Determining Whether a Broker Fell Below the Standard of Care Pursuant to Arizona Real Estate Law

One of the first steps in determining liability in any professional negligence claim is establishing the standard of care. This is true in the case of Arizona real estate brokers.

When a lawsuit is brought in Arizona against a real estate broker, the jury or judge will decide whether the broker’s actions and/or omissions fell below the standard of care. This decision is based on the evidence presented at trial, including relevant documents and testimony.

The standard of care itself is usually established by the expert testimony of professionals in the industry who are qualified to render such opinions. Thus, a plaintiff who seeks to recover from an Arizona real estate broker must offer the compelling testimony of some other broker, or other qualified expert, that the broker being sued failed to act reasonably.

The easiest way to understand the standard of care is to ask whether the broker failed to use the skill, prudence and diligence that other Arizona real estate brokers commonly exercise.

Of course, even if it is established that the broker violated the standard of care, the plaintiff must also show that he or she also suffered compensable damages. Such damages are generally equivalent to the amount of money lost by the plaintiff as the result of the broker’s wrongful conduct.

If you’re an Arizona real estate broker facing a claim that you violated the standard of care, or if you believe you have a claim against a broker, you should seek the counsel of an experienced Arizona real estate attorney as soon as possible.

Kevin R. Harper is an Arizona real estate and business litigation attorney, representing individuals and small businesses throughout the state of Arizona from his centrally-located office at 1 N. Central Ave., Suite 1130, in downtown Phoenix.

Planning For Home Based Business Success

Today’s society wants us to believe that we need to be doing something 24/7 365 or we will fail. Can you say burnout! This is probably the number 1 reason a lot of people are turning to home based businesses. Without having an online business myself, I would not be able to get my kids to their sports events on time (and they are only in 1 sport at a time), get my grass cut or anything else around the house done for that matter, workout to try to stay healthy and oh yeah…sleep! Having a full time job away from home would be impossible at this point.Having a home based business or online business allows me to get everything done that I need to without having that “burned out” feeling. However, even working from home requires some sort of schedule. You still need to plan your day, week and even your month. Without a plan or schedule, you will be running around like a chicken without its head! There are just to many things to get done and without structure, you will fail.My advice and the advice of many others is to plan out your day first. Set a time that you will work on your home based business and stick to that, but do not make that time more than 8 hours. If you try to work 15 hours a day you will burnout quickly and your home based business will fail. Remember, you are working from home to have more free time…not less. Also, make time for your family and for yourself. This will help you get rid of the stress that comes with starting a home based business.Next, plan your week. Allow yourself a day or two off. Personally, I do not work much on weekends. I like to have that day away from the computer screen. I also like to work out so I set time aside to do that. Again, keeps the stress level down. You should allow 1 hour a day, 3 days a week to exercise. You will be amazed at how much better you will feel!You can even plan farther ahead, say the month or even the year. Set your goals of what you would like to accomplish with your home based business in 3 months, 6 months and by the end of your first year. A very important point…make your goals achievable! This will help keep you motivated to succeed.Most importantly, don’t forget to plan that vacation! We all need to get away. Taking some time off from “life” to relax and rejuvenate yourself can work wonders. Burnout is one of the top reasons people fail with anything including home based businesses. Try to do everything in moderation. If you can achieve this, you will find yourself as a wealthy person.

A Guide on Successful Product Creation and Internet Marketing

Product creation in Internet marketing is getting stiffer and stiffer nowadays owing to tough competition between Internet-based businesses. Putting up a new product requires plenty of brainpower and finances along with an ability to take risk. With that, even if you have the product well-set already, you have to position it strategically in the Internet landscape for others to notice. You should get the interest of Web users and turn them to actual customers. Aside from the usual physical products, many different products that thrive well on Internet marketing include E-books, membership sites, and video lectures.

The long and difficult process of product creation begins with ideas. They are easy to get – compared to the effort that comes with analyzing the market for that idea. Before the idea turns to a product, businesses often spend money, even amounting to millions of dollars, to ensure the success of the new product that emerges from an idea. Businesses undertake many types of market research and surveys before releasing their products to the public. Now, you may think that because your business is small, you can’t afford research or you don’t have to do research; you can and you should. The Internet allows you to disseminate materials needed for your market study to many people at once without your having to spend a cent.

It is a common maxim in business: Look at your destination first before mapping out your journey. So what are the goals you intend to accomplish with your product creation ventures? The everyday travails of your business may make you forget the end in sight. On the other hand, prepare to entertain new developments that come to your mind in your product creation. Your conception of a product may have started this way, but a few tweaks here and there along with some market research results and it ends up another way. Take it as the result of a creative process, not as a failure to reach your goal. After all, your product creation activities are intertwined with a long-term goal that you should strive to sustain at your utmost: profit generation. So if your less profitable initial idea evolves to a more profitable product, be thankful!

With your product made up already, start doing some aggressive Internet marketing. A product purchase typically comes after more than five times a customer is exposed to an informative call-to-buy message. Thus it is important to get the contact details, like the e-mail address, of potential customers who are on the brink of a sale. Use the results of your market research to determine the demographics to which you should concentrate your marketing efforts.

With consistent product creation, you can make an inventory of your products that you can market in due time. Just keep making products – the moment you succeed in making and marketing a product, customers are surely wanting more from you, so give it to them. Keep them on your side through constant product creation.