Arizona Real Estate

Arizona Real Estate Litigation: Insights and Strategies

Posted on September 2, 2023 in Arizona Real Estate

Introduction:

Arizona real estate litigation can be complex, involving numerous parties and substantial investments. While many deals proceed smoothly, disputes and conflicts can arise, leading to real estate litigation. In this blog post, we’ll explore the intricacies of real estate litigation in Arizona, providing insights and strategies to help you navigate these challenges effectively.

Understanding Arizona Real Estate Litigation:

Common Disputes: Real estate litigation in Arizona can encompass a wide range of disputes, including boundary disputes, contract disputes, landlord-tenant conflicts, zoning issues, and more. These disputes often require legal intervention to reach a resolution.
Legal Framework: Understanding Arizona’s real estate laws and regulations is fundamental when dealing with litigation. Arizona has its unique legal framework, and it’s essential to have legal counsel well-versed in the state’s real estate laws.

Key Strategies for Success in Real Estate Litigation:

Early Assessment: When a dispute arises, it’s crucial to assess the situation promptly. Engaging legal counsel early can help evaluate the strength of your case and explore potential avenues for resolution, including negotiation and mediation.
Contractual Clarity: Contracts are the backbone of real estate transactions. Ensuring that your contracts are clear, precise, and legally sound can prevent disputes from arising in the first place. If a dispute does occur, a well-drafted contract can be a valuable asset in litigation.
Documentation: Thorough documentation of all real estate transactions and communications is essential. This documentation can serve as crucial evidence in litigation and help establish your position.
Local Expertise: Given the unique aspects of Arizona real estate law, working with legal professionals who have local expertise is invaluable. They understand the nuances of state laws, regulations, and court procedures.

Common Real Estate Litigation Scenarios in Arizona:

Title Disputes: Issues related to property titles, such as conflicting ownership claims or title defects, can lead to litigation.
Boundary Disputes: Disagreements over property boundaries, encroachments, or easements often require legal resolution.
Contract Disputes: Breach of contract claims, disputes over purchase agreements, or lease disagreements can result in litigation.
Zoning and Land Use Conflicts: Challenges related to zoning regulations, land use permits, and variances can lead to legal action.

Conclusion:

Arizona real estate is a complex and multifaceted area of law. Whether you’re a property owner, investor, developer, or tenant, being prepared for potential disputes and understanding the strategies for resolution is crucial. Consulting with experienced real estate litigation attorneys who understand Arizona’s legal landscape can help you protect your interests and achieve favorable outcomes in your real estate disputes.

Contact Bill today by calling 602-319-6899 to ensure your legal needs are conducted with confidence and legal clarity. Some of the issues covered under trial work and business law that our firm regularly handles involve:

Breach of contract, Non-compete agreements, Non-disclosure agreements, Employee theft and embezzlement, Insurance purchases and enforcement of policy coverage, Negotiation and/or enforcement of commercial leases, Negligence and gross negligence resulting in losses, Intentional acts causing a company to suffer damages, Tortious interference with contractual relationships, Unjust enrichment, Real Estate fraud, Consumer fraud, Conversion/Theft, Intentional and/or negligent misrepresentation, Business torts and Real estate title & escrow.

https://azre.gov/laws-rules-policy-statements-and-advisories

FRAUD- It Never Ends-

Posted on June 7, 2022 in Arizona Law Regarding Business and Real Estate

There are many types of fraud. Virtually each type, involves money. Arizona has very good laws if you have been defrauded. Call Bill Miller at 602.319.6899. He has been prosecuting fraud cases for over 34 years.

Taking From The Boss

Partner, employee or subcontractor fraud costs billions per year. It’s the bookkeeper who keeps separate charge cards, the cashier who short changes the customer. Some companies estimate fraud and error losses to average about 4% of organization’s expenses.

Signs of an embezzler engaging in employee theft are clear. Too many visits to the casino. Too many hang overs from the guilt. Too much sucking up to the accountant. It may be someone cheating on their spouse. Just ask simple questions. How does a 75K a year sales man have a brand new 100K Raptor?

Other warning signs of a fraudster in an office may not be particularly intuitive. For example, one of the warning signs could be the office manager who never takes a vacation and who never delegates tasks to subordinates. An employer may view that as a dedicated employee. However, these qualities may be pretext for a nefarious reason, to possibly cover something up and ensure no one finds out. The author’s experience in handling employee theft cases is that the embezzler usually steals to gain wants not needs.

As mentioned before, one does not want to promote distrust within an organization. But, a healthy dose of skepticism is appropriate, and thorough internal controls are critical. Internal controls may be as simple as making certain that the person who prepares checks is different than the person signing the check. Finally, every business should have an indemnity bond or employee defalcation insurance to cover losses attributable to dishonest employees.

Investment Nightmares or Ponzi Schemes

Ponzi schemes may be named after Charles Ponzi, but the first known schemer was William “520 Percent” Miller who in or around 1899 defrauded thousands through the Frankin Syndicate in Brooklyn, New York. A Conman is always nice and friendly. They get you to trust them, them they pounce.

A Ponzi scheme is a scheme and artifice which pays monies to investors from such investor’s own principal investments or from new investors. It is a house of cards which ultimately must fail because a Ponzi scheme is not based on any legitimate business enterprise. It sustains itself solely though new investor money and does not do a thing.

The Madoff case is also a classic example of affinity fraud. Given Madoff’s celebrity and apparent success in the SEC world and Jewish Community, investors from his synagogue, the charities with which he was involved and the socialites in Manhattan were drawn to Madoff’s apparent golden touch on investments. There is more than one church who has had reckless members prey on the vulnerable, all using “church terms” to keep the victim off guard.

We prosecuted the NCFE bond case and that was a billon dollar fraud.

How Much is my Company Worth? Fraud?

Posted on July 12, 2021 in Arizona Law Regarding Business Disputes

World Egg Bank, Inc. v. Nesco Inv., LLC

Our Appeals Court rules that where a minority shareholder dissents from the sale of a corporation, the fair value of those shares is determined at the date of the sale.

A 50% plus owner in a corporation wanted to sell his stock and dissolve a corporation objection of the minority owner. The majority owner sent a demand to the minority owner that said the stock would be sold to his partner. Great! The minority owner proclaimed she did not plan to vote for such a nutty proposal. She demanded money for her shares. At the meeting, the majority owner approved the sale and dissolution with his white-shoe law firm. Yet the closing of the corporation did not occur until six months later when it was valuated and its assets were conveyed to another company through an asset purchase agreement. Say what?

This litigation was whether the date of the shareholder meeting or the date of the valuation and subsequent conveyance/sale should be used to value her shares. The trial court concluded that the shares should be valued at the shareholder meeting (a wait-and-see game & inviting fraud) when the corporation authorized the sale. The Court of Appeals disagreed. So do we.

The Arizona statute defining dissenting shareholders’ rights is pretty clear. Under the statute, a shareholder may “dissent from and obtain payment of the fair value of the shareholder’s shares in the event of . . . consummation of a sale or exchange. . . .” A.R.S. § 10-1302(A)(3). And the statute also provided that the fair value is “the value of the shares immediately before the effectuation of the corporate action.” A.R.S. § 10-1301(4). Reading these provisions together, the Court concluded that the later date should be used to value her shares.

We have said for over 34 years, there are four times when litigations occur in a closely held business: Fraud, divorce, when it makes a bunch of money, or when it loses a bunch of money. If any of the big three here (not divorce) apply to your business or investments, give us a call at 602.319.6899. We can help you!

We also handle, Breach of contract, Non-compete agreements, Non-disclosure agreements, Employee theft and embezzlement, Insurance purchases and enforcement of policy coverage, Negotiation and/or enforcement of commercial leases, Negligence and gross negligence resulting in losses, Intentional acts causing a company to suffer damages, Tortious interference with contractual relationships, Unjust enrichment, Real Estate fraud, Consumer fraud, Conversion/Theft, Intentional and/or negligent misrepresentation, Business torts and Real estate title and escrow.

William A. Miller, PLLC

Arizona Real Estate

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