Dragnet Clauses and Priority
A “Dragnet Clause” in a Deed of Trust is a provision that states that the Deed of Trust secures any and all future debt owed by the borrower to the lender, in addition to whatever debt the Deed of Trust originally secured. The use of the terminology “dragnet” symbolizes that such a clause causes the Deed of Trust to “spread” like a net, so as to “capture” within its … Read More
Reasonable Reliance in Connection with Fraud in the Inducement
If you ask most people what it means to be “fraudulently induced” to enter into a contract, they will likely respond that it means that they were lied to. But while it's true that being told something that is not true is one of the elements of fraud, each of the four following elements must be present, for the non-truthful party to be legally liable for “fraud in the inducement”: (1) … Read More
That's Not Fair: What is Unjust Enrichment
On all of the television court shows, one theme that is pervasive is that the judge, in issuing his or her ruling, attempts to fashion as result that is “fair” to the parties. But as anyone who has first-hand experience, either as an attorney or as a party, with “real life” lawsuits, knows well, it is all too often true that the concept of “fairness” plays no part in the … Read More
Real Estate Easements and Licenses
The legal right to use someone else’s land for some limited purpose usually arises out of the user having either an easement or a license. A very common easement is one used for ingress and egress, meaning the right to travel over someone else’s property to reach one’s own property. Easements can also include such rights as the right to place utilities under someone else’s property, or the … Read More
What is Knowledge?
If you ask somebody whether they “know” something, they will readily tell you either “yes” or “no.” There is no doubt while watching Jeopardy – either you know or you do not know the answer (or actually the question). A person is said to have actual “knowledge” as to a certain fact because they have actual awareness of it; whereas, if they are unaware of it, … Read More
Covenants and Conditions in Contracts
Both real estate professionals and laypersons oftentimes are confused by the differences between covenants and conditions. In its simplest terms, a “covenant” is an agreement to do or to not do something. Covenants are unconditional promises found in contracts, and the failure of a party who makes such an agreement to abide by its terms will entitle the other contracting party to damages for breach of … Read More
15 Jaburg Wilk Attorneys Named to 2019 Best Lawyers® List
PHOENIX, Ariz. (08/15/2018) – Jaburg Wilk is pleased to announce that 15 lawyers have been included in the 2019 Edition of The Best Lawyers in America. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.
"Best Lawyers was founded in 1981 with the purpose of highlighting the extraordinary … Read More
Real Estate Professionals Using Smart Technology Seminar
Laura Rogal joins a panel of experts discussing how real estate professionals can use smart technology. They will be addressing the use of technology to advertise while remaining compliant with Fair Housing rules and regulations. Additionally, they will discuss how proprietary information and data needs to be protected.
What: The Industry Revolution: Smart Technology, Big Data, Drones & … Read More
Beth Cohn: Speaker for AZ Crew Luncheon
Beth Cohn will discuss on "How the New Tax Law Impacts Real Estate Deals and Even Your Paycheck!"
What: Beth Cohn and Sandy Abalos will discuss the new tax law and their impact on real estate transactions including 1031 Like-Kind Exchanges, new partnership audit rules, reduced or elimination of travel and entertainment expenses, new 20% deduction for pass-through entities, estate planning … Read More
The Implied Covenant of Good Faith and Fair Dealing
Anybody who has ever had a child has heard the refrain “but that’s NOT FAIR.” While the concept of “fairness” plays a big role in how the world should operate in the minds of children, there is sometimes a disconnect between “fairness” and the “justice” that is doled out by the legal system. One notable exception is the application by the … Read More