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Buyers’ Real Estate Agents Obliged to Tell Sellers of Foreseeable Risks On December 13, 2000, the Arizona Supreme Court ruled that a buyer’s real estate agent may be liable for failing to inform the seller that the buyer might be unable to make all the payments because of financial difficulties. [Lombardo v. Albu, 14 P.3d […]
Early case law describes property rights like a bundle of sticks. Each stick represents a different right that can include the right of ownership, of possession, of use, the right to collect rents, the right to income produced by the land, etc. Easements generally concern only one of those sticks – the right of use […]
“In civilized life, law floats in a sea of ethics.” Former US Supreme Court Chief Justice Earl Warren From university honor codes, to employee conduct manuals, to personal religious beliefs, most individuals have a set of ethical rules which they follow, and by which they live their lives. Although enforcement of ethical rules by private […]
The internet has changed the world. Electronic communication is now possible around the globe–around the clock. Letters, pictures, documents and messages can now be sent instantly, and in many cases can be sent and received whether you are sitting at your desk or not. With increased conveniences, however, come some potential pitfalls. In the legal […]
A professional race car driver named Charles Phelps signed both a “Release and Covenant Not to Sue” and a “Release and Waiver of Liability Assumption of the Risk and Indemnity Agreement” before entering a race at Firebird Raceway in Chandler, Arizona. During the race, Phelps’ vehicle crashed and erupted into flames. He suffered serious burns […]
Your employer just filed for bankruptcy? Now what happens? You have been assured that your job is safe, but what will happen to your health and pension benefits? These are all substantial issues that can dramatically change a family’s financial security, and significantly impact plans for retirement. As more and more businesses approach and enter […]
A client causes serious injury to another. That client’s insurance is insufficient to cover the damages that may be awarded against him. What may counsel for the under-insured client do without exposing himself to civil liability, violating criminal statutes or betraying the rules of professional responsibility? ARIZONA EXEMPTION LAW The initial issue is whether the […]
Frederick J. Petersen is a commercial lawyer focused in commercial bankruptcy, business restructures, commercial transactions, commercial litigation and real estate. Fred joined Mesch Clark Rothschild in 1998 as a law clerk while attending the University of Arizona College of Law. He became an associate in 1999 and became a shareholder in 2005. Fred was the […]
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