the three-day cure period.

After the seller failed to complete the repairs within three days, the seller would be in breach of the Purchase Contract.

The seller wants to change the listing price of the executed listing agreement. Does the broker have to agree to the seller's change?

No. Any material change in the listing agreement, e.g., modification of the list price to $240,000 or modification of the term of the listing from six months to one year, requires the consent of both the seller and the listing broker. Under the Statute of Frauds (A.R.S. §44-101), any listing agreement, and any amendment to the listing agreement, must be signed by both the seller and the listing broker.

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What Our Clients Are Saying

Hi Chelsea and Holly - You both are amazing. My wife wants to thank you both for your kindness and helping her get through the stress of testifying. We never doubted your abilities. You did exactly what you said you would do and your closing arguments where brilliant.
Thanks so much.

Chelsea and Holly, I wanted to take a moment and thank both of you again for your incredible work. Chelsea, you are a rock star! Holly, you are also a rock star in my book. I couldn't be more proud to have you represent us. Your craft was awesome to watch and I can't express how grateful I am for what you have done. A jury trial can go either way. However, your presentation skills were truly mesmerizing. You had the jury in your hand from your brilliant opening all the way through to your outstanding closing statement. You had a plan and executed it like a boss. Absolutely amazing! Thank you!

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REAL ESTATE & COMMERCIAL DISPUTES

Call us (602) 957-9810

Real Estate and Commercial Disputes

Frequently Asked Questions about Real Estate & Commercial Disputes

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What Our Clients Are Saying

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