Legal Update
Three Strikes, You’re Out: Short-Term Rental Violations Matter
By: Christopher J. Charles, Esq
Arizona’s legislature is making sure the party doesn’t go on too late and doesn’t get too loud. Governor Ducey has signed into law Senate Bill 1168, codified at A.R.S. § 9-500.39, as amended, which grants Arizona cities the right to implement certain restrictions on short-term rental properties, including a progressive “three-strike” regulatory scheme with increasing penalties for repeat violators. It is important to note, however, that Senate Bill 1168 is not a regulatory statute unto itself—it is instead a grant of power to Arizona cities to implement certain restrictions if the cities deem the regulations beneficial for their communities. Each city may or may not choose to enact regulations consistent with the bill to regulate their community.
What Happens if a Seller Doesn't Disclose Something about Real Estate Before Closing?
By: Christopher J. Charles, Esq.
When you purchase real estate, you expect the seller to be upfront with you about its condition. After all, you want to be sure about the property’s condition before making such a major purchase. However, when a seller doesn’t properly disclose some problem or defect with the release estate before you buy it, you may have a legal cause of action against the seller. If you are in this situation, an Arizona real estate lawyer may be able to help.
Trying to Hide the Ball: Arizona’s Fraudulent Transfer Act
By: Timothy J. Watson, Esq.
In Arizona, certain transactions are voidable when they are made to evade creditors. The Arizona Fraudulent Transfer Act (the “Act”), found at A.R.S. § 44-1001 et seq., provides strict guidelines concerning transactions made by a debtor before or after incurring a debt with a creditor. The Act is intended to ensure the fair treatment of creditors and prohibit the evasion of creditors through “sham” transactions or creative accounting. Few statutes have caused as much confusion, and often times litigation, as the Act. Creditors with claims both large and small should be aware of the Act’s provisions to ensure that they know what transactions are permitted and which are voidable. The Act can be an important tool for creditors and an important consideration for debtors in a collection lawsuit.
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