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Utah Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Utah on
Q: seller wants to backout

hi I need some advice. I am in UTAH , I am seller of my house. Buyer of my house did not pay the earnest money with in 4 days of offer acceptance( he paid after 5days and did not inform us ). Can I back-out from selling contract? and What other clauses can help a seller backout?

Brian Craig
Brian Craig answered on Nov 25, 2019

If the real estate purchase contract has a "Time of the Essence" clause or provision, this could help the seller rescinding the contract in this type of situation. The general rule with regard to contracts for the sale of land is that time is not of the essence unless the parties expressly... Read more »

1 Answer | Asked in Real Estate Law for Utah on
Q: My father and his brother bought some property together and have a deed showing they are the sole owners of the property

My Uncle passed away, he did not leave a will. So what does my father now need to do? Does this need to be filed with probate court? Or does this now fully pass to my father?

Kenneth Prigmore
Kenneth Prigmore answered on Oct 15, 2019

The answer depends on how your father and uncle owned the property together. If the deed says they are "joint tenants" then your father will receive sole ownership of the property. That would only require a simple document recorded with the county with a copy of the death certificate.

If...
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2 Answers | Asked in Real Estate Law for Utah on
Q: Thier wasnt a will she sold the house right before she die an she had the money in her bank
Wesley Winsor
Wesley Winsor answered on Sep 23, 2019

If your question, is how do I get money out of the bank, then a child of the decedent or surviving spouse may be able to do it with a small estate affidavit providing that she has less than $100k in personal property including what is in the bank.

Wes

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2 Answers | Asked in Real Estate Law for Utah on
Q: Thier wasnt a will she sold the house right before she die an she had the money in her bank
Wesley Winsor
Wesley Winsor answered on Sep 23, 2019

If your question, is how do I get money out of the bank, then a child of the decedent or surviving spouse may be able to do it with a small estate affidavit providing that she has less than $100k in personal property including what is in the bank.

Wes

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1 Answer | Asked in Real Estate Law and Probate for Utah on
Q: my dad died we lost house he had paid for need help fast

my dad passed i am benificuary on a bunch of stuff i need help getting and my dad bought a house and has over paid for it the person we bought house from kicked us out and threw away all my dads stuff and sold house we want her to pay and give us our house back

Wesley Winsor
Wesley Winsor answered on Aug 20, 2019

Hello,

I am sorry to hear about your Dad's passing. This can be a difficult time as his affairs are wound up. Who is executor or did your Dad have a will? Has anyone started a probate proceeding? If you are a child and an heir you would have probably received notice of this....
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3 Answers | Asked in Criminal Law and Real Estate Law for Utah on
Q: How do i prevent someone from coming onto my property when they have been verbally instructed not to but still do.

There has been physical altercation between the individual and one of the residents as well. Despite numerous times of being told to not come onto our property or into our home the individual has continued to do so. It is the boyfriend of one of our children. Neither are residents.

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Aug 16, 2019

This is not a criminal law issue or question.

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1 Answer | Asked in Real Estate Law for Utah on
Q: Hi, my mother just passed. I am one of her sons and she has no living spouse. What happens with her home?

She had a living will but it's from years ago and not notarized or anything. Also, has a power of attorney as one of the sons. But again not notarized.

Kenneth Prigmore
Kenneth Prigmore answered on Jul 16, 2019

It depends on a few things. Who are listed on county records as the owner of the home. Sometimes this may surprise you. If she signed and recorded a deed placing her property in a joint tenancy with someone else, that person now owns the property.

If she did not leave a will or trust...
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1 Answer | Asked in Real Estate Law for Utah on
Q: A/C in apartment broken for two months. Works in all units but mine. Can I withhold rent in Utah for this?

The owner paid to have someone fix the a/c and got it working in all units but mine. I am currently on a month to month plan because I am over on my lease. With that they charge additional rent plus a $100 month to month fee. I have told them many times that the a/c still isn't working in my... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Jul 9, 2019

You are free to negotiate your rental costs on future months, but your choice to stay is your acceptance of any past agreements that will cover the current month. If the landlord fails to provide a service that was previously agreed to, (perhaps AC has been part of the lease?) then you have an... Read more »

1 Answer | Asked in Real Estate Law for Utah on
Q: Is it legal for the neighbor to remove a fence on our shared property line without our consent?

Our joint fence was completely removed, and they have embarked on a 5 week process to construct a retaining wall and new fence. We were given no written plan or written notice. They have excavated on our property, and they are trying to get us to pay part of their project.

Kenneth Prigmore
Kenneth Prigmore answered on May 28, 2019

If both landowners paid to install a fence directly on a property line in the past, then yes, they need your permission to remove or replace the fence. Many fences are not built on a property line, but are instead just on one property or the other.

If you have had your land surveyed, you...
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1 Answer | Asked in Foreclosure and Real Estate Law for Utah on
Q: If I've paid off a home equity can they charge me attorney,appraisal fees, and owe property tax home insurance

Included mortgage payment in to escrow. I receive a letter to pay or I'm in default

Kenneth Prigmore
Kenneth Prigmore answered on May 8, 2019

As it has been five weeks since you posted, I suspect you have already been forced to make a decision. In case this issue comes up again, most of your relationship with the mortgage company is controlled by contract. Many lenders will agree to waive mortgage insurance if your equity exceeds a... Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Utah on
Q: My dad's landlord has been collecting rent from my dad and today we found out due to code enforcement that we have 10

Days to move cuz it is city property. Not our landlords. He refuses to refund any money or help with moving costs. We signed a lease and everything. What are our rights?

Kenneth Prigmore
Kenneth Prigmore answered on May 8, 2019

Since 10 days have already passed, I assume you are already out of the property, unless you retained an attorney that was able to help you work something out with the city. In regards to paying rent and getting a refund from the landlord, any rent paid in advance for days you aren't allowed to live... Read more »

1 Answer | Asked in Real Estate Law for Utah on
Q: as the Grantor can i have a virginia quitclaim deed notarized in utah?

as per my divorce settlement, i am required to file a quit claim deed for joint property in virginia, however i now live in utah.

Wesley Winsor
Wesley Winsor answered on Mar 4, 2019

Yes,

You can sign a deed and have it notarized here then record it in Viriginia. Utah Notarized documents are respected and honored in Virginia or anywhere else in the U.S. for that matter.

1 Answer | Asked in Real Estate Law for Utah on
Q: I am buying out my co-owner on a residential home for an agreed amount of $62,350.

Our agreement is he gets $50,000 now and signs a warranty deed and the balance of $12,350 after/when the house is sold in the very near future. Is it to my benefit to use a promissory note of a trust deed for the $12,350

Wesley Winsor
Wesley Winsor answered on Mar 4, 2019

Not sure I understand. He is signing the deed now? If so then, you would be giving him the promissory note for the remaining $12,350.

Trust deeds are secured by land, promissory notes do not inherently have any collateral attached to them. As you are the borrower in this case, it is best...
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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 Real Estate Law and Civil Litigation for Utah on
Q: Is it possible for a company to buy half a house if im just on the deed. And the homeowner has not signed on his end?.

If it is possible does that company have the right to kick me out of the home?

Wesley Winsor
Wesley Winsor answered on Dec 12, 2018

As long as you are on the deed, they are unable to kick you out. You are an owner. House ownership can be split among persons and sold separately from each other. Each owner will have an undivided right of use and enjoyment of the property ( you can's draw a line in the middle of the house and... Read more »

1 Answer | Asked in Real Estate Law for Utah on
Q: What is the meaning of "proportionate" in determination of HOA fees under 57-8a-201/
Wesley Winsor
Wesley Winsor answered on Dec 12, 2018

The term "proportionate" isn't defined in the act and therefore you would need to look to CC & R's of HOA itself. If it is not defined in the CC & R'rs then it would take the ordinary meaning in an HOA or industry context.

I hope this helps.

Wes

1 Answer | Asked in Real Estate Law for Utah on
Q: You I've been renting a room in a Utah home for a year and a half.

She increased the rent from $500/month to $650/month when me lease expired at 6 months. I never got a copy of the original lease. What rights to I have regarding being evicted for a late payment of the monthly rent.? The best proof I have of living here is a USPS Informed Delivery account they gave... Read more »

Wesley Winsor
Wesley Winsor answered on Dec 12, 2018

Hi,

You have the same rights as any other tenant who defaults on the lease. You could ask for a copy of the lease. Have you tried to do that?

Basically, if you are defaulting for payment, the Landlord has the right to evict you because you are breaching the contract. If the...
Read more »

1 Answer | Asked in Real Estate Law for Utah on
Q: I want to add my son's name to the title of my house as joint tenancy. The title is free and clear. How do I do that
Vincent Gallo
Vincent Gallo answered on Oct 20, 2018

You would properly prepare, execute and acknowledge the deed and ancillary transfer forms required by the county clerk and then record them with the county clerk.

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