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Questions Answered by Lincoln W. Hobbs

1 Answer | Asked in Real Estate Law for Utah on

Q: If a seller leaves Items after closing can I throw them away or just keep them?

Lincoln W. Hobbs answered on Aug 28, 2018

Yes. Your choice. You might want to call first and make certain they didn't leave them by mistake.

1 Answer | Asked in Real Estate Law for Utah on

Q: In Utah, does an HOA legally have to follow a reserve study?

My HOA claims that we need to double our monthly dues to match the reserve study we just had completed, and when questioned with why it needs to happen so fast, as opposed to a more gradual change, we are only told it's the law with no further answers. I attempted to look up the law, and due to my... Read more »

Lincoln W. Hobbs answered on May 20, 2018

There's no easy answer to this question. Association Boards have discretion to determine a reasonable reserve policy. Although it depends upon what the Association's governing documents say, it is usually the Board's right and duty to determine how reserves should be funded. Your association... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on

Q: Let a coworker stay with us for what was to be 2 months, now going into 6 rent free. Do I need anything to move him out

A coworker was in need, so I let him move into a room in my basement rent free (just help w/ utilities), there's nothing in writing. This was all verbal. We made an agreement to be moved out by March 1, '18. I'm not sure if he'll move out without a problem

Lincoln W. Hobbs answered on Jan 11, 2018

Assuming he won't voluntarily leave when you request him to, you can pursue an unlawful detainer action against him, which is an expedited process which leads to a court order for him to get out. If he doesn't comply with that, law enforcement will assist you in removing him and his possessions. I... Read more »

Q: What if my husband had a 3 to 4 slice of wood jammed through his hand at work and the employer asked my husband if he

Would put it on our personal insurance because he didn't have workman's comp for his employers. Very small company, we question if workman's comp is required. This was Friday 10/27/17, my husband was "let go" yesterday, 10/31/17!! Please help?

Lincoln W. Hobbs answered on Nov 1, 2017

I'm not licensed in Nevada, and am not sure where this occurred, but in Utah the employer would have to have had workers compensation insurance (and I'm 99% certain that would be the case in Nevada -- I think it's the case in all states. Your husband should see a good personal injury attorney,... Read more »

1 Answer | Asked in Employment Law for Utah on

Q: Why is a law firm willing to pay to fly me out for deposition in a class action case?

I have been offered a flight/hotel by the prosecuting law firm for a deposition as requested by the defending law firm. (I'm participating in a delivery driver class action) Is this is standard practice? I'm weirded out a guy called and want to fly me out in a week.

Lincoln W. Hobbs answered on Oct 16, 2017

Probably because it' less expensive than them flying to you.

1 Answer | Asked in Employment Law for Utah on

Q: Do employers need to provide a written copy of their employee policies?

Such as:





Lincoln W. Hobbs answered on Oct 16, 2017

No. But they should.

1 Answer | Asked in Employment Law for Utah on

Q: Is forced overtime legal? And if so, is there a time limit for prolonged forced overtime?

Lincoln W. Hobbs answered on Oct 16, 2017

An employer can require you to work as many hours as they wish, provided they compensate you in accordance with overtime laws. They cannot "force" you to do it, in that you can decline, and quit or get fired. If your employer is making you work more than you want, I'd suggest that you try to find a... Read more »

1 Answer | Asked in Employment Law for Utah on

Q: If your company has video surveillance, do they have to tell you?

Even if the video surveillance isnt used to monitor its employees, as its cliamed, do they need to inform its employees?

Lincoln W. Hobbs answered on Oct 16, 2017

It would be a good practice, but would not be required in a portion of the office where there is no reasonable expectation of privacy.

2 Answers | Asked in Employment Law and Workers' Compensation for Utah on

Q: Can an employer ask you not to file a claim if they offer to pay any of your out of pocket expenses?

Sorry, a worker’s comp claim for an on the job injury.

Lincoln W. Hobbs answered on Oct 11, 2017

Not file a claim for what?

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on

Q: Just left an apartment who is charging us $300 in move out cleaning costs, despite us cleaning for 8hrs. Help?!

We lived in this apartment for 1 year. Upon move out, they are claiming we owe an $85 cleaning fee, a $35 carpet cleaning fee, and an $85 partial painting fee (we did not pay a deposit upon move in). I cleaned for 8 hours before move out and scrubbed the apartment clean! The only damage to the... Read more »

Lincoln W. Hobbs answered on Sep 5, 2017

Take a look at the Utah Fit Premises Act, Utah Code 57-22. (You can find it through Google.) Also, check your city's ordinances; some cities provide more protection. Small claims court may be your best and only real option.

1 Answer | Asked in Real Estate Law for Utah on

Q: Who is the responsible party for resolving a partial reconveyance issue in a lot sale? Sellers, buyers, or title co?

I'm under contract (I'm the buyer) for a 1.5 acre piece of land and apparently it was described incorrectly when it was originally subdivided. What is the best way to resolve this issue and who is responsible for working to get this resolved? The buyer, the buyers agent, the sellers, the seller's... Read more »

Lincoln W. Hobbs answered on Aug 9, 2017

All of the parties should be motivated to move this along, assuming the seller wants to sell and the buyer (you) still want to buy. The complexity of resolving this type of dispute varies considerably based upon the type of property involved, and the jurisdiction(s) which have authority. Sometimes... Read more »

2 Answers | Asked in Real Estate Law for Utah on

Q: Do we have any recourse with the seller??

We just purchased a home. We've lived here for about 2 1/2 months, but we started experiencing plumbing issues within the first few weeks. The plumber we spoke with said the seller had to have known these issues yet they weren't disclosed to us. Do we have any kind of recourse?

Lincoln W. Hobbs answered on Jul 27, 2017

If you purchased with a Utah standard form Real Estate Purchase Contract, the seller would have had to make disclosures of known defective conditions with the property. If you can prove they knew about them, and didn't disclose them, you may have a claim for fraud, or breach of contract, or both.... Read more »

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1 Answer | Asked in Real Estate Law for Utah on

Q: do I have to take best offer by law even if below asking price?

Realtor stating no matter what we have to accept the best offer given. Even if way below value of land

Lincoln W. Hobbs answered on Apr 26, 2017

Unless there is some important fact missing, your realtor is incorrect.

1 Answer | Asked in Real Estate Law for Utah on

Q: I just bought house in laytonville suppost too move in april 30 if she not out! what are my rights

Lincoln W. Hobbs answered on Apr 16, 2017

If you own the home, and someone else is in it without a right to be there, you can file an eviction action. That is an expedited court proceeding to remove someone who is illegally occupying property.

1 Answer | Asked in Employment Law for Utah on

Q: required to pay a full time employee compensation when they are on call


I was fired from my job from what I was told was a reduction of force. The person who let me go asked me the same day if I would consider coming back at a later time or a different position, I told him yes.

A month ago I was asked to come in for an interview . It went well... Read more »

Lincoln W. Hobbs answered on Jan 3, 2017

There is no law that requires an employer to rehire individuals who are terminated, regardless of the reason. Assuming you were not hired because of some type of discrimination, you may have a claim. But with the information provided, I see no claim.

2 Answers | Asked in Real Estate Law for Utah on

Q: Selling a Salt Lake home remotely?

My longtime partner and I want to sell a home in Salt Lake. She lives out of state. Only her name is on the title, but both our names are on the second mortgage. The first mortgage is paid. How can we sell without her having to travel to Salt Lake? Should I be added to the title? Can't a Salt Lake... Read more »

Lincoln W. Hobbs answered on Dec 4, 2016

There would be no need for her to be here. Docs could be send and mailed/fed exed. They would need to be notarized, but she can find a notary at her local bank. Your adding your name to the title wouldn't help, because her signature would still be needed.

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1 Answer | Asked in Landlord - Tenant for Utah on

Q: . In the state of Utah is it against the law to rent without having a renters license it's a basement of a home

Lincoln W. Hobbs answered on Nov 3, 2016

Depends on where you live. Most municipalities require a local business license. Some municipalities will prohibit you from renting the basement if it doesn't meet specific requirements.

1 Answer | Asked in Real Estate Law for Utah on

Q: We recently bought a home. The sellers upon move out did not leave us the pool and clubhouse key card.

Upon moving in, it was our expectation that we would receive all the keys associated with the house. In our previous residence, we lost our pool key, and replaced it upon moving out. We expected and should have received the same at our new house. We contacted our HOA, and they said it was our... Read more »

Lincoln W. Hobbs answered on Nov 3, 2016

The seller should have given you the key; since they didn't, the association ought to, but is not legally required to give you a key either for free, or at no charge. It's not a good sign if the association welcomes new owners by not giving them a key.

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Utah on

Q: Is this sexual harassment or discrimination?

I have been interviewing for a general manager position at a large retailer, the first interview was with "John" the regional manager, he was very very friendly, second interview was with a different women. I was on a common app called grindr where gay men meet each other. I was contacted by "John"... Read more »

Lincoln W. Hobbs answered on Nov 2, 2016

You would most likely have a very difficult time getting anywhere with this case. To start, it appears you voluntarily went to see him after seeing him on Grinder and being invited to come get naked. It doesn't appear he made any promises if you visited him, and you'd presumably have a difficult... Read more »

3 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Utah on

Q: Attacked by yellow jackets at work

We were asked to start a project as soon after starting we were attacked by yellow jackets I was stung 20 to 30 times on the back of my head and throughout my body. I was wondering if there was any legal action I can take

Lincoln W. Hobbs answered on Oct 27, 2016

Assuming you required medical treatment, the expenses should be paid by your employer's workers' compensation insurance. You probably don't have a personal injury claim against your employer, assuming they had that required coverage. And there's not likely a claim against anyone else, unless they... Read more »

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