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Utah Business Law Questions & Answers

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 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 »

2 Answers | Asked in Business Formation, Business Law and Gov & Administrative Law for Utah on

Q: Wondering if starting a website geared to provide information about state boards and their licensing processes is legal?

I am about to launch a website that will help Physician Assistants and Nurse Practitioners get the information they need/want to help with the medical license processes. I have been working at a medical staffing firm for a while and I have some great inside knowledge about these processes, but I... Read more »

Wesley Winsor answered on Mar 29, 2019

Hi,

I like what you are doing. If your question is whether or not you are committing some sort of crime by posting information regarding how to get licensed, the answer is no. Even if your information is false, there is no crime to publishing false information although it would be highly...
Read more »

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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 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,...
Read more »

1 Answer | Asked in Business Law for Utah on

Q: Can a property owner sell their property when they have a partner in the business but not a partner on the property

The LLC is 50-50 ownership. Prior to the partnership the storefront for the LLC was owned and still is owned solely by the original partner. The original partner wants to sell the property and move into a store front in the warehouse. Can the other partner stop the owner of the property from... Read more »

Wesley Winsor answered on Aug 28, 2018

This is an interesting issue that isn't fully answerable via this forum without knowing all the details of the business. Here are the issues that jump out at me:

1. It doesn't seem like the LLC owns the building. Therefore the owner of the building is free to sell the property if he wants...
Read more »

1 Answer | Asked in Business Law for Utah on

Q: Is Huron law a legal debit relief company

Wesley Winsor answered on Aug 17, 2018

From what I can tell Huron Law has at least one attorney working for it. According to the Michigan State Bar Website : https://www.zeekbeek.com/lawyers/48033-MI-Charles-DeGryse-45409

Charles DeGryse is an attorney in good standing that works for the company, although there is no mention of...
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 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...
Read more »

1 Answer | Asked in Business Law, Federal Crimes, Identity Theft and Consumer Law for Utah on

Q: What are the penalties for using phone numbers for marketing purposes--when the numbers are protected from such use

TransUnion provides a service for organizations to look up information about existing customers. Unfortunately, this service can also be used to look up thousands of random individuals, and some companies may even TransUnion's services to create a cold-calling list. However, the use of this... Read more »

David Humphreys answered on Oct 16, 2017

if consumer credit reports are being pulled from Credit Reporting Agencies and used for cold calling customers by phone, that would be a willful violation of the Fair Credit Reporting Act. Their is a statutory damage provision for damages up to one thousand per person. Whistelblowers have rights... Read more »

1 Answer | Asked in Business Law, Collections and Consumer Law for Utah on

Q: How many calls and texts from a company does it go to harassment? This company will call and text up to 4 or more times.

Wesley Winsor answered on Aug 1, 2017

I can only assume that you are talking about debt collection. If that is the case, then here is some information, section 806(3) of the Fair debt collection practices act states:

3. Multiple contacts with consumer. A debt collector may not engage in repeated personal contacts with a...
Read more »

1 Answer | Asked in Business Law, Contracts and Tax Law for Utah on

Q: If a contract with a new client requires money to be spent to complete the contract, is that money a business expense?

My business is looking to acquire a new client. The contract with this client would require me to spend some of that money to complete with the contract itself. Would I be OK to write off that money spent as a business expense, or would I be taxed on the complete income?

Wesley Winsor answered on Jul 18, 2017

Nearly any legitimate business expense can be discounted against revenues. I think you will need to be more specific on your question. If you are having to spend money to acquire new or specialized equipment or an upgrade of some sorts then absolutely.

I hope this helps.

Wes

1 Answer | Asked in Business Law, Civil Litigation and Real Estate Law for Utah on

Q: 1. Can HOA litigate member with non valid status of non profit corporation?2. Can HOA adopt not valid declaration

Wesley Winsor answered on Jun 8, 2017

Your question is hard to understand. I will try the best I can to answer:

Yes an HOA can bring suit against an HOA member even if that member is a non-profit organization whose status is inactive/expired. This issue revolves around what agents of this non-valid, non-profit did to...
Read more »

1 Answer | Asked in Small Claims, Business Law and Constitutional Law for Utah on

Q: Do businesses have to follow the First Amendment? Are they subjugated to the same laws?

The game is League of Legends. The terms literally say that they have he right to steal the in game content you purchased if you violate their rules. My situation includes me using explicit and vulgar language in frustration towards other players online. Because of this my account is banned and the... Read more »

Wesley Winsor answered on Jun 8, 2017

Your first amendment right doesn't give you a license to make other people listen to/read whatever you say. Your first amendment right secures your right to freedom of speech or in reverse, makes it so that any law passed abridging your freedom of speech is unconstitutional. Neither the U.S.... Read more »

1 Answer | Asked in Business Law and Tax Law for Utah on

Q: Do I need a to get a EIN number from business's who I am paying rent to every month in order to take it as a tax writoff

I own a windshield repair business and i rent parking lots from business's. I pay thousands a month. How can i take it as a write off? Do i need to get their EIN or have them fill out a 1099 document?

Wesley Winsor answered on Jun 8, 2017

If you are running it as a sole proprietorship, then you don't need to get a separate EIN, you can just use your own Social Security number when you report your taxes. If your company is an LLC then you will already have an EIN and you will u se the EIN when you do your taxes.

Can you...
Read more »

1 Answer | Asked in Business Law for Utah on

Q: I process payments as a third party. Can I collect payment in the form of gift cards?

Wesley Winsor answered on Jun 8, 2017

There is now law that dictates which form of compensation you have to receive. The law does state that you have tor report the value received whether in cash or "in kind". Cash is easy because it is what it is, but gift cards would have a slightly discounted value than their credit amount because... Read more »

1 Answer | Asked in Real Estate Law, Business Law and Landlord - Tenant for Utah on

Q: If property slip 3ways and 2 wanthe to sell put the 3rd person dosnt not can't the 2 sell it out from under the 3person

My landlord sisters want the apartment complex but he dosnt they already have an aggressive realtor wanting to buy it and saying she owns it already. Can the sisters sell the place with out our landlord agreeing to it? I know it's slip 3 ways . But it's only his name on the leases . The buyer... Read more »

Wesley Winsor answered on May 24, 2017

They can only sell their interest in the complex. If they own it together as tenants in common (most likely but I can't say for sure without looking at the deed), then they can sell their interest. I could be 66.66% or something else. They can't make him sell unless they successfully petition the... Read more »

1 Answer | Asked in Business Law and Employment Law for Utah on

Q: Can I be fired for a religious conversion?

I work at a catholic school. When I started working there I was catholic. Through a series of events in my personal life, I am no longer catholic.

My boss does not know this.

If I tell my boss, can they fire me for my religious conversion?

I am still able to teach my class... Read more »

Wesley Winsor answered on May 16, 2017

I am probably the wrong person to answer this as I don't have much experience in employment law. Here is what I do know. Businesses are unable to discriminate on the basis of race, religion, age, and gender. If the only reason, your boss would fire you is because of your conversion to another... Read more »

1 Answer | Asked in Business Law, Contracts and Landlord - Tenant for Utah on

Q: I currently have a warehouse leased in my name only. I have allowed another business to use some of the square footage

I do not have a written agreement or obligation from "the sub renters" to continue to use the space. What are my rights in giving them notice to vacate? Can they sue me for lost business if I give them notice to move out?

Wesley Winsor answered on Apr 28, 2017

There are several concerns I have with this. The first is whether your lease with the owner allows you to sublease to another. This isn't a claim that your sub can really raise, but you should take a good look at it anyway.

In the absence of a contract, if it went to court then it would...
Read more »

1 Answer | Asked in Copyright, Business Law, Internet Law and Patents (Intellectual Property) for Utah on

Q: If my father has the right to the patientends, but is deceased who can claim them.

Peter D. Mlynek answered on Jan 4, 2017

I am sorry to hear about your father's passing.

If your father had rights to the patent (i.e., he did not assign it to his employer, or he has not otherwise sold it or licensed it), then you should treat the patent the same as any other personal property.

Good luck!

1 Answer | Asked in Business Law for Utah on

Q: Is it illegal in the state of Utah for one motel to call another to drum up business?

Douglas J. Shumway answered on Feb 13, 2014

Depending on the method utilized to "drum up business" there may or may not be any liability. There are a number of causes of action that most lawyers would be able to think of depending on what was said and sometimes even how something was said. Damages would be difficult to prove and the... Read more »

1 Answer | Asked in Business Law for Utah on

Q: Is the recession of 2007/2008 qualify as a 'justifiable cause' for inability to refinance a deal?

Douglas J. Shumway answered on Oct 4, 2013

To appropriately answer this question a lawyer would require a lot of additional information, but generally, justifiable cause is a very funny thing and rarely do two people agree on what it means without established case law that is on point. You will want to have a business lawyer take a look at... Read more »

1 Answer | Asked in Business Law for Utah on

Q: What is the time frame for desertion in a business in utah

Douglas J. Shumway answered on Jun 6, 2013

For purposes of this answer I will assume that the business is simply inactive and that the necessary State filings have not been done. Therefore, you question would be when does the State revoke a business for failure to pay fees. Generally, you have two years before the State will not allow a... Read more »

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