November 2023 Newsletter

What Are Liquidated Damages Provisions

In Real Estate Contracts?


Liquidated damages provisions are common in many contracts, including real estate contracts. When you need assistance drafting, interpreting, or enforcing a liquidated damages clause in a real estate contract, an Arizona realtor lawyer can help. An Arizona real estate attorney at Provident Law® also can represent your interests in other types of legal matters affecting your Arizona real estate transaction that may arise. 

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Laying Down The Law

with

Christopher J. Charles, Esq.

Fraudulent Misrepresentation

Real estate and business deals always carry some risk, even when you know the parties involved and have dealt with them before. Fraudulent misrepresentation can happen at any time in any real estate or business transaction. Essentially, a claim for fraudulent misrepresentation occurs when one party makes certain representations or promises, and you find out later that those representations were not true. These fraudulent deals inevitably leave you with losses, which are often significant, that you did not anticipate.

 

We have a long history of handling real estate and commercial litigation cases and representing property owners and small business owners in various industries. An Arizona commercial lawyer at Provident Law® can advise you of your legal rights if you have fallen victim to fraudulent misrepresentation. Together, we can explore the legal options available to you, determine the best strategy for addressing the fraud that has occurred, and work to minimize the potential losses to you and your business.


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Defining Material Breach of a Commercial Lease

Commercial leases contain countless provisions, including those pertaining to a material breach, and often are in effect for years. As a result, one or both parties may breach or violate one or more of those lease provisions at some point or another during the lease term.


Of course, breaching a lease or any contract can have adverse consequences. However, not every commercial real estate lease breach is material or rises to the level that an eviction or other type of legal action is necessary.


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