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Utah Business Law Questions & Answers
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
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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...
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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
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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
PREMIUM
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...
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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
PREMIUM
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... 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... Read more »

Wesley Winsor
PREMIUM
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... 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 with no problems.

Wesley Winsor
PREMIUM
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
PREMIUM
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...
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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
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
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... 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
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
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 »

1 Answer | Asked in Business Law for Utah on
Q: I am staying in a hotel and the first Morning my husband and I left for the day. When we returned back to the hotel our

Keys did not work. We talked to the front desk and they said that they went into our room and because it smelt like smoke we had to pay 250 dollars. We did not smoke in the room. We also had the do not disturb sign on the door. When I checked in I also said that we did not need room serv in the... Read more »

Douglas J. Shumway
Douglas J. Shumway
answered on Jun 6, 2013

Unfortunately you are in a difficult situation. Most businesses would not put a customer through an ordeal such as this without an extremely good reason to do so and it sounds as though this business did not have such a reason.

You could certainly hire an attorney to make a demand upon the...
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