F.A.Q

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FAQ

Nino Knows™ how confusing legal matters can be. Receive answers to some common questions by scrolling through the FAQ page. If you still need assistance, then consider calling. The Law Office of Nino Abate is here to answer your questions. Get a free initial consultation and learn more.

  • Do buyers need an attorney to purchase a home in Arizona?

    Unlike states like Florida and New York, which require attorneys to close real estate transactions, Arizona does not. However, many buyers, especially buyers of luxury homes, routinely engage attorneys to review and draft contracts, review title reports, assist with due diligence, and help shepherd the transaction through close of escrow.

  • Can your firm help negotiate purchase and sale agreements?

    Yes, we regularly represent clients in the early stages of a deal to help negotiate the best terms before going to contract. Our advice: get your attorney involved earlier in the process rather than later.  

  • Does a contract have to be in writing to be enforceable in Arizona?

    Yes, some contracts do. For instance, the statute of frauds in Arizona requires all contracts for the sale of real property, lease agreements for a term longer than one year, and employment contracts be in writing. But generally, contracts don’t need to be in writing to be enforceable in Arizona. Of course, it’s almost always advisable to have them in writing – preferably written by an exceptional contract writer like attorney Nino Abate!

  • Can you form business entities in states other than Arizona?

    Yes, we regularly form business entities in other jurisdictions, including Delaware, Nevada, and Wyoming. Each jurisdiction has its costs and benefits. Contact our office today to schedule a consultation to discuss with one of our attorneys what choice might be right for you and your business.

  • Can we hire your firm to be the general counsel for our business?

    Yes. Hiring our firm to your business’ general legal counsel is a smart move that can give your business a competitive edge. And since we can work remotely and appear virtually, you can expand your brain trust without brain damage. Contact our office today to see how we can create a flexible, affordable GC plan just for you.

  • If I owned Facebook, could you be our business attorney?

    Absolutely, but you would not be our typical client. Our business clients are normally small to medium sized businesses, not Fortune 500 companies. Not because we don’t offer top notch legal services to sophisticated clients with complex legal needs, but because big companies and big law firms swim in the same waters. But make no mistake – the legal services we offer are second to none!  

  • Do you review and draft real estate and business agreements?

    Yes, and we love writing and creating great contracts - and it shows! We write all kinds of contracts – purchase and sale agreements, loan agreements, license agreements, employment agreements and many, many more. In fact, if you need a contract, chances are we have done it before or at least something similar. Contact our office today to see how we can write an ironclad agreement for you.

  • How can I protect my confidential and proprietary business information?

    By using a Non-Disclosure and Non-Competition Agreement. An NDA forbids a person - like employees or contractors - from disclosing confidential business information to third parties. Non-competition agreement prohibits a person from competing with your business in a market for a limited period of time. An NCNDA is an important business agreement that can help protect your valuable trade secrets and proprietary information.

  • How long is the statute of limitations for breach of contract claims?

    In Arizona, the statute of limitations for written agreements is 6 years, with some exceptions, and 3 years for oral contracts.

  • Do you recommend arbitration clauses in contracts?

    Generally, no. Though arbitration may have some benefits in some situations, arbitration can severely limit the claims and remedies you can pursue and your ability to effectively build and present your case. Especially tort claims such as fraud, which sometimes require extensive discovery to establish the necessary evidentiary proof. And you normally cannot appeal an arbitration award. For these and other reasons, you normally want to preserve your right to have your claims adjudicated by a court.

  • How can my personal estate avoid probate court in Arizona?

    Easy – get a family trust in place. By having a family trust, you can decide what happens to your estate after you pass on, not a probate court. Probate litigation can be expensive, contentious, and take months, even years to resolve. Contact our office today to see how easy and inexpensive it is to get a comprehensive estate plan that will give you and your loved ones’ peace of mind.

  • Can you represent Complainants in Registrar of Contractors cases?

    Our firm represents both homeowners and contractors before the Registrar of Contractors. We understand the ROC’s rules and regulations and the administrative hearing process, so we can help our clients get the best result.

  • Do you help creditors collect debts, including judgments?

    We are not a debt collection firm per se; however, we do assist plaintiffs collect debts from defendants, typically through civil litigation. Once a judgment is obtained, we normally engage or have the client engage a debt collection law firm to enforce the judgment against a judgment debtor.

  • What should I do if I’ve been injured in a non-motor vehicle accident?

    First, seek immediate medical attention for your injuries. Second, engage our law firm to help you pursue your personal injury claims. Third, continue to follow your doctor’s advice and your doctor’s treatment protocol until your doctor releases you from treatment. These are the top three things you need to do if you are injured in a non-motor vehicle accident. Leave the rest to us.

  • What should I do if I’ve been injured in an auto accident?

    If you’ve been injured in an auto accident, call Collision Law, PLC – all they do is auto accident cases!

  • What should I do if I’ve been served in a lawsuit?

    Don’t delay - consult with an attorney as soon as possible. If you are named as a defendant in a lawsuit, the rules require you to appear and defend by filing an answer to the complaint within a relatively short period of time –in most cases, just 20 days. If this happens to you, we can help. Contact our office for a free initial consultation.

  • What are your hourly attorney rates?

    The normal rate for attorney Nino Abate is $295 per hour. We do offer some flat fees services and we do take some personal injury matters on contingency (on a case-by-case basis). Contact our office if you have questions regarding our fees or services.