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Utah Contracts Questions & Answers
1 Answer | Asked in Civil Litigation and Contracts for Utah on
Q: filed quit claim deeds a few years ago on the home I live in and my three investment properties but lacked capacity.help

What do I need to do to get those voidable contracts voided or what's the next step to repairing the war zone that has become my life because I'm now homeless and I've lost a lot everything my life's work forgive the errors and no punctuation I'm talking into my phone

Wesley Winsor
Wesley Winsor answered on Nov 11, 2019

Not a lot of facts to go off of here, except that you are saying that you signed and recorded some quit claim deeds a few years ago while you lacked capacity and now you want to void the deed.

If you were under duress or undue influence by the person to whom you signed them over to, you...
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1 Answer | Asked in Contracts for Utah on
Q: what elements (four corners rule) must be included in breach of contract complaint

motion to dismiss complaint was upheld by judge

Wesley Winsor
Wesley Winsor answered on Oct 2, 2019

The four corners rule basically states that the Court will look no further than the four corners of the document (contract) to determine what the terms of the agreement are. The exception to this is if there are ambiguities in the contract, if there are the Court will look for outside information... Read more »

2 Answers | Asked in Contracts and Construction Law for Utah on
Q: Customer refuses to pay the remainder amount owed for work done on a construction job I did for him on his house.

So the mechanic lein is only paid if the house is ever sold.

Wesley Winsor
Wesley Winsor answered on Sep 23, 2019

Hello,

I am sorry to hear about this. Are they claiming a defect in the work? Did you have a contract that outlined the work and timing of payments?

In any case you have two remedies, you can usually put a mechanic's lien on the real estate, which will have to paid if the house is...
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1 Answer | Asked in Contracts and Small Claims for Utah on
Q: Do I have a chance to win this in court?

My CHOICE Home warranty (CHW) policy covers my HVAC

CHW sent a technician to evaluate my HVAC problem

CHW denied my claim:

“It has been determined that there is a restriction in the refrigerant line of the HVAC system. This contamination of the sealed system is the result... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 12, 2019

Lawyers are very intelligent and highly trained professionals--but we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe (no one can tell the future) and unable to opine on your current dilemma. The only way you can bee 100% sure if you... Read more »

1 Answer | Asked in Consumer Law, Contracts, Business Law and Communications Law for Utah on
Q: If I unknowingly signed a DocuSign Contract for my boss's company (that I am in no way authorized to sign) is it valid?

My boss told me to cancel his Waste Management service because his monthly trash bills were ridiculously high. I contacted them and told them I needed to cancel the service because it's too expensive. We have another provider that will do the same service for 100's less per month. They transfered... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

I do not practice law in Utah--but I am very well aware of how easy it is these days to trick people into doing something they never intended to do. However, that said, I also know how easy it is for THE BUSINESS (not you) to hire lawyer to take up the business' mantle and push back at corporate... Read more »

3 Answers | Asked in Contracts for Utah on
Q: What type of document would I use for an agreement with a supplier of a product

What type of document would I use for an agreement with a supplier of a product that has agreed to discount the sale price of their product to us in exchange for us optimizing their product listings on Amazon and working to boost overall sales of the product on the Amazon platform?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 3, 2019

Thank you for your question; you have created a great teaching opportunity:

Answer: There is no generic form because each contract is different.

FYI: Unlike the military, IRS, government agencies and all other bureaucratic organizations--that love to create standard forms that...
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2 Answers | Asked in Contracts for Utah on
Q: I live in Utah. Is there a way to legally cancel a membership to a trampoline park I purchased yesterday?
Wesley Winsor
Wesley Winsor answered on Jun 17, 2019

This depends on your contract. You need to first look at the contract. What are the terms for early cancellation?

I am not aware of any state law that allows someone to back out of a contract within a certain period of time. The best advice I would give would be to look at the contract...
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1 Answer | Asked in Contracts for Utah on
Q: Are Non Profit Organizations subject to Early Termination Fees for cancelling a service contract in Utah?
Wesley Winsor
Wesley Winsor answered on Mar 4, 2019

Yes.

It doesn't matter who the parties are, unless one of them is a minor or if fraud was involved. Non profits are just as liable as other people.

Wes

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Utah on
Q: If commercial lease has no damages clause, what happens if tenant is not in space by date noted in lease? get damages?

Landlord did not have space ready by the time lease said. Can I get damages from them even though there is no language in the lease about what happens in this case and no language about damages whatsoever?

Wesley Winsor
Wesley Winsor answered on Jan 10, 2019

In my opinion it would be difficult to persuade a Court that you should get damages. If the lease is silent on the matter, you would have to show detrimental reliance. Meaning, that they knew it would cost you if you didn't get the space on time, and that you relied on their representation that... Read more »

1 Answer | Asked in Small Claims, Contracts, Real Estate Law and Landlord - Tenant for Utah on
Q: I signed a contact for 12 months that states it auto renews after the 12 months unless they receive 30 days notice.

I am now trying to buy a house but they say I'm in a contact for 8 more months. I've lived here 1.5 years after the initial contact was complete. Is this legal? Is this something I can fight in court or is it something I more than likely will lose. They want 3 months rent for fees.

Wesley Winsor
Wesley Winsor answered on Jan 10, 2019

Contracts with auto-renewals are valid. It cuts both ways, if you didn't want to move they couldn't terminate the contract for another year.

More common than the auto renewal contract is the one that goes a month to month after the expiration of the initial term.

I am not sure...
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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Utah on
Q: What are my obligations to a contract when the company I entered it with is not registered with the state?

I am trying to move, but my landlord won't let me sell my contract/sub-let it even though the contract has a provision that allows it as long as the landlord agrees to it. Instead, they want to find a new tenant and increase the rent by $100. I combed through the contract and found that they signed... Read more »

Wesley Winsor
Wesley Winsor answered on Jan 4, 2019

Yes, the contract is enforceable. If the business is expired, the only thing that it means is that, they can get in trouble with the department of corporations and they may be personally liable rather than having the limited liability they probably thought they had.

I hope this helps....
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1 Answer | Asked in Contracts and Landlord - Tenant for Utah on
Q: If a property manager forgets to sign a lease is the lease void ? do I have to pay for damages on lease if voided?

I recently rented out a apt. the lease that was signed was a lease takeover that was for 6 months, during the last 3 months i requested a copy of the lease, I then noticed that the manager forgot to sign the lease. I then signed another contract with her ( which i still have a copy of) stating that... Read more »

Wesley Winsor
Wesley Winsor answered on Jan 4, 2019

Contracts are enforceable against those who have signed them. So if you signed a lease but the LL never did, then they could hold you to it, but you might not be able to hold them to it. Signatures are just one method of "acceptance" of a contract. Performance is another. So if you had a lease... Read more »

1 Answer | Asked in Contracts for Utah on
Q: Land Lord Breaches Contract but wont let me terminate the lease

i pay for rent, plus an extra sum of money for sewer garbage and water to the landlord. The landlord is supposed to pay for sew, garbage and water and is stated in the contract. The landlord never has paid for garbage so the city started to charge the garbage to me. so i was paying double. i want... Read more »

Wesley Winsor
Wesley Winsor answered on Dec 12, 2018

Good question, it seems like you have understood the issues correctly. Your question of whether the breach is a "significant enough" breach is on point.

I think that you could certainly make a good argument that it is. The buildup of waste on a property due to non-disposal could and would...
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1 Answer | Asked in Business Law and Contracts for Utah on
Q: For a reunion event planning business, should we have customers sign liability waivers? Is a click-through good enough?

Our customers are classmates who volunteer to be a reunion planner. These planners select dates and activities, and then we sell event tickets to the classmates. A lot of the venues require a signature to accept liability.

1) Should my business sign that document and then have our... Read more »

Wesley Winsor
Wesley Winsor answered on Oct 10, 2018

Hi,

Sounds like a great business. Yes, I think that if you are taking on the liability, then you will want to make sure that you are passing the liability on to the actual participants of those events.

Ideally your participants would take on the liability directly from the venue,...
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1 Answer | Asked in Contracts for Utah on
Q: we had lumber liquidators intall a floor for us in Utah the job is so bad we can't move into the home we want it replace

they damaged a vintage floor and now were not getting customer service to respond what can we do to get the floor we paid for

Wesley Winsor
Wesley Winsor answered on Sep 10, 2018

I am sorry for your frustration.

The first place would be to look at the service agreement or contract with Lumber Liquidators. If that doesn't have much, poke around on their website or call their customer service and instead of asking for them to fix it, ask for a copy of their...
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1 Answer | Asked in Contracts for Utah on
Q: Is it legal to have a deseased mothers name still on a Car title? My mother died in 2004..The car is licensed and insure

The registration is in my and my wifes name..But every year they send the renewal notice in her name..I live in SLC, Utah.. Is this legal?

Wesley Winsor
Wesley Winsor answered on Aug 15, 2018

Hello,

Although everything is working without having changed it, you should probably go to the DMV and fill out a small estate affidavit for motor vehicles to get her name off of the title. If you don't, your wife's siblings may have some claim on the car. The Personal Representative...
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1 Answer | Asked in Car Accidents, Contracts, DUI / DWI and Employment Law for Utah on
Q: I crashed a company vehicle (into dirt) and ended up getting a dui. My employer took damage costs out of my last check?

Is that legal? I never signed a contractual agreement to pay for any damage to company property.

Michael S. Edwards
Michael S. Edwards answered on Jul 10, 2018

Well, if you owe them the money for the damage you caused, it seems that they simply applied "self-help," and got the money back from you quickly through your check. I don't know that there is any legal action you can bring to recover the money, unless you truly don't owe the money to them.... Read more »

1 Answer | Asked in Business Law, Contracts, Employment Law and Gov & Administrative Law for Utah on
Q: Can you get sued if you are from a different country? Also, can chat messages serve as an emplyment contract?
Wesley Winsor
Wesley Winsor answered on Jun 8, 2018

Yes,

You can get sued if you are from a different country barring diplomatic immunity, but for the common traveler/tourist, yes you can be sued as long as you meet the minimum contacts in the states. The main question on this is Jurisdiction and service of process. An analysis would fill...
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1 Answer | Asked in Animal / Dog Law and Contracts for Utah on
Q: If I got a dog from an organization but months later changed my mind. Do I have to return the dog to them?

Yes we signed a contract but it was under $500 for the dog. I don’t see how they would have a right to her after a transaction took place.

Wesley Winsor
Wesley Winsor answered on Jun 8, 2018

Hello,

I am not sure I understand the situation. Let me see if I have this correct: 1) You purchased a dog from an organization for less than $500. 2) Later you changed your mind.

I am trouble understanding what 2) is intended to mean. Are you saying that you changed your mind...
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1 Answer | Asked in Contracts and Employment Law for Utah on
Q: Can a signed form within a company be changed after it had been signed and dated?

2/14/18 is when I signed to the pay increase of 12.48 per hour and sometime between 2/22-2/23 one of the other people on the document changed the pay increase to 12.21 per hour so I would be getting less money. They also did not inform me of this change nor did they ask me to sign a new form saying... Read more »

Wesley Winsor
Wesley Winsor answered on May 18, 2018

This is a good question, in addition to the issue of whether or not someone can enforce a contract that has been altered from the original provisions agreed to, there might be an issue of whether this was a contract at all.

In all contracts, there has to be "consideration" or something of...
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