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Utah Contracts Questions & Answers
0 Answers | Asked in Business Law and Contracts for Utah on
Q: What percentage of my interest of my LLC can I sell?

I own 49% interest in an LLC. The bylaws read: "A Manager may not sell more than forty percent (40) of interest in the Company. If a Manager desires to sell his or her total Shareholder Interest, a minimum of ten percent (10%) of Shareholder Interest must be sold to the other Manager for the... View More

0 Answers | Asked in Landlord - Tenant and Contracts for Utah on
Q: manager of self storage illegally seized my property after I paid my rent and late fee and sold my property.

i need help suing the manager of a self storage for illegally locking me out of my unit and denying me access to my property. she didn't go thru the legalities of the lien process and sold everything I owned. my parents and only brothers ashes were in this unit family heirlooms grandmas china... View More

0 Answers | Asked in Consumer Law, Contracts, Civil Rights and Landlord - Tenant for Utah on
Q: Can I sue for illegally locking me out of my unit and selling my property after i paid my rent and fees?

in nov 3rd i paid over 900 in rent and late fees which I only owed for aug and nov my rent was only 179 a month. nov 23rd I went to start removing my property and the manager said the DA told her to lock me out of the unit because I had stolen property. I asked for something in writing and she... View More

0 Answers | Asked in Contracts, Education Law and Entertainment / Sports for Utah on
Q: My son was told that he is academically ineligible to play football what are my options

Had a 1.94 GPA 2.0 is needed however one of his teachers messed up on his grade and the grade has now been changed to a 2.4 however they are saying he's still ineligible I think it's due to the athletic director not wanting to put in the effort to put in the correct paperwork to fix it... View More

0 Answers | Asked in Contracts, Education Law and Entertainment / Sports for Utah on
Q: My son is on the high school football team and was told he's academically ineligible what are my options. The school not

Is not helping us he has a 1.94 he needs a 2.0 however one of his teachers changed his grades so now his grade is changed so he has a 2.2 and they still are saying he's ineligible I haven't talked to the principal yet. I've just been dealing with the athletic director. What are my options.

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.

1 Answer | Asked in Contracts and Family Law for Utah on
Q: if a Utah marriage certificate was signed under duress and did not have an actual 2nd witness, is it a binding contract?
Kenneth Prigmore
Kenneth Prigmore
answered on Jun 20, 2023

What is more important than the certificate is how long you have been married. Clerks make errors on certificates all the time, but that does not automatically void them. Similarly, who signs the certificate and when are not normally a problem.

Your question sounds like you may feel forced...
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2 Answers | Asked in Contracts and Employment Law for Utah on
Q: As an independent contractor, how do I go about after clients who don’t pay after agreeing to a contract?

I was working online remotely for a company based out of California as an independent contractor and they were due to pay the remainder of what they owed us and they never did. The total came out to over $9000 and all attempts to get them to pay have been met with dead ends.

Wesley Winsor
PREMIUM
Wesley Winsor
answered on May 30, 2023

You mentioned in your prompt that they agreed to a contract. I assume that means that you have a contract signed by the company regarding the terms of your services. First look to the contract and see what it says under default.

If you are just using the word "contract" as a...
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3 Answers | Asked in Employment Law and Contracts for Utah on
Q: Is it legal for employer to ask for my lease agreement? They'll only pay relocation once they get a copy of signed lease

Employer gave us the option of "quit or relocate" and the relocation package offer has a term stating they'll only pay for relocation expenses (minus taxes) 30 days after they receive a copy of the signed lease. I'm located in UT. Company is in CA.

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

You don't really get "pay" for relocating, it could be a job benefit to receive expenses for relocation. It would not be proper for any employer, CA or UT to withhold your wages for failing to provide proof of a lease agreement. Wages are earned for work performed, not relocation.... View More

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1 Answer | Asked in Contracts for Utah on
Q: I recently purchased a vehicle at a dealership. I was lied to and purchased the service contract. Can I still cancel?

I bought a service contract 23 days ago, and it says you can only cancel within 10 days. There were some important details about the service contract that the salesman lied to us about in order to convince us to buy it. Is misrepresentation a good idea to successfully have contract cancelled?... View More

Benton Matthew Eskelsen
Benton Matthew Eskelsen
answered on Mar 30, 2023

You may be able to fight this contract but additional information would be needed to give a meaningful evaluation. Typically, when you sign a contract you are expected to know the contents thereof and often times such contracts disclaim representation made by employees regarding the contract. It is... View More

1 Answer | Asked in Contracts, Copyright, Criminal Law and Intellectual Property for Utah on
Q: Can a storage facility be sued for violation of an NDA

I am writing a book about real events that happened to me/family. I stored the documents for my book in a storage facility. The owners signed an NDA to be able to read my book so far. I moved out of state and they sold my property for non-payment. Can I sue them for breaching the NDA by disclosing... View More

John Michael Frick
John Michael Frick
answered on Feb 11, 2023

No. Your non-payment constitutes a prior material breach that authorized them to sell your stuff and excuses their breach of the NDA.

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... View 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...
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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... View 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... View More

Wesley Winsor
PREMIUM
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... View More

Wesley Winsor
PREMIUM
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... View 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...
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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... View 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.... View More

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