The majority of businesses rely on contract validity and the ability to enforce them in case of misunderstandings, disagreements or disputes. Careful drafting of a contract is an important first step when entering a business relationship because it can avoid problems and negative economic impact in the future for the parties involved. At Schern Richardson Finter we work with our clients to help them resolve their contract disputes as expeditiously as possible utilizing our skills as negotiators and litigators. Our business system is built on contracts and sometimes the parties cannot reach agreement on their own when disputes arise, making it important to have legal representation. We represent the best interests of our clients while attempting to resolve their contract disputes as quickly and fairly as possible. Our attorneys are knowledgeable in all areas of real estate law and disputes that can arise such as those involving commission disputes, boundary disputes, eminent domain, land use, title & interest disputes, and more.
Parties who engage in business transactions rely on the drafting and implementation of contracts and the ability to enforce and defend them in case a dispute arises. When a party fails to uphold their obligations, a disagreement occurs, or other action that breaks the contract terms then there is a breach of contract. In dispute between buyers / sellers, landlords / tenants, or other like contract disagreements, it is important to seek legal advice to protect your position and resolution of the situation. When parties cannot reach agreement, then the case may go the litigation route where courts make the decisions for them.
Arizona law requires that the judge review the language of a contract when the parties are in dispute. Taking into consideration the evidence presented in court, the judge would decide whether the language is "reliably susceptible" to interpretation. If the judge determines that it is then the case would proceed with the evidence deemed admissible and it would be presented to the jury to determine the meaning of the language. There are rules in Arizona law that deal with limits to damages involving certain professional licenses. The amount of the contract is usually the limit to the damages or in other words, it limits the liability to the amount of fees in the contract. If no physical injury to other people or property occurred, then a plaintiff is normally limited to only economic loss per the Economic Loss Rule.
The types of contract disputes that are common can include the following:
Disagreements can arise that involve developers, property owners/sellers, property buyers, realtors, contractors and developers. Our firm helps client resolve their disputes in sale/purchase of commercial and residential real estate, as well as all other types of real estate contract matters. We understand that real estate transactions can be emotional for many people as it usually entails a large amount of money transacted and it may be the largest amount that a person will make in his or her lifetime.
Our firm handles all legal aspects in real estate transactions and help clients resolve situations if problems should occur. We can help with the areas of personal guaranty or loan deficiency, and developer liability issues. We are knowledgeable in matters concerning contractor and subcontractor disputes.
An attorney can often help parties resolve their differences whether it involves real estate transactions or other breaches of contract. We utilize alternative dispute resolution (ADR), arbitration and litigation to get results for our clients.
Call Schern Richardson Finter if you need help with a contract dispute.
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