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Utah Questions & Answers
1 Answer | Asked in Real Estate Law for Utah on
Q: If I’m a buyer on a house, can I still rent a different house?
Kenneth Prigmore
Kenneth Prigmore answered on Apr 29, 2021

There is no limit to the number of homes you can rent and buy at the same time. One important thing to remember is that many home loan agreements require you to personally live in the home you get the loan on for a specific period of time. Some as much as a year or more.

1 Answer | Asked in Real Estate Law for Utah on
Q: My wife upset my property manager, who is now trying to order us to paint our house claiming it's non compliant.

Other complaints against us since my wife upset him have been universal throughout the park, Bikes near but not in garage, etc. We lived here for 2 years largely left alone, I believe this is antagonistic retaliation.

Kenneth Prigmore
Kenneth Prigmore answered on Apr 29, 2021

I am sorry to hear that things aren't going well with your landlord. Your relationship is legally defined by state law and the contract. If the contract says you must paint, or if you are being required to do anything else that is in the contract, you normally will have to do it or you will be... Read more »

1 Answer | Asked in Animal / Dog Law, Estate Planning and Probate for Utah on
Q: My neighbor, a close friend, asked me to take his dog when he died. He died of cancer last week.

When he was alive, he told me that he put his dog in his will and specifically told me that it was important (he was acting very cryptic and secretive about it). His estranged wife keeps asking me if I'm going to keep her. I told her yes, and that I suspected my friend (her estranged husband)... Read more »

Wesley Winsor
Wesley Winsor answered on Apr 26, 2021

If you are to receive his dog (which is deemed "property") then you are a beneficiary of the will. As such, you are entitled to see the Will unless the Will says otherwise (something like, no beneficiary is entitled to a copy of the will and will be subject to judicial review only).... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Do I owe roommate rent back for April if she moved out on her own April second without giving me notice?

Roommate moved out voluntarily without giving me notice and is now threatening to take me to small claims court for Her portion of rent since she no longer lives here. We have both signed the the release of residents form to remove her from our lease after she decided to move out. This form states... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Apr 20, 2021

The short answer to your question is "possibly". In my experience small claims court judges each have their own mind about what should happen, even more than your average district court judge. If either party is unhappy with their small claims judgment, they can spend more money to start... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: Is the good samaritan law differ from someone calling for a well fare check, where the caller of the check is protected

I was sitting in my vehicle sleeping outside my ex-girlfriend’s house. I woke up and saw four police officers approaching the vehicle, one of the officers asked me to roll down my window. (I replied to him my car is turned off) He then asked me to get my keys and put in the ignition to roll down... Read more »

Lance E. Bastian
Lance E. Bastian answered on Apr 14, 2021

Utah's Good Samaritan Law is different from its welfare check provision, though based on the information you've given, neither appear to apply to this situation. The Good Samaritan Law has to do with a bystander rendering emergency medical aid at the scene of an accident, and it... Read more »

1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and Immigration Law for Utah on
Q: Can an asylum applicant (who has SSN and Employment Authorization because of it) legally buy a gun?

That person it’s not an ilegal or unlawful alien, and it perfectly fits for all the requirements of the BCI and the Federal laws.

Vince Sykes
Vince Sykes answered on Apr 10, 2021

You need to get a permit; whether you can legally purchase or not. Work permit and SS number don’t confer you status. In fact you have no status, but perhaps refugee seeking to remain in the US. And any weapons offense could negatively impact your asylum application.

1 Answer | Asked in Child Custody, Child Support and Native American Law for Utah on
Q: I’m not on the birth certificate and I haven’t taken a paternity test and I don’t want to be apart of it what can I do ?

I don’t want to be apart of the child’s life

Paul Waldron
Paul Waldron answered on Apr 9, 2021

You are not required to spend any time with the child.

As for child support, unfortunately you can only wait for the other shoe to drop or deal with the issue definitively. If you want to simply deal with the issue, you can obtain a paternity test; there are various ways to make this...
Read more »

1 Answer | Asked in Traffic Tickets for Utah on
Q: In the state of utah can a state trooper / officer have a k9 sniff around your vehicle without probable cause

I got pulled over for my license plate lights being out

William Melton
William Melton answered on Mar 29, 2021

This is a somewhat complicated answer. The short answer is yes. The US Supreme Court has said that a K9 sniff if your vehicle is NOT a search and therefor does not require any probable cause. Now, that being said, an officer cannot unreasonably delay the stop. So if he pulled you over for a license... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: * Possible penalties? 76-6-602 retail theft (3 counts) 58-37-8 (2)(A)(l) 58-37-8 (2)(H)(lll) 58-37A-5 (1

My son was arrested and has been charged with the above charges. He will have a Public Defender. Can you please give me an idea of minimum & maximum penalties he will be facing? Thank you ...

76-6-602 retail theft (3 counts)

58-37-8 (2)(A)(l)

58-37-8 (2)(H)(lll)

58-37A-5 (1)

William Melton
William Melton answered on Mar 28, 2021

You didn't specify what degree his charges are. Assuming the thefts are class B misdemeanors then the maximum penalty is 180 days in jail and a $1,000 fine (per charge). The other code section you cited was the possession of a controlled substance code. His charges will depend on the drugs... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: Dear Sir or MadamI have a question about the admissibility of evidence.

I understand that evidence obtained illegally by a private person is admissable but if it was an illegal search by the government or initiated by the government it's not admissible.

Now, in case evidence was obtained illegally by a private person, but there's reason to believe... Read more »

Brent J Huff
Brent J Huff answered on Mar 25, 2021

It Depends. Ultimately it depends on what the Judge believes. What the Judge believes will depend on the facts of a particular case and how well those facts and the relevant law are argued to the Judge by an attorney. For a judge to determine that evidence was obtained in violation of a... Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: What are the fines for interfering with an arrest
Lance E. Bastian
Lance E. Bastian answered on Mar 23, 2021

The standard (and maximum) fine for this offense, which is a class B misdemeanor, is $680. However, Utah courts also, as a matter of course, add a 90% surcharge to such fines. Depending on the circumstances, the fine can often be negotiated to something lower and dropping the surcharge. If that... Read more »

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1 Answer | Asked in Real Estate Law for Utah on
Q: Can seller be held liable for non disclosure of future HOA assessment that took place after sell of home?

We are being sued buy the buyers of our home for an HOA assessment that took place 5 or 6 months after the sell of the home. We knew there were issues with the moisture barrier of some of the homes in the neighborhood but our home had no such issues (this was disclosed). Apparently the HOA sent out... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Mar 22, 2021

Whether or not you are liable is a judgment call. A judge might determine that since the email was issued by the HOA and it arrived in your email box, you had opportunity to review the email and warn the buyer.

OR, a judge might decide that the email had no specific meaning as you had no...
Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Utah on
Q: I was convicted through plea bargain of a inchoate and principal offense. But there is a statue that says Utah 76-4-302

It’s prohibited to convict someone of a inchoate and principal offense. What can I do ?

Mike Branum
Mike Branum answered on Mar 19, 2021

Ultimately the answer is "likely nothing." The time to dispute the contents of a plea agreement is prior to entering the plea agreement. The Court takes a lot of time to ask a lot of questions on the day the plea is entered. Questions like: "Have you reviewed the agreement?"... Read more »

2 Answers | Asked in Landlord - Tenant for Utah on
Q: I am buying my father's home and my sister is living in home and refuses to leave

My father is selling us his home and my sister who has lived with him for years is refusing to leave we have given her many months notice she would have to leave when we close on the home and now with closing a week away she's refusing to leave we are in Utah FYI she hasn't been effected... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Mar 18, 2021

As an update to my previous answer, I just noted that you are purchasing the home personally. This changes many things, the first of which is that the one week deadline is not usually a hard deadline. You can normally reschedule. It's annoying, but little is lost other than time.

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1 Answer | Asked in Contracts and Small Claims for Utah on
Q: How to file a motion on a illegally repossessed car?

Is there such thing as a 215.78 % annual percentage rate? Really high?

Kenneth Prigmore
Kenneth Prigmore answered on Mar 11, 2021

If you want to sue someone on your own, you can go to your local justice court. This is called a "Small Claims" court. The court will have a maximum amount of damages you can sue for. You might sue for the money back you already paid if they improperly repossessed your car. Or you might... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can I rent out a home with poa even if another person is on deed but not loan
Kenneth Prigmore
Kenneth Prigmore answered on Mar 10, 2021

You are describing two separate issues that don't normally get combined. Power of Attorney is needed to sign on behalf of someone else.

Renting out a home that you own a partial interest in is legal. Not every owner of the home needs to sign the rental agreement. One person acting on...
Read more »

2 Answers | Asked in Estate Planning for Utah on
Q: What happens with a family trust wherein one of the heirs does not cooperate with the trustees?

Can the trustees bypass that heir and have it closed anyway? Does an heir who is uncooperative with the trustees and their attorney have any rights to contest what the trustees have done with the trust? The uncooperative heir is myself because of the dysfunctional relationships in my family. Thank... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Mar 8, 2021

If a Trust is handled incorrectly, you can contest that in court. You definitely have the right as an heir to contest.

Being uncooperative won't be appreciated by a judge. You want to have a good reason to contest, and be prepared to pay for attorneys fees that are not paid back if...
Read more »

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1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Utah on
Q: Is there anything, that if written in a residential lease agreement in Utah, is illegal and makes the lease void.

I’m trying to prove that the termination of my 12 year lease because i informed the landlord about a mold concern, was illegal because of landlord retaliation laws protecting tenants in Utah. They are now trying to sue us for a large sum of money that is exaggerated and fabricated. They have no... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Mar 1, 2021

There are many things that might be put in a lease but they can't be pursued in court because they are inappropriate. It would be a waste of time and energy to try to list them all here. You cannot be taught how to defend yourself in a short note like this. Having an attorney review your lease... Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: De novo case on unclaimed felony Mislaid wallet in evidence, precedent case referral

In evidence unclaimed for +9 months w/zero conversion on additional 3 misdemeanor charges of 3 credit cards in wallet & 3&1/2 months served before plea of abbayance.

William Melton
William Melton answered on Feb 26, 2021

It isn’t clear what you’re asking. Can you ask your question again?

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1 Answer | Asked in Landlord - Tenant for Utah on
Q: Provo, UT landlord wants says move out for 2 months for major renovations on entire complex-lease has 6 month -can they?

Owners told management they don't know when renovations will occur but that we'll have at least 30 days notice. That's nice, but I would like to not move out until my lease is up 3 months after the approximate renovation date. I find no clause in the lease that lets the landlord kick... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Feb 26, 2021

That is a pretty bizarre request. How and when a landlord can get you to leave is partially governed by state law, no matter what the contract says.

The contract will define most of your relationship with your landlord. Whether or not the contract allows for something like this is not as...
Read more »

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