The homebuying market as we know it is about to see sweeping changes. On Friday, March 15, 2024, the National Association of Realtors (NAR) announced a settlement with groups of home sellers, agreeing to end antitrust...more
3/19/2024
/ Anti-Competitive ,
Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Buyers ,
Fee-for-Service ,
National Association of Realtors ,
Real Estate Brokers ,
Real Estate Market ,
Sellers ,
Settlement
On December 7, 2023, the Arizona Court of Appeals held in State of Arizona v. Foothills Reserve Master Owners Association, Inc. that 589 homeowners in an Ahwatukee subdivision were not entitled to “proximity damages” after...more
The Arizona Supreme Court recently issued an opinion on the scope of the implied warranty of workmanship and habitability (the “implied warranty”) in contracts between homebuyers and builder/vendors that provides clear...more
As part of the State of Arizona’s response to the current public health crisis, on March 24, 2020, Arizona Governor Ducey issued Executive Order 2020-14, titled “Postponement of Eviction Actions.”... Residential landlords...more
In September 2018, in Baumgartner v. Timmins, 245 Ariz. 334, 429 P.3d 567, the Arizona Court of Appeals provided further clarification on what constitutes an “encumbrance” on a property for purposes of Arizona’s statutory...more
3/5/2019
/ Actual Damages ,
Affidavits ,
Appeals ,
Attorney's Fees ,
CC&Rs ,
Default Judgment ,
Encumbrances ,
False Reporting ,
Final Judgment ,
Homeowners ,
Homeowners Association (HOA) ,
Litigation Fees & Costs ,
Material Misstatements ,
Property Owners ,
Reversal ,
Treble Damages
On June 7, 2017, the Tenth Circuit Court of Appeals issued its opinion in Safe Streets Alliance, et al. v. Hickenlooper, et al., (No. 16-1048), an opinion that could open the doors to property use litigation involving...more
7/24/2017
/ Adjacent Property Owners ,
Appeals ,
Covenant of Quiet Enjoyment ,
Dismissals ,
Federal v State Law Application ,
Manufacturing Facilities ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
Nuisance ,
Private Nuisance ,
Property Owners ,
Reversal ,
RICO
Clearing up any lingering confusion, in Carrington Mortgage Services, LLC v. Woods, 767 Ariz. Adv. Rep. 4 (June 22, 2017), the Arizona Court of Appeals confirmed that residential forcible entry and detainer actions in Arizona...more
Arizona House Bill 2128, which was signed into law by Governor Doug Ducey on March 23, 2015, has potential impact on the commercial real estate leasing market. The bill enables owners of real property that is leased to...more
The Arizona Chamber of Commerce & Industry has formed a new policy committee for “Real Estate and Community Development Issues.” The Arizona Chamber’s policy committees—now 16 different committees that cover policy areas...more
Arizona Senate Bill 1026, introduced by Senator Ableser, proposes some significant changes to the law governing Arizona’s residential mortgage brokers that could expand their potential liability arising out of their...more
On November 20, 2013, Division Two of the Arizona Court of Appeals issued its opinion in Yanni v. Tucker Plumbing, Inc., 2013 Ariz. App. LEXIS 235. While the opinion was a victory of sorts for the real estate and...more
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 “earnest...more