Brandon Kavanagh’s Answers

Brandon Kavanagh

Flagstaff Real Estate Attorney.

Contributor Level 12
  1. DOES A LAWYER HAVE TO BE LICENSED IN EACH STATE IN ORDER TO PRATICE THERE?

    Answered over 2 years ago.

    1. Brandon Kavanagh
    2. Anne Brady
    3. J. Garry Rooney
    4. Brian S Wayson
    5. Nicholas Bernard Proy
    5 lawyer answers

    In addition to the path described by the other posting attorney, Wisconsin counsel could also jointly represent a client with Arizona-licensed counsel. It would then be the Arizona-licensed counsel's responsibility to supervise the practice of law in Arizona.

    8 lawyers agreed with this answer

  2. A retail lease I am considering signing lists- my name first, Dba: my business name. We are incorporated so how should it read?

    Answered about 3 years ago.

    1. Frank Wei-Hong Chen
    2. Kenneth Allyn Sprang
    3. Brandon Kavanagh
    4. Scott Wesley Williams
    5. Bruce Allan Wilson
    5 lawyer answers

    You need to get the lease corrected to say that the tenant is "A1 Jewelry, Inc., a California corporation" and the signature line needs to show your position with the company next to your name with the name of the company either above the signature line or right below it. As the other posters have said, signing in your personal name d/b/a A1 Jewelry will open you up to personal liability. Mr. Chen pointed out that you may still have to sign a personal guaranty, which is generally the...

    9 lawyers agreed with this answer

  3. Mailboxes in condo have been broken for over a week. Post office won't deliver until fixed and HOA is just giving excuses Help

    Answered almost 2 years ago.

    1. Brandon Kavanagh
    2. Celia R Reed
    3. Cheryl Rivera Smith
    3 lawyer answers

    I agree with the other posting attorneys. What is going on here is that you do still have mail service, just not the convenient mail service you expected. That is why you then need to look at your CC&Rs to see what obligations have been expressly set out for the Association to provide mail receptacles. If there is language, you would then be looking at recovering your expenses from a breach of contract approach (which is fairly important since it would likely also include recovery of...

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  4. We are selling our home due to excessive wood burning in the neighborhood, what are we required to divulge to prospect buyers?

    Answered over 1 year ago.

    1. Brandon Kavanagh
    2. Steven Roger Rensch
    3. Celia R Reed
    3 lawyer answers

    I agree with the other two attorneys about disclosing through the SPDS. You also must not make any false or misleading statements in person. In other words, if someone asks you directly about the smoke, do not lie or make a misleading statement. You also should look into whether or not you have a nuisance claim against your neighbors as the value of your home in a sale will be decreased if buyers are aware of the smoke issues. Finally, you need to understand that all of the advice given is...

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  5. What Happens When A Corporation Refuses To Pay A Civil Judgment?

    Answered about 1 year ago.

    1. Douglas Garth Edmunds
    2. Brandon Kavanagh
    3. Baback Kouretchian
    3 lawyer answers

    I agree with the other posting attorneys. You might want to contact a private investigator that is experienced in doing asset searches. I have one that I work with for collections matters and he does a $500 base asset check and then he can do add ons for bank searches, brokerage searches, etc. I do this rather than spending time in a debtor's exam because I do not have to worry about the person across the table from me lying and it is far less expensive for my client than the hourly rate to...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. In a AZ real estate transaction does the buyer ready to close have recourse against a seller who fails to produce a clear title?

    Answered over 1 year ago.

    1. Brandon Kavanagh
    2. Celia R Reed
    3. Cheryl Rivera Smith
    3 lawyer answers

    The question about having recourse depends on what you want to have occur. If you want out of the sale, then that would be your method of recourse for a seller unable to provide clear title. If you want to force the sale of the property, then we need to determine whether you can get clear title because of the prior lien. We do not know from your facts what liens the seller has on the property, such as a construction loan lien to build the new house, to determine how much of the purchase...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Do I need a real estate lawyer?

    Answered over 2 years ago.

    1. Brandon Kavanagh
    2. James R. Andrews II
    3. M. Todd Miller
    3 lawyer answers

    You do need a real estate attorney to evaluate your specific facts and the history of the fenced in area. Since you just bought the property, if you are going to pursue adverse possession, you will need to have proof of the last 10 years of use of the area. Since it is a "repo", by which I think you mean a foreclosure, you may not have much cooperation from the immediately prior owner(s) being the bank and the person foreclosed upon. You might be able to get proof of when the fence was put...

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  8. What are all the tax & regulatory filings does a residential real estate LLC have to file in Maricopa County Arizona?

    Answered over 1 year ago.

    1. Brandon Kavanagh
    1 lawyer answer

    I would say that your question is too broad for the facts you have offered. You should sit down with a real estate/business attorney with a tax background and discuss just what your LLC will be doing. Are you buying and holding residential real estate? Will the LLC be a landlord? Are you going to hire a management company that might take on many of the issues that you might otherwise need to file to handle? Will you be the only member? If you will have other members, how will you choose...

    4 lawyers agreed with this answer

  9. On death of spouse in community property state does home automatically go to spouse

    Answered about 2 years ago.

    1. Brandon Kavanagh
    2. Steven W Zachary
    3. Hamid Jabbar
    3 lawyer answers

    The spouse needs to sit down with a real estate attorney with an estate/probate background to examine how title to the the house is held now and what other pre-death planning is appropriate. Copies of any existing wills will also be potentially necessary, depending upon how the house is titled. In other words, the way the house is titled may impact whether or not community property issues are even relevant to the discussion. Let us know if we can be of assistance.

    4 lawyers agreed with this answer

  10. Can the Owner of Residential Coded Land Lock Property with Right of Necessity Easement transfer it to Commercial Company?

    Answered about 2 years ago.

    1. Matthew M Ellingson
    2. Brandon Kavanagh
    3. Ryan Vancil Esq
    3 lawyer answers

    I agree with the other posting attorney about this not being a good forum to answer this question. I would also note that necessity has generally been limited to access. Utilities are not a function of access to land but are instead more of a function of ability to improve land.

    4 lawyers agreed with this answer