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Utah Contracts Questions & Answers
0 Answers | Asked in Consumer Law and Contracts for Utah on
Q: Can I get a refund for a non-required extended warranty from a car dealer?

I bought a used car from the Tim Dahle dealership in Salt Lake City on February 22, 2025. The car cost $9,500, and I made a down payment of $3,000. During the signing, the dealership made it seem like an extended warranty costing $3,000 was required, so I agreed. However, upon reviewing the... View More

2 Answers | Asked in Contracts and Intellectual Property for Utah on
Q: Can I distribute 3D voxel models made from licensed 2D assets?

I purchased a pixel art pack, and the license requires crediting the original artist while forbidding redistribution and resale of the assets, even if modified. I've created 3D voxel models based on these 2D sprites—transforming them from flat images into 3D objects, like boulders and walls... View More

Emmanuel Coffy
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answered on Feb 24, 2025

Yes, the restriction on redistribution likely applies to your 3D voxel models because they are derivative works of the original 2D assets. Here’s a breakdown of the key legal considerations:

1. Understanding Derivative Works.

A derivative work is a creation that is based on or...
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0 Answers | Asked in Business Law, Contracts and Civil Litigation for Utah on
Q: Can an SP file a lien for unpaid IT services in Utah?

I completed a site survey with follow-up for a business as specified in our agreement through the Work Market app. However, the business outsourced the follow-up work to another provider for a lower cost and blocked me, refusing to pay for my completed work. Despite many attempts to resolve this, I... View More

0 Answers | Asked in Contracts and Employment Law for Utah on
Q: Non-compete as RN affecting NP practice in Utah.

I signed a non-compete agreement in Utah as a Registered Nurse in 2023, which lasts for one year after leaving the job. I've been gone for three months now. The agreement restricts me from working within a 60-mile radius of my rural community. Now that I have graduated and started practicing... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Utah on
Q: Can I sue the apartment on a small claim for not fixing my dishwasher when I moved in and they won't fix it.

I moved into an apartment in September and submitted three requests for a dishwasher repair, but it was never fixed. The manager then said there was nothing they could do about it. Knowing the dishwasher was truly broken, I hired a professional to fix it, which they did, and then billed me. I paid... View More

Wesley Winsor
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Wesley Winsor
answered on Feb 10, 2025

The ability to sue your landlord or apartment complex for the cost of repair and partial rent refund depends largely on the terms of your lease or rental agreement, as well as the specific circumstances surrounding the repair. Here's what you should consider:

Lease Agreement: Carefully...
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1 Answer | Asked in Contracts, Copyright and Business Law for Utah on
Q: Can use the program "Bricklink Studio" to create LEGO instructions for my own creations, and sell the instructions?

I wouldn't be attaching the LEGO name at all. I would create the instructions using the pieces they provide in their studio, and finishing them in a PDF format. Can I use the studio to sell the PDF?

James L. Arrasmith
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answered on Feb 9, 2025

You can use Bricklink Studio to create your own LEGO instructions and sell them as PDFs, but there are some things to keep in mind. The program itself is free to use, and LEGO has not explicitly prohibited selling instructions made with it. However, you should avoid using LEGO’s trademarks,... View More

1 Answer | Asked in Contracts for Utah on
Q: Can I quit my job anytime ?

I work at Thuisbezorgd and the employer told me that I have to stay for minimum 3 months to work there. I need some fast money and the fastest way was to work here, because it’s flexible and I can make money pretty easy. So I decided to work here. Also, there is a probatory month which I can quit... View More

Wesley Winsor
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Wesley Winsor
answered on Nov 7, 2024

In Utah, employment is generally considered "at-will," which means that an employee can quit their job at any time without providing a reason or notice, and similarly, an employer can terminate employment at any time, barring any illegal reasons such as discrimination. This principle... View More

1 Answer | Asked in Consumer Law, Contracts and Copyright for Utah on
Q: Can a photographer use your photos to sell for profit in Utah?

I paid a photographer to take photos in two separate sessions. There were no contracts involved, she took my photos and I paid her for her services both times. She messaged me last night stating that she put my photos into a magazine that she created, and is going to sell them for profit at the... View More

James L. Arrasmith
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answered on Jul 31, 2024

You have every right to be upset about this situation. When you pay a photographer for their services and there is no explicit contract detailing the use of the photos, it's generally understood that the photos are for your personal use. The photographer should have asked for your permission... View More

1 Answer | Asked in Contracts, Estate Planning and Social Security for Utah on
Q: Can my SSI payee company who is paid for their services by Medicaid, refuse to print checks?

I am on SSI from the Social Security administration. I have a representative payee that's a company to receive my SSI and divvy it out to me on a regular basis. My payee issues me a weekly payment and has me use a debit card that I can use in the store or as an ATM. My payee is paid by... View More

James L. Arrasmith
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answered on May 17, 2024

It sounds like a frustrating situation. While representative payees have a lot of discretion in how they manage and distribute funds, they are supposed to act in the best interest of the beneficiary.

A few key points:

1. Payees should minimize fees when possible. If check printing...
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2 Answers | Asked in Contracts and Business Law for Utah on
Q: Small business owner's privacy violated?

Hello, I am a small business owner operating in Utah. I have been leasing since 2019 and not too long ago, the landlord sold the entire building including my contract to a new owner. Couple months ago, a manager from the new landlord came and brought with him a person with camera (looks like a... View More

Wesley Winsor
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Wesley Winsor
answered on May 1, 2024

Hey there! I'm sorry to hear about the situation you're facing with your business privacy concerns. It's definitely unsettling to find out that your business operations are now exposed on Google Earth without your consent.

Firstly, it might be a good idea to review your...
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1 Answer | Asked in Contracts for Utah on
Q: I recently purchased a car. I had 3 vehicles that I traded for 1. I didn’t know the exact mileage of 2 of the vehicles

At the time I was working the deal

I guessed the mileage and stresses it was a guess. When signing the contract the dealership had me sign a blank odometer statement as again, I didn’t know the mileage off the top of my head. We completed the deal and the sales person accompanied me... View More

Wesley Winsor
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Wesley Winsor
answered on Mar 7, 2024

Hey there,

It's essential to understand that preventing someone from filing a lawsuit isn't something you can do preemptively. The crux of the matter will likely revolve around the contract you signed. It's worth asking if there was a specific trade-in agreement or similar...
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1 Answer | Asked in Business Law, Civil Litigation and Contracts for Utah on
Q: If sales rep lies about a POS system and put us on a lease but we returned it w/in a week do we need to pay a buyout?

We request services from clover for our online business that has a rolling menu. We were under the impression we needed this device in order to help build a website and receive payments. The agent explained to us that it can do this and the monthly cost was roughly only 45$ a month. When asked what... View More

Wesley Winsor
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Wesley Winsor
answered on Mar 1, 2024

"Hey there! Ah, the classic tale of signing up for something that sounded as sweet as a rolling menu but ended up rolling you over instead.

1 Answer | Asked in Contracts and Landlord - Tenant for Utah on
Q: Can I renegotiate a lease before it’s expired?

My husband wrote a 3 year lease. We just got divorced. Can I renegotiate the terms and get his name off the lease? The HOA increased and the rent does not cover all cost associated with the property. Is there anyway I can change the lease to a yearly lease? Or increase the rent to cover the... View More

Wesley Winsor
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Wesley Winsor
answered on Feb 26, 2024

Landlords may consider renegotiating a lease to adjust terms, such as increasing rent, but it's crucial to remember that tenants are not obligated to consent. This is because tenants currently hold an enforceable contract. Alterations to the lease terms require mutual agreement unless the... View More

1 Answer | Asked in Contracts and Estate Planning for Utah on
Q: I know my father had a family trust. I doubt he ever put me on it. How do I search just in case?

I wasn't notified when my father passed on. My father's favorite 2 children are still living, no contact. He didn't want 3rd girl, my other siblings both died in their 40's, medical issues. My father said way back he had a trust & I was on it but later returned to his... View More

Wesley Winsor
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Wesley Winsor
answered on Jan 22, 2024

I understand your concerns regarding your father's family trust and the uncertainty surrounding your inclusion in it. Trusts are indeed private documents, and it can be challenging to ascertain whether you are a beneficiary without direct communication from the trustee.

To begin your...
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2 Answers | Asked in Contracts and Landlord - Tenant for Utah on
Q: Is an addendum a form of a lease?

A non-resident rents a garage and signed an addendum , then the apartment wants to raise the fee 100%.

Wesley Winsor
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Wesley Winsor
answered on Jan 5, 2024

It's essential to review the terms of the contract and the addendum closely. If the agreement specifies a fixed rate for a certain period, any increase that contradicts this would not be permissible. Ensure that the addendum, which is part of the lease, does not grant the landlord the right to... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for Utah on
Q: Is it legal for apartment management to get you sign a lease agreement for the next year before your lease is up?

They say they didn’t require it but they bribe with lower rent if you sign early.

Wesley Winsor
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Wesley Winsor
answered on Jan 5, 2024

Certainly, it's within legal bounds for your apartment management to offer a lease renewal before your current lease concludes, provided they've been transparent about the process. This is often done to ensure tenancy continuity. If they've proposed an incentive for early renewal,... View More

1 Answer | Asked in Contracts for Utah on
Q: School not out until next Tuesday but contract says weekend before holiday dose kid need to miss school?

Ex stated was worded that way to get extra days but my child can only miss so much school. No clauses about his education.

Kenneth Prigmore
Kenneth Prigmore
answered on Nov 14, 2023

I am sorry if there was any confusion. This is unfortunately not a contracts question. Please resubmit your question and label it Divorce Law and Family Law. You will get help from attorneys that can help with your situation.

1 Answer | Asked in Contracts, Real Estate Law and Probate for Utah on
Q: If 4 kids sell a house inherited & 1 nonexecutor says no after contracts start is that legal for a lien to be placed?

4 kids inherited a property from parents with 2 being an executor. After a closing date is set 1 nonexecutor kid places lien on property wanting price to be raised 200k. Price being sold is appraisal value. Is this allowed to stop closing of house and is there really a lien allowed to be placed on... View More

James L. Arrasmith
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answered on Nov 12, 2023

Based on the facts provided, it would likely not be legal for the non-executor sibling to place a lien on the inherited property to prevent the sale after contracts have been started. Here are some key considerations:

- If there are multiple heirs, the executors have authority to sell...
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1 Answer | Asked in Contracts, Employment Law and Civil Litigation for Utah on
Q: When signing a contract for a specific amount of hours per day can an employer cut those hours without consent?

I started working for a program that advertised and was written in my onboarding documents as paying 16 hours per day. They have since asked for the same level of comitment and hourly work but only will allow me to report 13 hours without getting approval beforehand for overtime. I never signed any... View More

Wesley Winsor
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Wesley Winsor
answered on Oct 6, 2023

Hello,

Utah is an at-will employment state. Meaning that either one of you can terminate the employer/employee relationship at any time for any reason.

From your description, I am not sure if you are a 1099 employee or an actual employee. Unless you are on salary I don't see...
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1 Answer | Asked in Consumer Law, Contracts and Personal Injury for Utah on
Q: When does the 21 day clock start ticking on the deadline to respond in a federal civil suit?

If one learns one has been named a defendant in a federal civil suit prior to actually being served (say, for instance, by coming across the complaint while reading other cases), does the 21-day "clock" start counting down to respond from the moment one first becomes aware one is a... View More

Wesley Winsor
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Wesley Winsor
answered on Jul 5, 2023

The clock doesn't start until actual service is made.

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