Brad Denton

In more than 25 years of practice, Brad has represented businesses and individuals in many different areas.

Helping Small Businesses. Brad spends a lot of time working with small business owners. He has developed expertise in the areas of law that are important to small businesses. He helps business owners decide the structure of their businesses, whether corporations, partnerships, limited liability companies (LLCs), or something else. Businesses often have legal issues related to their employees, and so Brad has developed expertise in that area. And because legal disputes can happen, Brad can help his business clients prosecute and defend lawsuits. Brad’s clients turn to him for litigation as well as commercial matters.

Litigation. Brad has represented clients at every level in Arizona—everything from head counsel in multi-week jury trials in Superior Court to appellate counsel at the Arizona Supreme Court. Brad has also represented clients before Justice Courts, administrative tribunals such as the Office of Administrative Hearings, and many arbitrations and mediations. Brad has even served as a private arbitrator, where he has ruled on lawsuits brought by other lawyers.

Negotiating Contracts. Brad helps his clients draft and negotiate all kinds of contracts—partnership agreements, commercial leases, employment contracts, asset purchase agreements, settlement agreements, and much more. Brad also helps his clients collect their money if bills go unpaid.

Franchising Law. Brad helps clients who are involved in franchising—whether as franchisors or franchisees. Brad helps clients with the complicated process of drafting the franchise disclosure documents that are required by federal law, as well as registering under the franchise and business opportunity laws of various states. For many years he has been a member of the Franchise Forum of the American Bar Association.

University of Chicago

J.D. (1995)

Managing Partner

Denton Peterson Dunn, PLLC

2000 - Current

AV Preeminent

Martindale

American Bar Association

Member

Current

Arizona State Bar

Member

1995 - Current

Arizona

Since 1995

9th Circuit

Since 2017

• Credit Cards Accepted

• Civil Litigation
• Franchise

Q. I signed a non-compete with my employer but then he sold his company to a large corporation. Is the non-compete valid?

June 16, 2018

A: The answer, unfortunately, is that it depends. The language that is in your contract is likely controlling. If it expressly states that it is transferable then it probably is. If it does not address it, then there is an ambiguity in the contract and the water gets a bit murkier. Recent case law from other states found they are not enforceable absent language saying they are transferable. I am not aware of a case in Arizona that is on point.

The contract is not automatically revoked by operation of law because the company was sold. I can’t give a better opinion without examining the contract and if available the purchase and sale agreement involved in the transaction.

Q. How do I go about selling a piece of property with a life estate attached to it?

June 16, 2018

A: To answer your question, I would need to know exactly what you are trying to sell and where it is located.

If you hold the life estate either for the life of the 85 year old or are selling the life estate of the 85 year old it is the same as any real estate transaction. Just make sure you make it clear that you are only transferring the life estate in the transaction. This is typically noted on the deed, it would just state the person has a life estate for the life the 85 year old.

If you are the person who gets the property when the person with the life estate passes away, (called a remainderman) how many remaindermen are there and are they all wanting to sell?

Both the life estate holder, or the remainderman can sell what they own, but it is still subject to the life estate and you would want to make that clear in the transaction by having it noted on any deed or contract that is issued.

If the person with the life estate and the remainderman are both willing to participate in the sale then you can sell the property and have it cleared of the life estate. ... Read More

Q. Are home inspections required in Arizona? If so , is my realtor required to send an origin the inspection to the owners?

June 16, 2018

A: There is no formal requirement under Arizona Law that a home inspection occurs. However, unless this is a cash transaction any bank is going to require one. Whether or not there has been a home inspection or not, you will be required to disclose any defects that you know about the property to the party purchasing the home. If you fail to disclose known defects you are liable for failing to disclose them. If a home inspection has been performed and it revealed issues you will be required to disclose those issues.