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: Luke Mecklenburg
Last year, I posted regarding the Colorado Court of Appeals’ decision in Woodbridge II, which concluded that the “adverse use” element for prescriptive easement claims only requires the claimant to “show a nonpermissive or otherwise unauthorized…
By: Ben Reeves
Courts overseeing receivers generally enjoy broad discretion in directing and approving a receiver’s proposed actions. But does that authority extend to a receiver not only granting a super-priority lien ahead of existing liens, but also selling the…
By: Amanda Z. Weaver
For the first time in nearly twenty years, the Arizona Court of Appeals last week weighed in on Arizona’s equine activity liability statute, finding that a form signed by participants before a trail ride did not…
By: Kevin J. Parker
In a recent Arizona Court of Appeals case, Zambrano v. M & RC II LLC, 2021 WL 3204491 (7/29/2021), the Court of Appeals addressed the question whether a home builder’s attempt to disclaim implied warranties of…
On May 27, 2021, a division of the Colorado Court of Appeals issued its opinion in Amada Family Limited Partnership v. Pomeroy, 2021 COA 73. In that case, the court decided two significant issues that apparently had never been expressly…
By: Tony Carucci
California Civil Code section 1717 entitles the prevailing party to attorneys’ fees “[i]n any action on a contract,” where the contract provides for an award of attorneys’ fees to the prevailing party, regardless of whether the prevailing…
By: David Rao
Although it’s been a tough twelve months for many live music venues, movie theaters, and performing arts organizations, help may finally be around the corner. On December 27, 2020, the Economic Aid to Hard-Hit Small Businesses, Nonprofits,…
By Patrick Paul
On January 5, 2021, Governor Ducey announced the allocation of $2 million in additional funding to assist local restaurants and other dining establishments expand outdoor dining, protect patrons and staff, and limit the spread of COVID-19.
Consistent…
By: Kevin J. Parker
https://www.swlaw.com/people/kevin_parker
In re Brace, 470 P.3d 15 (Cal. 2020), a California married couple acquired real property with community funds, and took title as “husband and wife as joint tenants.” When the husband filed a chapter…
Earlier this year, the Colorado Court of Appeals issued an opinion addressing at length “whether the requirement that the use be ‘adverse’ in the adverse possession context is coextensive with adverse use in the prescriptive easement context.” See Woodbridge Condo.…
