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Utah Business Law Questions & Answers
2 Answers | Asked in Business Law, Contracts and Family Law for Utah on
Q: Do I have to give back my engagement ring after breakup if we never married?

I received an engagement ring as a promise to marry my ex-fiancé, but we broke up after six months without getting legally married or having a wedding. He hasn't asked about the ring but requested other belongings back. I live in Utah, and he lives in California. Do I have to give the... View More

Wesley Winsor
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Wesley Winsor
answered on Mar 14, 2025

Given the ring’s status as a symbol of a promise that didn’t pan out, and since he hasn’t brought it up, you’re not obligated to proactively return it. But if he requests it, the default legal stance in both states leans toward giving it back unless you have a solid reason tied to his fault... View More

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2 Answers | Asked in Probate, Gov & Administrative Law and Business Law for Utah on
Q: How to access sister's account at CalCoast after her passing?

My sister passed away in Pennsylvania last month, and I live in Utah. We both banked at the same place in San Diego, California, at CalCoast Credit Union. I have her will, other documents, and her death certificate. Although I am the appointed executrix of her estate and I have obtained a form from... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Feb 21, 2025

I am sorry to hear about your difficulty with the bank! You can always retain an attorney in California that can represent you at the bank. You can also sue the bank in California. In the Petition you would request that the Court force the bank to honor your court appointment as executor.... View More

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2 Answers | Asked in Probate, Gov & Administrative Law and Business Law for Utah on
Q: How to access sister's account at CalCoast after her passing?

My sister passed away in Pennsylvania last month, and I live in Utah. We both banked at the same place in San Diego, California, at CalCoast Credit Union. I have her will, other documents, and her death certificate. Although I am the appointed executrix of her estate and I have obtained a form from... View More

Wesley Winsor
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Wesley Winsor
answered on Feb 21, 2025

Sorry to hear that the bank’s giving you a hard time, asking for more documents and an in-person visit, which is tough because of your age and health. I am licensed in Utah so these this generic advice informed by Utah law; you would be best to seek the advice from a Pennsylvania attorney.... View More

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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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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

James L. Arrasmith
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answered on May 1, 2024

I'm sorry to hear about your situation. It sounds distressing to discover your business's private details exposed in such a public manner. First, it's important to understand your rights under the lease agreement and local privacy laws. Check your lease for any clauses regarding... View More

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1 Answer | Asked in Business Formation and Business Law for Utah on
Q: How do you start a self-employed private service provider?

I would like to start teaching cello but not accidentally commit tax fraud.

Wesley Winsor
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Wesley Winsor
answered on Mar 5, 2024

It's great to hear about your interest in teaching cello! To ensure you navigate this new venture without any tax-related issues, it's crucial to meticulously record all your expenses and income. This will not only help you manage your finances better but also simplify your tax filings.... View More

1 Answer | Asked in Business Formation, Business Law and Government Contracts for Utah on
Q: When referring to a DBA, is there any other legal term that can be used instead of "a company of.."? Like for websites?
Wesley Winsor
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Wesley Winsor
answered on Jan 9, 2024

It seems like you're inquiring about alternative legal terminology for "a company of..." in the context of a DBA, which stands for "doing business as." Just to clarify, a DBA is simply a declared alias that a company or an individual is using for their business activities.... View More

1 Answer | Asked in Business Law and Construction Law for Utah on
Q: My previous client is trying to bill me for a valve he purchased. What legal standing does this have?

I have a very small tile installation business. I am both licensed and insured. I recently completed a shower for a client who claims I cut a hole on a tile "too large" and that the valve wouldn't fit. I cut the hole to a standard valve size which also matched the one below it. He... View More

Wesley Winsor
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Wesley Winsor
answered on Dec 12, 2023

Hello,

You probably have nothing to worry about. The home-owner is likely trying to see if you will pay something. Until he gets an attorney involved, I wouldn't get too worked up abou it. Here is an anlaysis of it though:

In general, the legal standing of a client's...
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1 Answer | Asked in Divorce, Business Law, Real Estate Law and Family Law for Utah on
Q: Can I, as the wife breadwinner in Utah, open a separate account pre-divorce?

In Utah, I am the wife and primary breadwinner considering filing for divorce. We currently have no prenuptial or postnuptial agreements. Our main checking account is funded by my paycheck, and we have shared savings, investments, annuities, and a 401k. We have not discussed financial separation or... View More

James L. Arrasmith
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answered on Oct 16, 2025

Yes—you may open a separate account in Utah and route your paycheck there. Doing so does not change the character of wages earned during the marriage; they remain marital property subject to equitable distribution at divorce.

Before any case is filed, avoid dissipating marital assets:...
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1 Answer | Asked in Divorce, Child Custody, Business Law and Family Law for Utah on
Q: Does my wife's affair affect her divorce rights in Utah concerning custody and asset division?

If my wife has an affair during our marriage in Utah and insists on a divorce, how does this affect her rights? We have no prenuptial agreements, share a home with her name on the mortgage, and have an 8-year-old son. Despite my desire to work things out, she is asking for half of our assets. How... View More

James L. Arrasmith
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answered on Sep 8, 2025

In Utah, adultery itself does not automatically strip a spouse of property or custody rights. The state follows an equitable distribution system, which means the court divides marital property fairly, though not always equally. Since your wife’s name is on the mortgage, that will be considered,... View More

1 Answer | Asked in Business Law, Business Formation, Contracts and Arbitration / Mediation Law for Utah on
Q: How to settle LLC ownership dispute without written agreements?

I am in a business ownership dispute with my partners in a Limited Liability Company (LLC), and there are no written agreements in place. How can I find out everyone's legal rights, and what is the most cost-effective way to settle this dispute?

James L. Arrasmith
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answered on Jul 26, 2025

When there’s no written operating agreement, the default rules in your state’s LLC statute will usually determine how decisions are made and how ownership interests are handled. You can start by reviewing the Articles of Organization filed with your state and checking any records that show... View More

1 Answer | Asked in Contracts, Business Law and Real Estate Law for Utah on
Q: Legal issues for selling a vehicle with a title loan in Utah?

I'm in Utah, and I took out a title loan on my vehicle. I sold the vehicle under a written contract in which the buyer agreed to pay $300 every Friday for three weeks. The buyer breached the contract by not making the second and third payment on time, and they have not paid the final payment... View More

James L. Arrasmith
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answered on Jul 26, 2025

Selling a vehicle that has an active title loan on it can lead to legal and financial complications, especially if the lienholder—the title loan company—was not informed. In Utah, the title loan company holds a lien on your vehicle until the loan is paid in full. That means you technically... View More

1 Answer | Asked in Civil Litigation, Contracts and Business Law for Utah on
Q: How can I get my customized gun back from an unresponsive gunsmith in Utah?

I live in Utah and have a gun being customized by a gunsmith. It's been 11 years, and despite his repeated promises to complete the work, he hasn’t responded to texts or phone calls since October 2023. I've visited his location and attempted to contact him with no success. I want to... View More

James L. Arrasmith
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answered on Jun 12, 2025

That’s a long time to wait, and it’s completely understandable that you want your firearm back without turning it into a criminal issue. Even without a written contract, your gun is still your legal property, and the gunsmith has no right to keep it indefinitely—especially without... View More

1 Answer | Asked in Business Law and Consumer Law for Utah on
Q: Is adding a 20% gratuity to open bar tabs legal in Utah?

In Utah, is it legal to add a 20% automatic gratuity to bar tabs left open at the end of the night when there is conspicuous signage at every register? We aim to ensure our service staff, who earn $2.13/hour, are compensated. We pre-authorize cards and allow adjustments to the gratuity the next... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Utah, adding a 20% automatic gratuity to open bar tabs is generally permissible if patrons are clearly informed about this policy beforehand. This practice is often employed to ensure fair compensation for service staff, especially when tabs remain open at the end of the night. To implement this... View More

1 Answer | Asked in Business Law, Tax Law and Consumer Law for Utah on
Q: Is it legal to add an automatic gratuity to open tabs at a bar in Utah and use signage for customer notification?

I'm a bar owner in Park City and we're handling a large number of open tabs each weekend due to pre-authorizing credit cards and returning them to customers. Many don't close their tabs. We've considered adding an automatic gratuity if the tab isn't closed by the end of the... View More

James L. Arrasmith
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answered on Apr 12, 2025

Yes, in Utah, you can legally add an automatic gratuity to open tabs at your bar, provided you follow specific guidelines. According to Utah Admin. Code R865-19S-94, if a gratuity is mandatory and included on a patron's bill, it is considered a service charge and is subject to sales tax.... View More

2 Answers | Asked in Business Law, Insurance Defense and Civil Litigation for Utah on
Q: Insurance broker negligence leading to business shutdown in the 10th Circuit.

I am dealing with a situation involving insurance broker negligence in the 10th Circuit. I believe the broker was negligent and breached their duty, which led to the shutdown of my business. I have written communications and agreements with the broker related to this incident. How should I proceed,... View More

Tim Akpinar
Tim Akpinar
answered on Apr 7, 2025

A Utah attorney could advise best, but your question remains open for two weeks. It could be difficult for any attorney to tell you how to proceed in response to your question. More likely, if you reached out to attorneys, they would probably recommend a consult to review your insurance... View More

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1 Answer | Asked in Business Law, Intellectual Property and Contracts for Utah on
Q: Who owns rights to scans of cosplayers and use in games?

I started a business doing 3D scans at comic conventions where I scan people dressed as copyrighted characters, such as Deadpool. I give the scan to the customer after payment and haven't obtained any permissions or agreements regarding the copyrighted characters. I'm trying to determine... View More

James L. Arrasmith
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answered on Mar 12, 2025

When you create a 3D scan of someone dressed as a copyrighted character, the rights to the scan become complicated. Generally, the copyright owner of the original character, such as Marvel for Deadpool, retains exclusive rights to reproduce or profit from their intellectual property. Simply... View More

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 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 Business Law, Divorce and Family Law for Utah on
Q: If my wife helped me with my business and we get divorced am I obligated to keep paying her if she no longer helps?

The business license is in my name. She is considered an employee on taxes. I can do everything without her help. She can't operate the business without me. Its a strictly labor based business. Small home based business. Just us 2 working the business.

Wesley Winsor
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Wesley Winsor
answered on Nov 6, 2023

Is she an owner of the business or just an employee? If she is an owner than every time you take an owner's draw she needs an equal amount distributed to her. I would have thought that the divorce decree would have addressed this issue. If it hasn't addressed this issue, then here are... View More

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