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Questions Answered by Wesley Winsor
1 Answer | Asked in Landlord - Tenant for Utah on
Q: Is this notice legal? Can an Apartment Complex refuse to renew lease if you continue to smoke off property?

Dear Tenants:

We were informed that Zion Way apartments will soon become a non-smoking apartment complex. We encourage you to quit smoking so that when the times comes you will be able to stay in your apartment. If you have not quit smoking when the nonsmoking rule becomes effective, you... View More

Wesley Winsor
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Wesley Winsor
answered on Oct 23, 2018

The short answer is "yes" this is legal.

The lease is a contract between you and landlord. The term of the contract is stated in the lease. After the term of the contract expires it has to be ratified or renegotiated by the parties. Landlords can discriminate (refuse to rent...
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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... View More

Wesley Winsor
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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,...
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1 Answer | Asked in Uncategorized for Utah on
Q: I hired a handyman to work on my shower. He took half up front (325.00). He showed up a couple of times and disappeare.

He agreed to send a refund but has not after two weeks. I hired someone to finish the job. I took pictures of the mess he made. His helpers broke additional tile on an adjacent wall. They put the stucco all over and we has to chip out the mess on additional tiles

Wesley Winsor
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Wesley Winsor
answered on Sep 10, 2018

I am sorry for your experience. That must be super frustrating.

You will first need to look at the agreement you signed with the handyman. If this guy was a one-man-band, then its likely that he didn't have you sign a contract. Just because it was an "oral" agreement...
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1 Answer | Asked in Contracts for Utah on
Q: we had lumber liquidators intall a floor for us in Utah the job is so bad we can't move into the home we want it replace

they damaged a vintage floor and now were not getting customer service to respond what can we do to get the floor we paid for

Wesley Winsor
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Wesley Winsor
answered on Sep 10, 2018

I am sorry for your frustration.

The first place would be to look at the service agreement or contract with Lumber Liquidators. If that doesn't have much, poke around on their website or call their customer service and instead of asking for them to fix it, ask for a copy of their...
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1 Answer | Asked in Personal Injury and Small Claims for Utah on
Q: Auto-repair/dealer employee made rude/crude comments while giving me a bill for something i didnt ask for. What can I do

I already knew the problem and just wanted an idea of how much it would cost. I left and returned and decided it was to much so i wanted my car and to leave. So, he wrote me a bill for diagnostics and i told him i already knew what was wrong, i didn't want the diagnostic. He said it was in the... View More

Wesley Winsor
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Wesley Winsor
answered on Aug 28, 2018

I am sorry, but there is not much you can do legally. Offensive speech is free speech. There are such claims as "intentional infliction of emotional distress" and "negligent infliction of emotional distress" but his conduct would not rise to that level.

If he had...
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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... View More

Wesley Winsor
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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...
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1 Answer | Asked in Probate for Utah on
Q: My mom passed away back in September and there was no will but she had life insurance policies that were signed to me

And my brother anyways she had a bank account and did not leave a will. I was told by a lawyer all I needed to do with the bank account was bring them the death certificate and a small affidavit to get control of the bank account, and he also stated that they didn't comply they could be sued... View More

Wesley Winsor
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Wesley Winsor
answered on Aug 27, 2018

The advice the attorney gave you is correct up to a point. It depends on how much is in the bank account. If there is 100k or more, then you will have to take it through probate in order to get the distribution from them. Do you have any idea how much is in the account?

If it is less...
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1 Answer | Asked in Animal / Dog Law for Utah on
Q: I sold my boyfriends dog for $300 without his permission. Can I get the dog back?

The person who purchased her said my boyfriend could see the dog ongoing and even watch the dog while they had their 2 family vacations each year. The purchaser has not held up to their end of the agreement. What do i do?

Wesley Winsor
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Wesley Winsor
answered on Aug 17, 2018

Hello,

I am sorry for your predicament.

I am guessing that this dog didn't have some paper title or appear on some state registry that lists the dog and the owner and some kind of identification number. If they do then, then it would be easier for your BF to talk to the police...
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1 Answer | Asked in Civil Litigation and Real Estate Law for Utah on
Q: Can Realestate, in this case a condo be listed for sale while under litigation between a HOA and a builder?
Wesley Winsor
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Wesley Winsor
answered on Aug 17, 2018

The short answer is yes. You can list anything that you own for sale. If you are going to give out seller disclosures, you will need to disclose the fact that there is pending litigation.

From this question, I am not even sure if you are the owner of the property. The answer is, an owner...
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1 Answer | Asked in Business Law for Utah on
Q: Is Huron law a legal debit relief company
Wesley Winsor
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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...
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1 Answer | Asked in Real Estate Law for Utah on
Q: Sold my house after only living there 19 months. Used profit for down on new house. Am I going to be taxed on profit?

Married, filing jointly. New primary residence was less than $500k. It's the less than two years at the old primary residence that worries me.

Wesley Winsor
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Wesley Winsor
answered on Aug 15, 2018

Great question. While it is true, you are not allowed to take the maximum exclusion amount of $250k you might be eligible for some exclusion amount. In order to qualify for some, the reason you moved (the move has to be 50 miles away or more) has to be due to some unforeseen circumstances such as... View More

1 Answer | Asked in Contracts for Utah on
Q: Is it legal to have a deseased mothers name still on a Car title? My mother died in 2004..The car is licensed and insure

The registration is in my and my wifes name..But every year they send the renewal notice in her name..I live in SLC, Utah.. Is this legal?

Wesley Winsor
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Wesley Winsor
answered on Aug 15, 2018

Hello,

Although everything is working without having changed it, you should probably go to the DMV and fill out a small estate affidavit for motor vehicles to get her name off of the title. If you don't, your wife's siblings may have some claim on the car. The Personal...
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1 Answer | Asked in Probate for Utah on
Q: Mom passed. She put car in "her name OR my name. My car now. Is this part of probate? Family fighting for car.

Also fighting over POD my name. Family fighting for this also.

Wesley Winsor
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Wesley Winsor
answered on Aug 9, 2018

No, if the title was held in the "A or B" fashion then it means that you owned it as a joint tenants. Joint tenancy carries with it a right of survivorship which means that upon the death of one joint tenant (your mom) you inherit the entire property (the car).

You will need to...
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1 Answer | Asked in Probate for Utah on
Q: Why would someone need to sign a document so he or she can become the personal representative of a deceased person
Wesley Winsor
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Wesley Winsor
answered on Aug 9, 2018

Hi,

There are a couple of different times in which someone might sign an "acceptance of appointment". Some attorneys as part of their estate plan preparation will have an "acceptance of appointment" type document wherein the person nominated in the person's will,...
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1 Answer | Asked in Elder Law for Utah on
Q: If my brother who has POA for 93 year old mother is threatening to take my mother out of the country, is he able to. Dem

She has elderly family there but her immediate family mostly live in Calif. My brothers signed to allow him to take her home as payment to care for her. I never agreed or signed. Any options?

Wesley Winsor
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Wesley Winsor
answered on Jun 11, 2018

Hello,

Is your mother incapacitated? Has she been diagnosed with dementia, Alzheimer's etc? If she is still considered capacitated, then she can choose for herself whether to go out of the country. If she isn't, then a power of attorney is not the correct document/authority your...
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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
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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...
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1 Answer | Asked in Consumer Law, Animal / Dog Law and Small Claims for Utah on
Q: Am I entitled to a refund or reimbursement of vet expenses for a puppy I bought with undisclosed health problems?

We bought a 6 month old puppy through KSL classifieds two months ago. We took her in to be spayed two weeks later and learned that she had a severe bladder infection along with blatter stones and crystals. The cost of diagnosis and treatment exceeded the cost of the puppy. On top of that, we... View More

Wesley Winsor
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Wesley Winsor
answered on Jun 8, 2018

Hi,

I am sorry for your situation. Utah is a buyer beware state. There are some enhanced duties if the seller is a "merchant" meaning that they do this for their profession, but unless he actively hid it from you or represented that the puppy definitely did not have eptopic...
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1 Answer | Asked in Car Accidents for Utah on
Q: Someone is still threatening a lawsuit against me from an accident he caused 2.5 year ago, can i counter sue?

I was involved in a car accident in 2015 where the responding officer unfairly ticketed me as the cause of the accident when the person I hit made a blind turn. I fought the ticket and won and both insurance companies accepted he was 100% at fault. Now, 2.5 yrs later, hes still threatening suit for... View More

Wesley Winsor
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Wesley Winsor
answered on Jun 8, 2018

From what you have stated, I don't think so. A claim for Intentional/Negligent Infliction of Emotional Distress requires a showing of something truly horrific. Making threats against your insurance company would not qualify. If they were constantly in contact with you and threatening you... View More

1 Answer | Asked in Animal / Dog Law and Contracts for Utah on
Q: If I got a dog from an organization but months later changed my mind. Do I have to return the dog to them?

Yes we signed a contract but it was under $500 for the dog. I don’t see how they would have a right to her after a transaction took place.

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Jun 8, 2018

Hello,

I am not sure I understand the situation. Let me see if I have this correct: 1) You purchased a dog from an organization for less than $500. 2) Later you changed your mind.

I am trouble understanding what 2) is intended to mean. Are you saying that you changed your mind...
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1 Answer | Asked in Contracts and Employment Law for Utah on
Q: Can a signed form within a company be changed after it had been signed and dated?

2/14/18 is when I signed to the pay increase of 12.48 per hour and sometime between 2/22-2/23 one of the other people on the document changed the pay increase to 12.21 per hour so I would be getting less money. They also did not inform me of this change nor did they ask me to sign a new form saying... View More

Wesley Winsor
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Wesley Winsor
answered on May 18, 2018

This is a good question, in addition to the issue of whether or not someone can enforce a contract that has been altered from the original provisions agreed to, there might be an issue of whether this was a contract at all.

In all contracts, there has to be "consideration" or...
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