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Utah Contracts Questions & Answers
1 Answer | Asked in Contracts, Business Law and Lemon Law for Utah on
Q: Is it legal to deny a person a foreign vehicle when applying for an auto loan?

I bought a vehicle from a dealership 6 months ago I just found out a week and a half ago that the vehicle they sold me was stolen they told me to bring back the vehicle and they would get me a new vehicle and now when I put my application in I was told that I don't qualify for European... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Dec 6, 2022

I am not aware of a law preventing a specific individual from owning a foreign car. Some foreign cars will have difficulty being imported to the US without a lot of paperwork, but I can't imagine how a particular individual would be prevented from making a purchase.

Also, it is...
Read more »

1 Answer | Asked in Arbitration / Mediation Law, Business Formation and Contracts for Utah on
Q: I live in Utah and signed a contract with an LLC located in Nevada. Where do I file for arbitration?

They have not fulfilled their end of the contract and now owe me $12,000. They are no longer answering my messages and I would like to get this money back as soon as possible.

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Nov 21, 2022

You will first need to look to the contract provisions to see what they say about arbitration. If the other party is nonresponsive, then you could likely set up the arbitrator, give them notice of the time and place of arbitration and if they don't show up then the arbitrator can give you a... Read more »

1 Answer | Asked in Contracts and Employment Law for Utah on
Q: Do I have to repay a sign on bonus if I was never given a way to pay it back?

I received a letter stating I can make payments on repaying a sign on bonus back they gave me the information to put on the check but never told me where to send it or anything like that, I’ve reached out multiple times and received no response what actions do I need to take on either paying them... Read more »

Wesley Winsor
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Wesley Winsor
answered on Sep 23, 2022

If you are obilated to pay back the signing bonus, just go to their website or look up their business on the state business registration website https://secure.utah.gov/bes/index.html and send a certified check in the mail to their address.

Just because they haven't responded...
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1 Answer | Asked in Civil Litigation and Contracts for Utah on
Q: Can a used car dealership sell me a car with out emissions being done?

The check engine light came on just a few days after driving it home and the brakes were so bad it was scary to even drive. I'm also paying over $35,000 for a vehicle that isn't worth $11,000 at least not with the shape it's in.

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Sep 20, 2022

Hello,

I am sorry to hear that you are having trouble with your car. I am unsure what you are asking when you say "emissions being done". Are you asking whether a dealership has a duty to make sure the emissions are compliant with state law prior to sale? Or are you saying something else?

Wes

1 Answer | Asked in Contracts, Probate and Banking for Utah on
Q: If a child gets a cd in her name, she's the only beneficiary, her grandfather was the trustee, can anyone else get the $

The child and grand father are the only names on the acct. The grandfather opened it in her name when she was a baby after the childs father passed away. The grandfather passes and the only 2 names ever on the acct are the child and the grandfather. Can the grandmother pull out the money without... Read more »

Wesley Winsor
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Wesley Winsor
answered on Aug 31, 2022

This depends on the ownerhip of the account. If they owned the account as joint tenants with rights of survivorship, then the grandmother would only be able to access the account if she were claiming some spousal share of her husband, but she would first have to go through a court proceeding to get... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Utah on
Q: I recently purchased a puppy. I was charged more than the amount on the contract.

The contract price was $2,035. I was charged $2,700. I did not even realize it until now. Am I entitled to the $665 back?

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Apr 22, 2022

Yes,

You are. If the contract had price listed as $2,035, and they charged $2,700, then you are due a refund of the amount. Have you contacted the seller yet? I can't imagine that they would have a problem issuing a refund.

Contact them first and as soon as you can. This...
Read more »

2 Answers | Asked in Real Estate Law and Contracts for Utah on
Q: If my lease is ending do I still need to give my apartment complex 60 days notice before moving out?

My lease ends this month and the apartment complex says that I need to give them 60 days notice that I'm moving out. I've never heard of needing to this. If I have to comply I'll be paying a ton more for a month to month contract which I don't want to do.

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 16, 2022

The answer lies in your rental agreement. Does it require 60 days notice?

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1 Answer | Asked in Contracts for Utah on
Q: We bought a golden doodle female in March of 2019 and had the option to buy breeding rights or have her spayed within

5 months but did neither. We signed just a generic paper contract but didn’t have a notary or anything. My question is? Can she come after us for not paying the breeding fee and if so would the contract hold anything in court where it wasn’t witnessed or signed by a notary? Thank you for your time

Kenneth Prigmore
Kenneth Prigmore
answered on Feb 14, 2022

Having a notary is better evidence, but it is not required to prove a contract was signed. If you get to court and the judge asks you whether you signed the contract, and you say no, that is perjury, which if proven, can get you some time in jail.

Any communication outside of a contract...
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1 Answer | Asked in Contracts for Utah on
Q: I moved from Utah to Oregon. Had a moving company pack my Uhaul. They didn’t meet outlines of contract & damaged my thin

The contract stated they would bring pads, dolly, etc. they didn’t. Nor did they tell me so I could at least get a dolly from Uhaul. It slowed the packing of the truck one Alt since I lived on the third floor of an apartment and they had to carry boxes down one at a time. Then in packing the... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Dec 1, 2021

Small claims court is definitely designed for issues like this. Like Solomon in the Bible, they have a tendency to "split the baby", so if you wonder what your outcome may be, add up your damages and costs that can be proven with good evidence, and then cut the total owed to you in half.... Read more »

1 Answer | Asked in Contracts for Utah on
Q: buyer threatened violence against seller. Seller wants to cancel contract. buyers offer is way less than FMV. ?

Seller (who is disabled) had a friendship with buyer. Buyer became beligerant with seller making threats of violence and called him a liar. Buyer made a super low offer to flip the property. Seller found out the offer was extremely low based on comps in condo complex and surrounding comps. Seller... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Oct 22, 2021

I highly recommend you communicate directly with an attorney to allow them to ask you questions and give you the best advice possible. Threats of violence are never ok. Contact local law enforcement and make a report.

You can send a copy of the report to the buyer with a notice of...
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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Utah on
Q: We are trying to end our lease a couple weeks early.

We provided written request to end the lease early and it was approved. We received a confirmation text from the property management company of new end date and a move out email with the new date.

One week following the confirmation from the PM co., we received an email from the landlord... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Aug 23, 2021

As I have not reviewed your lease or the text and email from the landlord's management company, I can't tell you how likely you are to win if you were to fight this out in court. The theory you suggest is valid and may be true. Your relationship with the landlord is based on your lease... Read more »

1 Answer | Asked in Contracts and Small Claims for Utah on
Q: How to file a motion on a illegally repossessed car?

Is there such thing as a 215.78 % annual percentage rate? Really high?

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 11, 2021

If you want to sue someone on your own, you can go to your local justice court. This is called a "Small Claims" court. The court will have a maximum amount of damages you can sue for. You might sue for the money back you already paid if they improperly repossessed your car. Or you might... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Utah on
Q: Is there anything, that if written in a residential lease agreement in Utah, is illegal and makes the lease void.

I’m trying to prove that the termination of my 12 year lease because i informed the landlord about a mold concern, was illegal because of landlord retaliation laws protecting tenants in Utah. They are now trying to sue us for a large sum of money that is exaggerated and fabricated. They have no... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 1, 2021

There are many things that might be put in a lease but they can't be pursued in court because they are inappropriate. It would be a waste of time and energy to try to list them all here. You cannot be taught how to defend yourself in a short note like this. Having an attorney review your lease... Read more »

1 Answer | Asked in Car Accidents, Contracts and Libel & Slander for Utah on
Q: Can a lawyer accept a personal injury settlement w/o their clients approval? If they do is that a breach of contract?

obtained a. Personal injury lawyer after a car crash. After almost a year and a half I directed the lawyer to start working towards a settlement. On 1/28 the Lawyer called and said they had negotiated an offer. I said I wanted to talk to my wife before accepting the offer. The next day( 1/29 )the... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Feb 24, 2021

No, you can tell the attorney that he should tell the company it was a mistake on his part, you never agreed to anytihing. You may want to consult other attorneys, see what they say. Look for attorneys who handle car wrecks and who are memers of the Utah trial lawyers association /Utah... Read more »

2 Answers | Asked in Contracts for Utah on
Q: We want to cancel a contract with an HOA management company. There is no termination clause. Can they hold us in?

We have a 5 year contract with a property management company. The HOA board feels that the management company has failed to meet its duties and it is not likely to change. We want to cancel the contract. They have refused to let us out and say that they will only let us out if we pay the... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Jan 19, 2021

You might have a leg to stand on. It all depends on what is stated in your contract. If the HOA Management Company has failed to meet important portions of the contract, you have options. You could terminate and then defend yourself if they sue, or you can sue them for failure to fulfill the... Read more »

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1 Answer | Asked in Contracts for Utah on
Q: Can I repossess a puppy if contract has not been followed by buyer? If so how to go about it?

I sold a puppy Feb 2019. 2200 as co owned with trade work worth 700 and payments monthly. Contact says dog will be DNA tested and reg akc as well as paid off by a year.

Half cost on me and buyer for testing and registration which buyer couldn't do. Most months I asked about a payment... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Jan 18, 2021

Repossession must be handled peacefully. If they refuse to give you the dog, a court order can be obtained after winning a lawsuit based on the contract.

Everything depends on what was stated in the contract, so you will do well to have an attorney review everything before you proceed.

2 Answers | Asked in Contracts for Utah on
Q: Hello. Is this going to re-new anytime soon? :)
Wesley Winsor
PREMIUM
Wesley Winsor
answered on Dec 22, 2020

Hi, I am not sure what you are referring to. Please be more specific.

Wes

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1 Answer | Asked in Contracts and Real Estate Law for Utah on
Q: Seller sold property I was under contract on, what are my options?

I was under contract (standard UT REPC) with seller for property. I went to close on the property (prior to require closing date) and find out the seller has sold the property to someone else. I paid $2K earnest money and also hired people to inspect and consult on the land. Now, like properties... Read more »

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Dec 22, 2020

I am sorry to hear about your situation. That is rough. Sounds like the seller made a calculation about the risk of being sued and damages and thought that selling it to another at a higher price was worth it. Unfortunately situations such as this are not uncommon, thought typically it has to do... Read more »

1 Answer | Asked in Contracts for Utah on
Q: How do I write the "SOW" part of a contract to allow for multiple projects to be defined outside of it?

My business does consulting (UX Design) for other businesses. I have a contract that I use, but it has a section where a specific scope is defined. I have a client that wants to be able to sign an overall agreement (like my contract), and then define projects and agree to them as they come. So... Read more »

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Nov 13, 2020

Hello,

The best way to handle something like this is to make the contract dynamic in that it would refer to another document titled "scope of Work of Project X" and then define the terms of that particular project. The challenge though, is that you are going to need that other...
Read more »

2 Answers | Asked in Contracts for Utah on
Q: Can a person or company sign legal documents on behalf of a client if they have written permission to do so?

Asking because a friend wanted to know if I could sign his apartment lease agreement for him. In addition, I am wondering if someone could sign a legal document such as applying for auto or medical insurance policies on behalf of a person?

Kenneth Prigmore
Kenneth Prigmore
answered on Nov 3, 2020

It depends on the business. Many businesses and government entities will allow you to use a "Power of Attorney". This is a document signed saying it is ok for someone else to sign on your behalf.

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