Consumer Law |
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Arizona Legal Advice Columns |
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The following articles are reprints of Mr. O'Steen's legal advice columns which appeared in The Arizona Republic and other newspapers across the State. We hope that they are helpful in answering some of your legal questions. If you require more specific or personalized assistance, we encourage you to consult with an attorney. |
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Oral Contracts Can Be Valid, Enforceable |
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The warning "get it in writing" is good advice, but it should not be construed to mean that oral agreements are worthless. Few contracts must be in writing to be valid and enforceable. In Arizona, common examples of contracts that must be in writing include agreements for the sale of real estate and leases for a term longer than one year. Even these contracts, and others that generally must be in writing, nevertheless may be enforceable under exceptions to the written-contract rules. |
Car Buyers Can Curb Lemons By Getting Promises in Writing |
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Most used cars in Arizona are sold "as is." Our law allows car dealers to sell their cars without express warranties. New-car buyers always receive some protection against defects in their purchase. |
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Beat the Auto Shop Blues |
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Disputes over automobile repairs are among the most common legal problems. It is easy to understand why they occur so often. Cars are complex machines, and few of us understand how they work or what needs to be done when they fail to work. |
Contract Form Not Stone |
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Printed form contracts are used widely by a variety of sellers. You have signed form contracts if you have purchased a house, a car, a health club membership or made any number of other purchases. Form contracts are popular with sellers. They allow a seller to control the terms of a transaction with relative ease. |
Stores Not Required by State Law to Give Refunds or Exchanges |
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The days immediately following Christmas are among the busiest of the year for retailers. The combination of gift returns and post-holiday sales explain this brisk activity. Even a soft economy will not reduce by much the large number of transactions merchants can expect between Christmas and the New Year. Some merchandise sold in December will find its way back to the seller, either because it is defective or its recipient does not want it. |
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Receiver Need Not Return Unsolicited Items |
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Some time ago, I received in the mail several music compact discs that I had not ordered. The boxes containing these discs were addressed to me, and a billing invoice was attached to each. I returned the first three boxes to the sender with a note attached to each indicating that I had not ordered them and no further shipments should be sent to me. |
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Adding Signer Isn't the Same as Creating Joint Bank Account |
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For various reasons, people sometimes want others to have access to their bank accounts. This practice is especially common among the elderly, who frequently designate an adult child or trusted friend to have signing authority on their accounts. This additional signer often assists in paying the bills of the true account holder. |
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Clients Have Right to Second Opinions |
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Unfortunately, many doctors and lawyers have a reputation for protecting their own. Some doctors consider it unethical to interfere with another doctor's treatment of a patient, even if that doctor is harming the patient. A physician who blows the whistle on a fellow doctor's negligence may be regarded by his colleagues as lacking in professional integrity. Presumably, it is better to let a bad doctor do his damage quietly than to inform the patient or his family of impending danger. |
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Pain in Full Won't Always Settle a Lingering Dispute |
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A popular method of attempting to resolve a disputed claim is for one person to write a check to another with the added notation "payment in full." |
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Act Protects Debtors From Harassment |
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There is an attitude among some in the debt-collection industry that those who do not pay their debts are deadbeats. This widely-used term seems unnecessarily harsh. In my judgment, this attitude led to unfair debt-collection practices, which in turn led to the Fair Debt Collection Practices Act. |
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Know the Obligations Before Contract for Loan, Credit Card |
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Every human discipline has its myths. Medicine, health, nutrition and physical science, among others, are encumbered by widely accepted beliefs that are untrue. Among all the physical and social sciences, law may be the most heavily burdened with myths. This is explained, in large part, by the enormous complexity and inconsistency of the law. |
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Vacation Planning? Put Legal Obligations on Your List of Chores |
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The vacation season is beginning. Most vacationers attend to obvious chores in preparing to leave town: mail and newspaper pickup, lawn maintenance, pet care, thermostat adjustments, etc. You would be wise also to consider these "legal" preparations before your departure. |
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Mail Fraud Envelopes Nation, So Seek Deliverance from Cons |
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Mail fraud continues to be a problem in America, according to data provided by the U.S. Postal Service. The number of arrests for mail fraud, as with other crimes, understates the extent of the problem. For an assortment of reasons, many of those who engage in these illegal practices never are charged with crimes. |
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Legal Advice Columns |