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Utah Contracts Questions & Answers
1 Answer | Asked in Contracts for Utah on
Q: Can I get a power of attorney for my girlfriend to sign apartment applications and possibly apt lease for me?

I will be out of state due to work the next week. Me and my girlfriend are trying to get an apartment and I want her to be able to fill out applications and with any luck an apartment lease while I am gone. Can this be done with a power of attorney?

Kenneth Prigmore
Kenneth Prigmore answered on Aug 13, 2020

Yes. A power of attorney can be prepared which is broad to allow her to sign anything for you, or limited to just apartment applications and lease.

1 Answer | Asked in Contracts and Real Estate Law for Utah on
Q: Is it true in Utah the title company has three days after the contract closing date to receive good funds for purchase?
Kenneth Prigmore
Kenneth Prigmore answered on Jul 28, 2020

If you are refinancing your home, the bank is required by law to give you 3 business days to change your mind and cancel. So the bank doesn't allow the funding to be released for 3 business days. The bank rarely will send the funds early to the title company, but they will tell them not to... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Utah on
Q: My lease expired June 1, 2020 now on month to month. Served a 3 day pay or vacate. Do I have 3 days or 15 to vacate?
Wesley Winsor
Wesley Winsor answered on Jul 13, 2020

You should look at your lease agreement, but typically you have to give 30 days notice before someone can terminate the lease.

So, it automatically renews if no one has given notice of "non-renewal of lease" for another 30 days. Unless you haven't paid rent, he...
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1 Answer | Asked in Contracts and Landlord - Tenant for Utah on
Q: My landlord threatened to end our lease agreement although it doesn't say anywhere in the contract that he can do that?

he doesnt want to fulfill what's in the contract. He gave me options whether I stop asking him for things based on the contract or he will take me to court and exercise the letter of law. I am a paying tenant, I never pay my rent late, even during my business' shutdown due to COVID19. I... Read more »

Wesley Winsor
Wesley Winsor answered on Jul 13, 2020


I am sorry that you are in this situation. I am not sure that you have a question in your comments. It does sound like you are on the right side of the law and you could start enforcing the breach of contract actions that are most likely listed in your agreement. Maybe there is a...
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1 Answer | Asked in Contracts for Utah on
Q: Can a 17-year-old sign a lease agreement for an apartment in the state of Utah? If not, can the parents co-sign?

I am 17 and about to go into college. My birthday falls in a weird place and I do not turn 18 until two months after the school year starts. I have an arrangement with a friend to share an apartment because neither of us can afford to stay in the dorms. My parents are okay with this and are willing... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Jul 13, 2020

The answer lies in the state where you will be going to school. Whether or not you can sign a contract with someone will depend mostly on them. If they want to let you sign it and then try to enforce it later when it was signed by a minor, that is the landlord's problem. They might still... Read more »

2 Answers | Asked in Real Estate Law and Contracts for Utah on
Q: HOA Put cloud on title for fees outside statute of limitations causing cloud on title. What remedies do we have?

The HOA sent an invoice for years outside the statute of limitations that were never given to the heirs until after the owners death.

When the owners went to sell, the hoa put a cloud on the title to collect the full amount, even though most of it was outside of the Nevada Statute of... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Jul 8, 2020

If the condo is in Nevada, then you will need an opinion from a Nevada attorney. Suing someone for interference with a contract is possible, but normally you have to prove exactly how much money you lost. If you sell the home to someone new, and get the same amount as was in the original contract,... Read more »

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1 Answer | Asked in Contracts, Estate Planning, Admiralty / Maritime and Banking for Utah on
Q: website doesnt have UCC 9-105 (1)(n) & (1)(h) listed, do u have link to where I can view them online
Tim Akpinar
Tim Akpinar answered on Jun 30, 2020

It looks like some of the other ordinary resources that post UCC 9-105 (Control of Electronic Chattel - Paper) do not include them. You posted under Admiralty/Maritime - I checked but could not find cross references under ordinary maritime laws I work with. The attorneys familiar with banking... Read more »

2 Answers | Asked in Contracts and Collections for Utah on
Q: What steps do I need to take to sue someone in a different state

Old roommate broke lease when we moved out a month early, we paid rent to her for last month of lease and she moved out right after us breaking the lease which she was also on, we were sued and had to pay full amount plus interest and fees as she moved to California

Wesley Winsor
Wesley Winsor answered on Jun 26, 2020

You don't have to sue her in California, you only have to get her served there. You can sue her in Utah. I would suggest going through the small claims court here. If you know where she lives, then file suit here, hire a process server to serve her the summons and complaint, if she... Read more »

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2 Answers | Asked in Contracts, Criminal Law and Civil Rights for Utah on
Q: I was protesting recently and got arrested and charged with indecent public display.

Currently I work as an exotic dancer and I am licensed with an SOB license. If I go in front of a judge and am found guilty of this, would that revoke my license, I can't find anything online regarding it, it says I need to tell them any past arrests but not what would revoke it. I can't... Read more »

Ian Quiel
Ian Quiel answered on Jun 2, 2020

The answer would depend on which municipality issued your SOB license. It also depends on what exactly you are being charged with. An arrest or conviction could possibly impact your license. You should contact an attorney immediately if you have been charged in connection with the recent protests.... Read more »

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1 Answer | Asked in Contracts for Utah on
Q: Can I sue the person I Co-signed for, if they didn’t pay and aren’t willing to pay.
Kenneth Prigmore
Kenneth Prigmore answered on May 21, 2020

Definitely. When you cosign, the person you are helping gets a house or car and you normally get nothing. If that is the case, and you have to make the payments, you can demand that they give you the house or car, or at a minimum make their own payments.

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Landlord - Tenant for Utah on
Q: I HIRED A guy for home improvments 1200.00 up front. said he could park his trailer on property untill he finishes,

one month ago he has made, no progress bought no materials, and is using the garage as a storage unit, i never allowed use of garage. i want him gone i want to move his stuff to storage for 30 days like i would a tenant who has left there things behind. i would call this theft by deception for... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Apr 4, 2020

You need an attorney who practices eviction and real estate law.

1 Answer | Asked in Contracts and Real Estate Law for Utah on
Q: Any entitlem to any monetary settlements/damages due to a change of lending programs which delays closing and funding

We are supposed to close and fund on April 16th with the buyer using a FHA loan. We found out today that they changed to a USDA loan and could possibly delay funding past April 16th. I am paying for a moving company to move to Texas, closing on a new home on April 16th in Texas, and have to start a... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Apr 4, 2020

This is obviously a very difficult situation. The short answer is look to your contract. Unless it specifically promises you will get the damages you are describing, you are not likely to get them.

Your relationship with the buyer is tightly controlled by the deadlines in your Real Estate...
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1 Answer | Asked in Contracts for Utah on
Q: Do i have 3 days to cancel a lease agreement
Wesley Winsor
Wesley Winsor answered on Mar 20, 2020

You only have 3 days to cancel the lease agreement if the lease agreement gives you that option. There is no state or federal statute that will give you that right. If the place is deficient or "uninhabitable" then you would be able to cancel on the ground that the Landlord is breaching... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Personal Injury for Utah on
Q: wrongful eviction with a plan that involves roomate and neihbors

my landlord evicted myself and my boyfriend said he had no choice. the neighbor tried to get us to swap her daughter apartments but we said no, my boyfriends roomate made the choice to talk to the neighbors and the landlord and they all agreed that me and my boyfriend should be evicted, and then... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 3, 2020

If your eviction is still pending, a landlord-tenant attorney could advise in the best manner - or given the difficult situation, you may have already decided to start looking into other places at this point. Good luck

Tim Akpinar

1 Answer | Asked in Contracts and Workers' Compensation for Utah on
Q: Does my employer have any right to clawback a 2019 bonus if I put in my 2-week notice on the same day as bonus payout?

I accepted a new job offer and it requires me to put in my 2-weeks notice to my current employer on the same day I get my 2019 performance bonus paid out. Does my current employer have any legal right to clawback my bonus if it has already cleared in my account?

Kenneth Prigmore
Kenneth Prigmore answered on Feb 7, 2020

No. Bonuses, though voluntarily paid on top of other compensation by your employer, are still considered wages in the eyes of the IRS. Bonuses are paid for past performance, with the hope that you will continue to work at that level.

Once they have paid you, they can't take it back....
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1 Answer | Asked in Contracts and Employment Law for Utah on
Q: Do I have any legal grounds as after a promotion at my place of work, my wage did not increase and company will not pay?

I was promoted to a manager position in September. This was to come with a $.50 increase in my wage. I've just noticed today on a pay slip that my wage had not changed at all. After looking over this, my GM raised my wage to the appropriate amount but refuses to back pay as she does not have... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 29, 2019

You can take them to small claims court. It will cost at least $100 to file the claim. You will need to show proof of when you were made a manager and started doing work that managers do. You will want to weigh the effects of suing your own company with the benefit of obtaining the unpaid $300.... Read more »

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

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


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...
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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 »

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