The Real Estate Litigation Blog, published by Snell & Wilmer, focuses on legal issues related to real estate disputes and transactions. It covers topics such as landlord-tenant conflicts, commercial lease enforcement, implied warranties in home construction, liquidated damages in real estate contracts, and judgment liens on homestead properties. The blog discusses relevant case law, statutory interpretations, and best practices for handling real estate litigation matters. It also addresses regulatory and policy developments affecting real estate agents, buyers, sellers, landlords, and tenants, providing guidance on navigating complex legal challenges in residential and commercial real estate contexts.
By: Ben Reeves
The National Association of Realtors (NAR) has been the subject of several recent lawsuits alleging anticompetitive conduct. In a nutshell, the allegations are that agents restrict the flow of information regarding homes for sale, and leverage that…
By: Patrick Tighe
If a tenant defaults under a commercial lease, Arizona law permits the landlord to re-take possession of the premises by locking out the defaulting tenant. However, if the landlord’s lockout is wrongful, the landlord may be liable…
By: Robert A. Henry and Emily R. Parker
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 guidance…
Liquidated damages provisions in commercial and residential real estate contracts play a vital role when a transaction goes south, and should be given careful consideration when negotiating a real estate contract. Liquidated damages may be referred to…
By: Ben Reeves
The Arizona Supreme Court recently clarified that a judgment lien does, in fact, attach to the proceeds of the sale of a homestead property. See In re McLauchlan. In sum, if the sale of a home…
Our clients probably spend significant time, money and effort refining and updating their contract provisions covering indemnification and the duty to defend claims arising on their projects. But they should also consider spending an appropriate and adequate…
By: Ben Reeves
Recent research I did on a case led me to the conclusion that Arizona law recognizes foreign litigation (i.e., a lawsuit filed outside of Arizona) as a justification for the recording of a lis pendens against real…
By: Ben Reeves
Recent research I did on a case led me to the conclusion that Arizona law recognizes foreign litigation (i.e., a lawsuit filed outside of Arizona) as a justification for the recording of a lis pendens against real…
By: Ben Reeves
Over the last few years, the Arizona Court of Appeals wrestled with the question of who should receive the excess proceeds from a foreclosure sale. We’ve blogged about some these past unreported decisions here and here. …
Welcome to 2022! This year, the construction industry will undoubtedly reflect on the last two years as unprecedented times plagued by construction project delays. The COVID-19 pandemic contributed to suspension of work and closure of construction projects…
