Most Recent Topics
Arizona Strengthens Property Owner Rights Against Squatters
As lawmakers continue their efforts to strengthen private property rights, Arizona has now enacted another significant measure aimed at protecting homeowners from a different threat: unauthorized occupants, commonly known as squatters.
Arizona’s New Law Targets Title & Deed Fraud
In recent years, artificial intelligence has become more accessible and more powerful. From drafting emails to generating business documents, AI tools can appear to offer a fast and inexpensive solution for complex tasks. It is no surprise that some individuals facing legal disputes are tempted to represent themselves and rely on artificial intelligence to prepare their briefs and court filings.
Hidden Risks of Relying on Artificial Intelligence in Court Filings
In recent years, artificial intelligence has become more accessible and more powerful. From drafting emails to generating business documents, AI tools can appear to offer a fast and inexpensive solution for complex tasks. It is no surprise that some individuals facing legal disputes are tempted to represent themselves and rely on artificial intelligence to prepare their briefs and court filings.
FINCEN – Oh No It’s Back Again – Sort Of
Many of our clients operate their businesses through small, closely held entities in the forms of corporations or limited liability companies. The Federal Corporate Transparency Act (“CTA”), a federal statute designed to prevent smaller companies from being used as vehicles to hide the spoils of illegal activities, launder money, evade taxes, fund terrorism, undermine the US democracy and influence its elections, will become effective January 1, 2024.
‘Tis the Season: Tax Implications of Employee Gifts
Many business owners use the holiday season to express their gratitude to their employees with gifts. Of course, cash gifts and monetary bonuses will always be taxable to an employee and fully deductible as a business expense to the employer, but there are other items which may not be taxable to an employee.
Not Feeling the Neighborly Love?
Have you ever had a nasty neighbor who polluted the air that you breathe or whose dog barked incessantly at all hours of the day and night? Did you call the police but they would not do anything about the annoying neighbor? Maybe the police issued a citation for a city ordinance violation but the problem persisted. If all else fails, there are civil causes of action available to potentially remedy the issue.
Protect Your Business With Trademark and Service Marks
Does your business name or logo have any value to you? Do you want to protect your business name from third parties using either the exact name or logo or a confusingly similar name or logo in their business? If so, you should consider registering your business name or logo as a trademark and/or service mark with either the United States Patent and Trademark Office (“USPTO”) and/or the Arizona Secretary of State to protect them.
The Feds and Your Family Business
Many of our clients operate their businesses through small, closely held entities in the forms of corporations or limited liability companies. The Federal Corporate Transparency Act (“CTA”), a federal statute designed to prevent smaller companies from being used as vehicles to hide the spoils of illegal activities, launder money, evade taxes, fund terrorism, undermine the US democracy and influence its elections, will become effective January 1, 2024.
Easement Rights
Recently, a client spent considerable time and money to improve the road on a property acquired through a tax lien foreclosure in Arizona. A neighbor then blocked his access to the property through an existing road, claiming that there was no access easement across his land. An easement is a right that is created to permit one person to use the land of another for a specific purpose not inconsistent with a general property in the owner. Fortunately, our client investigated the chain of title prior to making the road improvements and knew that they had an express easement across the land.
Beware of Unlicensed Contractors
When a person uses an unlicensed contractor as opposed to a licensed contractor, their options to resolve construction defects or the contractor’s breach are severely limited. However, multiple avenues of remedies are available to resolve the construction dispute with a licensed contractor and potentially to make the homeowner whole.
Can the Government or an HOA Restrict My Home as a Short-Term Rental?
Many people buy investment homes in Arizona wanting to utilize them as a long-term and even short-term vacation rental and offer them for rent through AIRBNB, Tripping.com, FlipkKey, HomeToGo and many other websites. However, before one buys a home to be utilized as a short-term vacation rental, one should investigate to see what restrictions may exist that could prevent them from utilizing the home as a vacation short-term rental.
Maintaining the Corporate Veil and Avoiding Personal Liability
Often owners of real estate park their holdings, especially commercial and investment real estate, in limited liability companies. One of the main reasons people form LLCs is to avoid personal liability for contracts and contractual debts related to their business.
Ways to Protect My Property From Going to Probate
Frequently, realtors contact me because they have a property under contract and are set to close escrow but one of the owners or the owner passed away. The realtor may be in panic mode as they do not want to lose the deal and they ask me what can be done.
Websites: Profits and Pitfalls
Because of the ubiquity of the internet, websites have become an increasingly important marketing tool for any businessperson. The website can advise a potential customer of the goods or services offered and even serve as the means for the customer to buy those goods and services. But the digital nature of the internet facilitates copying and unauthorized use by competitors.
Will You Still Be My Valentine – In Litigation?
Valentine’s Day is approaching and it’s easy to get caught up in the romance of a relationship. However, one of the most dangerous things an unmarried couple can do is buy a home together without any type of written agreement for its disposition if the relationship sours.
All Rights Reserved - Copyright © 2004-2024 Hymson Goldstein Pantiliat & Lohr, PLLC
ARIZONA - 8706 E. Manzanita Drive, Suite 100 Scottsdale, AZ 85258 Phone 480-991-9077 Fax 480-443-8854
NEW YORK - 525 Chestnut Street, Suite 203 Cedarhurst, NY 11516 Phone 516-596-8366 Fax 480-443-8854