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Tempe Arizona Business Law Blog

Essential terms for your business contract

You need to be careful, thoughtful, detail oriented and diligent, so you arrive at the right terms for the contract. You’re going into business, and as such, you’re relying on suppliers and partners to operate in your best interests. That’s why a comprehensive contract is so vital.

An entrepreneur or sales-oriented business leader can get so excited about the concept, product or service that he or she loses track of the necessary details for operating a sound business. Therefore, you need to include all the important details and relevant language in the contract. Otherwise the contract is not enforceable, and the business is at risk.

Mechanic's liens in Arizona: Why they work

If you're in construction, sooner or later you're bound to encounter someone who doesn't want to pay up after a job is done. A mechanic's lien can come to your rescue.

Mechanic's liens essentially allow you to place a hold on the property. Once properly filed and recorded, the property cannot be refinanced, used to secure a loan, sold or transferred until the lien is paid or otherwise removed.

3 mistakes you don't want to make when buying a business

Small businesses come up for sale all the time -- and they can be attractive to people who have an entrepreneur's spirit but don't necessarily want to go through the hassle of starting a business from scratch.

Before you bite on that attractive offer, however, make sure that you aren't making any of these mistakes:

Stigmatized property: What you should know before you sell

If you're selling a home, you're likely conscious of the fact that you need to disclose any known defects to potential buyers. However, some defects involve more than plumbing issues or leaky roofs. Some properties are considered "stigmatized" for reasons that are disturbing and unique.

What's a stigmatized property?

What kind of remedy can you get for a breach of contract?

Contracts are important in all kinds of business situations -- whether you're a freelancer who works out of your home office or the head of a growing corporation.

So, what remedies are available when someone fails to live up to their end of a bargain? Here are some possible alternatives when resolving a breach of contract claim:

The different types of construction defects you may see

You've probably heard of the Leaning Tower of Pisa, right? Well, it's probably the most famous construction defect in history. Unfortunately, unlike the tower, most construction defects don't turn into tourist attractions -- they turn into nightmares for their owners.

There are all kinds of possible signs of a construction defect, but the defects themselves are likely in one of the four following areas:

What a copyright is and how not to infringe on someone else's

If you're a blogger here in Tempe, then you likely want photographs to go with the articles that you write. While it may seem easy enough to snag whatever photograph comes up in the search engine, it may end up costing you a lot of money if you do.

The United States Copyright Office considers any original works to be protected by intellectual property laws from the moment that you upload, post or publish them. Copyrights don't just apply to written works like books, poems, songs, movie scripts, plays but also to architecture, photographs and computer programs as well.

Real estate lawsuit could shake up industry

Plaintiffs have filed a class action suit against the National Association of Realtors (NAR), RE/MAX and some other big names in the real estate industry. If it's successful, the way that real estate is bought and sold may change -- for good.

The lawsuit was filed on behalf of a single homeowner -- but will represent anyone who has sold property and paid a broker commission within the last four years in specific geographical areas covered by the Multiple Listing Service (MLS) -- including Arizona. The MLS is widely used to advertise properties for sale.

Arizona sues California over business taxes

Is California taking unfair -- and illegal -- advantage of Arizona businesses who invest in its state?

The Arizona attorney general (AG) thinks so. As a result, his office has asked permission to bring a lawsuit before the U.S. Supreme Court to settle the issue.

Should a small business obtain a federal trademark?

You developed a brilliant brand name – something that will distinguish your business from the entire market. Now you have a choice. Do you focus on growing your business first, or do you dedicate time to turn your brand name into a federal trademark?

The answer won’t be the same for every entrepreneur. You have to evaluate the needs of your company and if a trademark is necessary for the business plan. Weighing the advantages and disadvantages of a trademark may save you time and money in the long term.

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