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Utah Business Law Questions & Answers
1 Answer | Asked in Bankruptcy, Consumer Law, Real Estate Law and Business Law for Utah on
Q: I had issues with Ditech when they bought my loan from another mortgage company. They failed to pay my escrow accts

Ditech bought my loan. They were given all of my escrow in early September that was due in November. I didn’t know Ditech never paid my taxes or insurance until I received a notic that my house was going to be auctioned off. I had to prove to Ditech that it was their responsibility to pay it.... Read more »

Timothy Denison
Timothy Denison answered on Jul 6, 2021

Sue Ditech.

1 Answer | Asked in Business Law for Utah on
Q: how we can transfer of Chapter 7 Corporations Sole , from one successor to another successor in ligal way need lawyer

Need lawyer

Wesley Winsor
Wesley Winsor answered on Feb 24, 2021

Hello,

In order to transfer ownership of a corporation to another you will transfer shares. The other way to do it is to transfer the assets of the corporation by means of an asset purchase. There are benefits and drawbacks to both ways. I suggest we book a consult to discuss this...
Read more »

1 Answer | Asked in Consumer Law, Business Law, Identity Theft and White Collar Crime for Utah on
Q: I have a company that I have unsubscribed from several times. Is there any way I could file for misconduct?

The company is HP

Sarah S. Shepard
Sarah S. Shepard answered on Dec 4, 2020

I your issue is with unsolicited marketing emails, the CAN-SPAM Act governs email marketing conduct. Here is a link to more information about the law:

https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business

Good luck!

1 Answer | Asked in Business Law and Contracts for Utah on
Q: Are we obligated to continue servicing equipment after canceling a plan, if a customer has paid?

I work for a hvac company. We have a maintenance contract. (Prepay for annual services) With that, customers have the option of making payments monthly via auto withdrawal. In our contract it states if more than 2 payments are missed, the plan is canceled. We offer 5 year and 10 year plans. My boss... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Oct 21, 2020

Please note that I am not your attorney, and this conversation does not create an attorney client relationship. The issues discussed here are general ideas based on a very limited set of circumstances. Normal discussions with an attorney will produce better results as the attorney knows what issues... Read more »

1 Answer | Asked in Business Law, Estate Planning and Tax Law for Utah on
Q: What price of the stock should be used for estate tax valuation? At the date of death or at the date of collection?

The father died in 2012, but due to personal circumstances, the probate was opened in 2020. Now the stock value increased. Which price of the stocks should be considered for estate taxation: at the date of death or at the date i collected it?

Wesley Winsor
Wesley Winsor answered on Oct 12, 2020

The date of death value. Even though the stock didn't transfer, your right to the stock activated at his death.

I hope this helps.

Wes

1 Answer | Asked in Business Law for Utah on
Q: I'm wondering if it's legal for me to offer my professional services at a discount for marginalized groups of people.

I'm in Utah and a sole proprietor. There is no legal issue against me, just asking as I'm trying to figure out ways to give back to my community right now.

Wesley Winsor
Wesley Winsor answered on Jun 8, 2020

The answer is most likely, "yes". I am not sure what your services are and you may have different regulations imposed if you are a Doctor or something like that not to mention contractual limitations if you have any way. Sounds like you don't if you are a sole proprietor.... Read more »

1 Answer | Asked in Business Formation and Business Law for Utah on
Q: Which business structure should I choose?

A close friend and I are trying to start a business. It's based around an iOS app with services in the Pet Industry. We are trying to choose a business structure, and are unsure of which to pick. We are currently looking between an LLC or LLP. Is this the right choice for us?

Wesley Winsor
Wesley Winsor answered on Jun 5, 2020

LLC's are simpler. Unless you need to split up liability between you and your friend or one of you is only a passive investor, I would recommend an LLC.

1 Answer | Asked in Business Law, Employment Discrimination and Employment Law for Utah on
Q: Is my employer required to offer sick pay if I am stuck without a babysitter as schools are shut down?

I am a widower and my son has special needs so I’m wondering about my rights

Rhiannon Herbert
Rhiannon Herbert answered on Apr 1, 2020

This depends on the size of your employer. The Families First Coronavirus Response Act takes effect today, April 1, 2020. Under the Act, employees who are required to stay home to care for children whose schools have been closed due to COVID-19 concerns are required to receive sick pay at 2/3 their... Read more »

1 Answer | Asked in Consumer Law, Personal Injury, Business Law and Federal Crimes for Utah on
Q: This may be stupid but i have to know, Can I sue McDonald's and Other Companies Involved in Monopoly?

I am finding out for the 1st time EVER that the monopoly games were fixed and I am devastated! As a young woman,teenager, &single mom, i spent every bit of my weekly allowance, money earned from babysitting, mowing yards, odd jobs,and money from my 1st waitressing job on the monopoly game.... Read more »

Wesley Winsor
Wesley Winsor answered on Mar 30, 2020

When you say that the monopoly game was fixed, I am not sure understand. Did they misrepresent anything? Did you read their fine print of the rules and find out that they were lying? If so they could be liable. If you thought your chances of winning were better than what McDonalds represented... Read more »

1 Answer | Asked in Consumer Law, Contracts, Business Law and Communications Law for Utah on
Q: If I unknowingly signed a DocuSign Contract for my boss's company (that I am in no way authorized to sign) is it valid?

My boss told me to cancel his Waste Management service because his monthly trash bills were ridiculously high. I contacted them and told them I needed to cancel the service because it's too expensive. We have another provider that will do the same service for 100's less per month. They... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

I do not practice law in Utah--but I am very well aware of how easy it is these days to trick people into doing something they never intended to do. However, that said, I also know how easy it is for THE BUSINESS (not you) to hire lawyer to take up the business' mantle and push back at... Read more »

2 Answers | Asked in Business Formation, Business Law and Gov & Administrative Law for Utah on
Q: Wondering if starting a website geared to provide information about state boards and their licensing processes is legal?

I am about to launch a website that will help Physician Assistants and Nurse Practitioners get the information they need/want to help with the medical license processes. I have been working at a medical staffing firm for a while and I have some great inside knowledge about these processes, but I... Read more »

Wesley Winsor
Wesley Winsor answered on Mar 29, 2019

Hi,

I like what you are doing. If your question is whether or not you are committing some sort of crime by posting information regarding how to get licensed, the answer is no. Even if your information is false, there is no crime to publishing false information although it would be highly...
Read more »

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1 Answer | Asked in Business Law and Contracts for Utah on
Q: For a reunion event planning business, should we have customers sign liability waivers? Is a click-through good enough?

Our customers are classmates who volunteer to be a reunion planner. These planners select dates and activities, and then we sell event tickets to the classmates. A lot of the venues require a signature to accept liability.

1) Should my business sign that document and then have our... Read more »

Wesley Winsor
Wesley Winsor answered on Oct 10, 2018

Hi,

Sounds like a great business. Yes, I think that if you are taking on the liability, then you will want to make sure that you are passing the liability on to the actual participants of those events.

Ideally your participants would take on the liability directly from the venue,...
Read more »

1 Answer | Asked in Business Law for Utah on
Q: Can a property owner sell their property when they have a partner in the business but not a partner on the property

The LLC is 50-50 ownership. Prior to the partnership the storefront for the LLC was owned and still is owned solely by the original partner. The original partner wants to sell the property and move into a store front in the warehouse. Can the other partner stop the owner of the property from... Read more »

Wesley Winsor
Wesley Winsor answered on Aug 28, 2018

This is an interesting issue that isn't fully answerable via this forum without knowing all the details of the business. Here are the issues that jump out at me:

1. It doesn't seem like the LLC owns the building. Therefore the owner of the building is free to sell the property if...
Read more »

1 Answer | Asked in Business Law for Utah on
Q: Is Huron law a legal debit relief company
Wesley Winsor
Wesley Winsor answered on Aug 17, 2018

From what I can tell Huron Law has at least one attorney working for it. According to the Michigan State Bar Website : https://www.zeekbeek.com/lawyers/48033-MI-Charles-DeGryse-45409

Charles DeGryse is an attorney in good standing that works for the company, although there is no mention of...
Read more »

1 Answer | Asked in Business Law, Contracts, Employment Law and Gov & Administrative Law for Utah on
Q: Can you get sued if you are from a different country? Also, can chat messages serve as an emplyment contract?
Wesley Winsor
Wesley Winsor answered on Jun 8, 2018

Yes,

You can get sued if you are from a different country barring diplomatic immunity, but for the common traveler/tourist, yes you can be sued as long as you meet the minimum contacts in the states. The main question on this is Jurisdiction and service of process. An analysis would fill...
Read more »

1 Answer | Asked in Business Law, Federal Crimes, Identity Theft and Consumer Law for Utah on
Q: What are the penalties for using phone numbers for marketing purposes--when the numbers are protected from such use

TransUnion provides a service for organizations to look up information about existing customers. Unfortunately, this service can also be used to look up thousands of random individuals, and some companies may even TransUnion's services to create a cold-calling list. However, the use of this... Read more »

David Humphreys
David Humphreys answered on Oct 16, 2017

if consumer credit reports are being pulled from Credit Reporting Agencies and used for cold calling customers by phone, that would be a willful violation of the Fair Credit Reporting Act. Their is a statutory damage provision for damages up to one thousand per person. Whistelblowers have rights... Read more »

1 Answer | Asked in Business Law, Collections and Consumer Law for Utah on
Q: How many calls and texts from a company does it go to harassment? This company will call and text up to 4 or more times.
Wesley Winsor
Wesley Winsor answered on Aug 1, 2017

I can only assume that you are talking about debt collection. If that is the case, then here is some information, section 806(3) of the Fair debt collection practices act states:

3. Multiple contacts with consumer. A debt collector may not engage in repeated personal contacts with a...
Read more »

1 Answer | Asked in Business Law, Contracts and Tax Law for Utah on
Q: If a contract with a new client requires money to be spent to complete the contract, is that money a business expense?

My business is looking to acquire a new client. The contract with this client would require me to spend some of that money to complete with the contract itself. Would I be OK to write off that money spent as a business expense, or would I be taxed on the complete income?

Wesley Winsor
Wesley Winsor answered on Jul 18, 2017

Nearly any legitimate business expense can be discounted against revenues. I think you will need to be more specific on your question. If you are having to spend money to acquire new or specialized equipment or an upgrade of some sorts then absolutely.

I hope this helps.

Wes

1 Answer | Asked in Business Law, Civil Litigation and Real Estate Law for Utah on
Q: 1. Can HOA litigate member with non valid status of non profit corporation?2. Can HOA adopt not valid declaration
Wesley Winsor
Wesley Winsor answered on Jun 8, 2017

Your question is hard to understand. I will try the best I can to answer:

Yes an HOA can bring suit against an HOA member even if that member is a non-profit organization whose status is inactive/expired. This issue revolves around what agents of this non-valid, non-profit did to...
Read more »

1 Answer | Asked in Small Claims, Business Law and Constitutional Law for Utah on
Q: Do businesses have to follow the First Amendment? Are they subjugated to the same laws?

The game is League of Legends. The terms literally say that they have he right to steal the in game content you purchased if you violate their rules. My situation includes me using explicit and vulgar language in frustration towards other players online. Because of this my account is banned and the... Read more »

Wesley Winsor
Wesley Winsor answered on Jun 8, 2017

Your first amendment right doesn't give you a license to make other people listen to/read whatever you say. Your first amendment right secures your right to freedom of speech or in reverse, makes it so that any law passed abridging your freedom of speech is unconstitutional. Neither the U.S.... Read more »

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