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Shanks Leonhardt

Shanks Leonhardt’s Answers

12 total


  • Can I cancel a contract with a credit card processors after a week?

    I signed a contract with a new credit card processor and they lied to me about the fees and have still not got us up and running on all terminals. Is there anything I can do to cancel without paying an early termination fee?

    Shanks’s Answer

    As the prior entry states, you need to have an attorney review the contract and facts to evaluate your options, which could include terminating the contract based on a breach or rescinding the contract based on a material misrepresentation. As for the termination options, some contracts may specifically state that you cannot terminate the agreement without providing notice to the other party and a reasonable opportunity to cure. Further, the right to terminate a contract under common law is typically determined by whether the breach is “material.” Determining the “materiality” of a breach is usually a fact-specific inquiry based on the nature of the transaction at issue. Material breaches are typically those that demonstrate a party's unwillingness to perform under the contract and/or breaches that cannot be remedied through damages alone.

    As to the rescission option, this may be the better strategy if you can show you were induced into the agreement based on a false price term and that you would not have entered the agreement had you known the actual price.

    Good luck.

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  • I need an arizona attorney that handles serious mold sickness issues.

    I had a flood last year. The water cleanup company and the insurance company were negligent. The flood company left water in the carpet and set up there equipment an extra long time to get the humidity and water out of the air. The insurance co...

    Shanks’s Answer

    Whether you have valid claims against your contractor or the insurance company will depend on the specific facts of your case--both the nature of the underlying water loss and the subsequent actions taken by the contract and insurer. Your description above references the flood incident occurring last year. You should contact an Arizona attorney immediately to discuss your case, especially if the flood and/or other actions occurred early last year. Arizona has a two-year statute of limitations for negligence claims, which means your claims could be barred if you do not take the appropriate action before the expiration of the statute of limitations.

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  • Hi, If an insurance co. opts not to pay on a claim because the driver was not covered under the policy. Who would be held liable

    The policy holder or the driver?

    Shanks’s Answer

    I will assume, based on the limited information you provided, that you are dealing with a situation where an at-fault driver was not the owner of the vehicle he or she was driving at the time of the accident. Your question touches on two issues: (1) liability for an accident; and (2) insurance coverage for an accident. As to the first issue, if the driver was negligent, then he or she can be found be liable regardless of the existence of insurance coverage. Likewise, if there are facts suggesting the owner of the vehicle negligently entrusted the vehicle to the at-fault driver, then the owner may also be found liable regardless of any insurance coverage. If the driver and owner contest liability, then this would have to be established through a lawsuit.

    The second issue of insurance coverage is related to liability but it is a distinct issue. Again, assuming that you are dealing with a situation where an at-fault driver was not the owner of the vehicle he or she was driving at the time of the accident, then there are at least two potential policies that could provide coverage: (1) the owners' policy; and (2) the driver's policy. Further, in the event neither of these policies provides sufficient coverage, a party injured in an accident can also make a claim to their own insurance policy if that person has underinsured or uninsured motorists' coverage. I recommend that you contact a local attorney if you were involved in a motor vehicle accident and require legal assistance.

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  • I was told I had control over what my book would sell for by a vanity press outfit. but now the company says I have no control.

    an online store is charging double what Amazon charges. I want control over the price of my book as I am not getting any commission but the agreed upon commission of $1.43 per sale. when I contacted my press they said that B&N can charge whatever ...

    Shanks’s Answer

    • Selected as best answer

    Without reviewing your contract, it is impossible to tell what rights you have and what remedies may be available to you to enforce those rights. For example, your contract may prohibit you from filing suit and, instead, require you to present any disputes to an arbitrator. If you believe your rights are being violated, you should speak with an attorney and have the attorney review your contract to advise you of your options. Generally speaking, if your claim is strong, you may be able to resolve the issue through a simple letter from an attorney, which hopefully should not be too cost prohibitive.

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  • I need an attorney who specializes in insurance claims due to substantial damage done to a condo caused by a broken ice-maker.

    Having problems with the insurance company policy and the way the flooding was handled from the getgo. I was out of town at the time.

    Shanks’s Answer

    All of the previous responses are good suggestions. Spend some time and do a little research via the internet. Our firm also routinely handles insurance matters, including issues involving first-party claims. If you would like to get more information about our firm, feel free to check out our website at www.sandersparks.com or call (602) 532-5677.

    Based on the limited information you provided, I cannot say whether we would be able to handle your claim, but if we cannot assist you, we may be able to provide you with referrals to other firms who may be able to assist you. Good luck.

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  • Can I fight my storage unit company for not honoring an written agreement?

    Several months ago I had a price match arrangement and now the company is refusing to honor the agreement. It is written in an email and backed up on invoices. Do I have a way to fight them to honor what they agreed to?

    Shanks’s Answer

    It is difficult to answer your question based on the limited information you have provided. I would assume that you have a written lease agreement with the storage company setting forth the terms of your agreement, including the monthly fee for a storage unit. Based on your statements here, it sounds like you may have made a separate agreement through a combination of oral and email communications for a reduction in price that the storage company honored for a while but has now refused to honor. The terms of your original written lease agreement would likely control whether the second oral/email agreement is binding. Many of these formal agreements will contain a clause that does not allow modification of terms unless done through another written agreement signed by the parties. An email likely will not qualify as a new written and signed agreement.

    But, even if the original lease agreement does not allow modification by an email agreement, you may still be able to enforce the email agreement if you can show the storage company provided you a discounted rate for a lengthy period of time--in essence ratifying the new arrangement despite the terms of the original agreement. Of course, if they refuse this argument, your only recourse would be to pursue legal action, which can be costly and time-consuming.

    I suggest speaking to an attorney if you really feel like this is something you would like to pursue further. Alternatively, maybe it is simply time to take your business elsewhere if your current storage company is not keeping its word.

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  • I live in Arizona and need information for time period I have to file lawsuit in the superior court regarding written contract.

    I have a written contract with a finance company and need to know the amount of time I have to file a suit against them for contract breach. I have been told 2yrs, I've been told as many as 5 or 6 years too. Can anyone clear this up for me please....

    Shanks’s Answer

    • Selected as best answer

    For your reference, the Arizona statute setting forth the six-year statute of limitations for bringing a claim for breach of a written contract is Arizona Revised Statute Section 12-548.

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  • If an insurance company denies a damage claim can they still consider it as a mark against your policy?

    Claim was for water damage and was denied because the cause was a broken drain and vent pipe inside a wall, not a pressure pipe.

    Shanks’s Answer

    Based on the limited information you provided, it appears you presented a claim to your homeowners' insurance carrier for water damage caused by a water leak. You indicate that your insurance carrier denied your claim. You may want to have an attorney review your insurance policy and your insurance carrier's denial to ensure that your insurance carrier has properly denied coverage for the loss.

    As to your question, it sounds like you are asking whether your filing of a claim--alone--will impact your policy rates going forward. This is difficult to answer. Insurance carriers typically calculate your policy rates based on a variety of factors, including the risk (or possibility) that you may suffer a loss. Different insurance carriers use different factors to determine your rates. The frequency with which you file insurance claims--regardless of whether they are accepted or denied--may be a factor your insurance carrier uses in evaluating your risk and setting your rates. The best and quickest way to get information about your specific policy is to contact your insurance carrier and/or your insurance agent.

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  • Can an insurance agency collect on a policy and refuse to provide proof of the policy ?

    I am an LLC, I paid a down payment and two monthly payments for my policy which is needed to work and the insurance broker refuses to provide my contractor with proof of insurance. I can not work without this proof and am at risk of losing the con...

    Shanks’s Answer

    More information is needed to fully evaluate your question. If you purchased an insurance policy through your broker and you are current on your premiums, your insurance broker should provide you with a proof of insurance form. These are generally one-page forms that brokers use containing your insurance information. Brokers should (and routinely do) provide such proof of insurance forms upon your request, including to banks, general contractors, and others--depending on the type of policy.

    However, your reference to "problems with underwriting" makes it sound like the insurance company may have refused to accept your application for insurance. If this is the case, then it would explain why the broker cannot provide you with a proof of insurance form--because you have no valid insurance policy in place. You should immediately confirm whether you have a policy in effect. If not, you certainly should not be paying premiums and you may be entitled to a refund of any premiums paid during the insurance application process.

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  • Can you please help me decide if my case involves diversity issues - whether to file in state court or federal?

    I live in Arizona and I'm suing Bank of America (actually a subsidiary) for breach of contract; breach of the implied covenant of good faith and fair dealing; promissory estoppel; and negligent infliction of emotional distress. I might also move ...

    Shanks’s Answer

    • Selected as best answer

    Jurisdictional issues are often complicated, time sensitive, and contain a variety of nuances depending on the specific facts of each case. Thus, it is always best to consult an attorney when faced with these issues. However, as I understand your question, you are inquiring whether there is any law or rule precluding you from filing your complaint in state court against Bank of America for various contract and tort claims. Under the facts you have proposed, there is nothing preventing you from filing in state court. Arizona state court is a court of "general jurisdiction"—meaning it can hear, among other things, pretty much any contract and tort claims filed by Arizona residents (with a few exceptions that probably are not applicable to your fact pattern).

    After you file your complaint, Bank of America may have grounds to "remove" the case to federal court on the basis of diversity jurisdiction. Federal law grants this right to certain defendants that are sued in state court when they can meet the requirements for removal. In a situation like the one you have proposed, Bank of America would be entitled to remove the case to federal court within 30 days after you serve the complaint if it can show there is diversity jurisdiction. In short, this would require Bank of America to show: (1) it is not a citizen of Arizona (i.e., it is not an Arizona corporation and its principal place of business in not in Arizona); and (2) the amount you are seeking against Bank of America is more likely than not in excess of $75,000. You did not mention the possibility of any other defendants, but if there are other defendants who are residents or citizens of Arizona, this may preclude Bank of America’s from removing the case.

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