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Questions Answered by Lincoln W. Hobbs
1 Answer | Asked in Real Estate Law for Utah on
Q: I'm trying to buy property for sale by owner. The seller is insisting on a check that she will cash to"make sure it's g

Good". I'm insisting on a lawyer holding it until closing. Should I run?

Lincoln W. Hobbs
Lincoln W. Hobbs answered on Oct 27, 2016

If you haven't already run, yes you should. Why should you trust her, if she's unwilling to trust you?

1 Answer | Asked in Stockbroker Fraud, Real Estate Law and Landlord - Tenant for Utah on
Q: I received an offer through an out of state broker to lease my building. I had no prior listing with anyone.

Will I owe him a commision. There was no discussion, when he made calls. He obviously is working on behalf of the prospective tenant. I do not think he is licensed in Utah

Lincoln W. Hobbs
Lincoln W. Hobbs answered on Aug 17, 2016

Assuming you only spoke by phone and did not agree to pay a commission, no commission would be owed. He may seek to recover under an equitable theory, if he produced a lessee to whom you leased, but it is unlikely he could recover.

1 Answer | Asked in Real Estate Law and Small Claims for Utah on
Q: If my REPC for the purchase of my new home included a side by side stainless steel fridge and window coverings and the

Seller took the fridge, curtains and rods when they moved out, can I go to small claims court? The value of the fridge was 2,000. Mediation failed.

Lincoln W. Hobbs
Lincoln W. Hobbs answered on Aug 11, 2016

Yes, you can. The small claims limit is $10,000 in Utah.

1 Answer | Asked in Real Estate Law for Utah on
Q: What is the definition of closing in Utah. My seller has asked for 72 hours after closing
Lincoln W. Hobbs
Lincoln W. Hobbs answered on Aug 11, 2016

Closing is the signing of the documents. It's often done by both parties at the same time, but sometimes the seller and buyer close separately. The contract is "closed" when the second person signs it. So presumably the seller wants 72 hours to vacate after the closing.

1 Answer | Asked in Landlord - Tenant for Utah on
Q: contract with apartment stated that the tenants needed a 30 day notice, tenants did not see that, now the landlord is ma

contract with apartment stated that the tenants needed a 30 day notice, tenants did not see that, now the landlord is making them sign a new year lease. is that legal? what is the best way to deal with this situation?

tenants are willing to pay for extra month but i don't see how... Read more »

Lincoln W. Hobbs
Lincoln W. Hobbs answered on Aug 11, 2016

Depends upon exactly what the contract says, but there's nothing illegal with a rental contract that automatically renews.

1 Answer | Asked in Municipal Law, Animal / Dog Law and Real Estate Law for Utah on
Q: If my dog is on my own condo association's common property, am I subject to local leash laws? Or just condo by-laws?

Our puppy slipped under our private gate onto condo property. We recovered her within seconds, but a neighbor complained to police of a leash law violation. We came home after an evening out to find a note that warned of a citation if we did not contact the officer about the complaint. We looked up... Read more »

Lincoln W. Hobbs
Lincoln W. Hobbs answered on Aug 10, 2016

That would depend upon your condominium association's governing documents and the local ordinances. Many condominium declarations expressly incorporate municipal animal ordinances. You do have an interesting defense if the city is seeking to fine you, rather than the association.

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