Phoenix Real Estate Law Blog

Does a buyer lose their deposit if they back out?

On behalf of Faith, Ledyard & Faith, PLC posted in Real Estate Transactions on Monday, November 11, 2019.

You're going to buy a new home. You find the one that you want, make an offer, and put down a deposit. Weeks or even months go by, as you draw nearer to closing, and then you decide to back out of the purchase. Can you get your deposit back or do you lose it?

It depends. Generally speaking, almost all contracts that buyers and sellers sign have some contingencies. For instance, the contract may state that the deal is contingent on the home inspection; if the home passes, then the buyer has to complete the sale, but they don't have to buy if it fails. Another common contingency is on getting the mortgage loan; if the lender denies the loan, the buyer does not have any obligation to purchase the now-unaffordable home.

Motorcycle helmet use has increased again

On behalf of Faith, Ledyard & Faith, PLC posted in motorcycle accidents on Monday, November 11, 2019.

For a time, motorcycle helmet use was on the decline. People may have understood the dangers of riding without a helmet -- it is the single most important piece of safety gear you can wear -- but they liked the comfort and freedom of riding without one. Helmets are not mandatory in every state, so people did not always choose to wear them.

However, recent stats show that the trend seems to have reversed. More people are wearing helmets again. Here are the statistics from the Insurance Information Institute:

Year 2000: 71% helmet use.
Year 2005: 48% helmet use.
Year 2010: 54% helmet use.
Year 2012: 60% helmet use.
Year 2013: 60% helmet use.
Year 2014: 65% helmet use.
Year 2015: 61% helmet use.
Year 2016: 65% helmet use.
Year 2017: 65% helmet use.
Year 2018: 71% helmet use.

When a property owner is responsible for a dangerous condition

On behalf of Faith, Ledyard & Faith, PLC posted in Premises Liability on Thursday, November 7, 2019.

Many premises liability cases revolve around a dangerous condition that causes an accident. It could be something like a wet floor that leads to a slip-and-fall accident or a broken stairway railing that causes someone to fall down the stairs.

However, just because the condition existed does not always mean that the owner was responsible. There are three main things to consider. They will be responsible if:

They actually created that dangerous condition in the first place.
They knew that the condition was there but did not correct it, either through willful inaction or negligence.
They claim not to have known the condition existed, but it had been there for so long that they should have found out about it and made the necessary changes prior to the accident.

Interesting implications of traffic congestion and accidents

On behalf of Faith, Ledyard & Faith, PLC posted in Motor Vehicle Accidents on Wednesday, November 6, 2019.

When you drive at rush hour, with a lot of traffic congestion, it's easy to imagine that this time of day leads to a significant increase in car accidents. Do the studies back this up?

Some do, and you need to be aware of that risk. Simply having so many people on the road makes accidents more likely. This is compounded by the fact that people are often rushing and may drive recklessly or dangerously as a result.

Young people, vehicle crashes and spinal cord injuries

On behalf of Faith, Ledyard & Faith, PLC on Monday, November 4, 2019.

There are many causes of spinal cord injuries, but the most common is a motor vehicle crash; a young person is often the victim.

There are two kinds of spinal cord injuries, and immediate treatment is essential for both. If you should suffer such an injury, what are your expectations for recovery?

Challenges a family business faces

On behalf of Faith, Ledyard & Faith, PLC posted in estate administration & probate on Thursday, October 31, 2019.

Estate planning for those with a family business can get complicated. The failure rates for these businesses are very high. They face a lot of potential issues that other companies do not have, and yet, they are also significant assets that may make up most of a person's overall estate.

In doing your estate planning and succession planning, you may want to consider some potential trouble spots, including:

People may have a stronger emotional investment and find it harder to make business decisions.
When business decisions are made, they impact family members, sometimes in negative ways.
Some family members may be more successful or may work harder than others.
Events that are typically just family-oriented, like getting divorced or starting a second marriage, can have an impact on the company as well.
Siblings may have a hard time working together or agreeing on who is in charge.
The "dark" personality traits that often work so well in business tend to be difficult for family relationships.

Accident in Phoenix may have saved family's life

On behalf of Faith, Ledyard & Faith, PLC posted in Motor Vehicle Accidents on Wednesday, October 30, 2019.

In one of the stranger accidents you will ever see, a family may have been spared serious injuries or death because of a car crash that took place at an intersection.

In a video of the crash, you can see that the intersection has a red light. The family -- adults pushing a stroller -- starts to cross the street running perpendicular to the road, as they are allowed to do. While they are in the road, however, a car moving at a high rate of speed runs the red light and heads straight for them.

What is a sportsbike?

On behalf of Faith, Ledyard & Faith, PLC posted in motorcycle accidents on Tuesday, October 22, 2019.

Not all motorcycles are created equal. You have a lot of different divisions these days. Some are touring bikes, made for long distances. Others are dirt bikes, made for off-road adventures. You also have beginner bikes, sportsbikes, three-wheeled motorcycles and a lot more.

If you're thinking about riding, the first thing you need to do is to identify the type of bike that is right for you. Not all types are listed above, naturally, but let's take a quick look at what sportsbikes are and why people like them.

Officials still looking at deadly self-driving car accident

On behalf of Faith, Ledyard & Faith, PLC posted in Motor Vehicle Accidents on Monday, October 21, 2019.

A self-driving car got involved in a deadly accident back in March of last year, and officials with the National Transportation Safety Board (NTSB) are still investigating the case. This is the first such fatal accident and, with self-driving technology likely the future of modern transportation, they want to leave no stone unturned.

The deadly crash happened in Tempe. A woman was walking in the dark, attempting to cross the road. An Uber vehicle ran into her, and she died from her injuries.

Your attitude matters with safe motorcycle riding

On behalf of Faith, Ledyard & Faith, PLC posted in motorcycle accidents on Monday, October 14, 2019.

One of the best things any new motorcyclist can learn is that they need to have the right mindset and attitude to become a safe rider. You can think about safety systems and tools -- everything from ABS braking systems to advanced motorcycle helmets -- but the wrong mindset can still put you at risk.

For instance, experts note that you need to be self-disciplined. You need to work hard at learning this new skill and practicing what you learn. Do not assume that you can just jump on the bike and ride perfectly your first time out. True safety comes when you master all of the little steps in the right order.