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Utah Contracts Questions & Answers
1 Answer | Asked in Contracts and Estate Planning for Utah on
Q: I know my father had a family trust. I doubt he ever put me on it. How do I search just in case?

I wasn't notified when my father passed on. My father's favorite 2 children are still living, no contact. He didn't want 3rd girl, my other siblings both died in their 40's, medical issues. My father said way back he had a trust & I was on it but later returned to his... View More

Wesley Winsor
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Wesley Winsor
answered on Jan 22, 2024

I understand your concerns regarding your father's family trust and the uncertainty surrounding your inclusion in it. Trusts are indeed private documents, and it can be challenging to ascertain whether you are a beneficiary without direct communication from the trustee.

To begin your...
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1 Answer | Asked in Contracts and Landlord - Tenant for Utah on
Q: Is it legal for apartment management to get you sign a lease agreement for the next year before your lease is up?

They say they didn’t require it but they bribe with lower rent if you sign early.

Wesley Winsor
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Wesley Winsor
answered on Jan 5, 2024

Certainly, it's within legal bounds for your apartment management to offer a lease renewal before your current lease concludes, provided they've been transparent about the process. This is often done to ensure tenancy continuity. If they've proposed an incentive for early renewal,... View More

2 Answers | Asked in Contracts and Landlord - Tenant for Utah on
Q: Is an addendum a form of a lease?

A non-resident rents a garage and signed an addendum , then the apartment wants to raise the fee 100%.

Robert Alex Fleming
Robert Alex Fleming
answered on Jan 5, 2024

In general terms an addendum in a contract is a document that is added to an existing contract to modify, clarify, or add to its terms and conditions. It's generally a legally binding amendment used to make changes to the original contract after it has been signed and must be agreed upon by... View More

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2 Answers | Asked in Contracts and Landlord - Tenant for Utah on
Q: Is an addendum a form of a lease?

A non-resident rents a garage and signed an addendum , then the apartment wants to raise the fee 100%.

Wesley Winsor
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Wesley Winsor
answered on Jan 5, 2024

It's essential to review the terms of the contract and the addendum closely. If the agreement specifies a fixed rate for a certain period, any increase that contradicts this would not be permissible. Ensure that the addendum, which is part of the lease, does not grant the landlord the right to... View More

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1 Answer | Asked in Contracts, Real Estate Law and Probate for Utah on
Q: If 4 kids sell a house inherited & 1 nonexecutor says no after contracts start is that legal for a lien to be placed?

4 kids inherited a property from parents with 2 being an executor. After a closing date is set 1 nonexecutor kid places lien on property wanting price to be raised 200k. Price being sold is appraisal value. Is this allowed to stop closing of house and is there really a lien allowed to be placed on... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023

Based on the facts provided, it would likely not be legal for the non-executor sibling to place a lien on the inherited property to prevent the sale after contracts have been started. Here are some key considerations:

- If there are multiple heirs, the executors have authority to sell...
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2 Answers | Asked in Contracts, Copyright and Intellectual Property for Utah on
Q: y boyfriend builds decks and in past did for a company that has published photo’s of his work on a national decking web

Not recognizing him as they builder in any article or on discription of the deck .can he sue for not having him recognized as the actual builder ?

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 9, 2023

Your boyfriend's ability to pursue legal action for recognition as the builder in published photos of his work would depend on the terms of any contract he had with the company and on copyright laws related to authorship and works made for hire. If there was an agreement that credits him as... View More

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1 Answer | Asked in Contracts, Employment Law and Civil Litigation for Utah on
Q: When signing a contract for a specific amount of hours per day can an employer cut those hours without consent?

I started working for a program that advertised and was written in my onboarding documents as paying 16 hours per day. They have since asked for the same level of comitment and hourly work but only will allow me to report 13 hours without getting approval beforehand for overtime. I never signed any... View More

Wesley Winsor
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Wesley Winsor
answered on Oct 6, 2023

Hello,

Utah is an at-will employment state. Meaning that either one of you can terminate the employer/employee relationship at any time for any reason.

From your description, I am not sure if you are a 1099 employee or an actual employee. Unless you are on salary I don't see...
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1 Answer | Asked in Contracts and Family Law for Utah on
Q: if a Utah marriage certificate was signed under duress and did not have an actual 2nd witness, is it a binding contract?
Kenneth Prigmore
Kenneth Prigmore
answered on Jun 20, 2023

What is more important than the certificate is how long you have been married. Clerks make errors on certificates all the time, but that does not automatically void them. Similarly, who signs the certificate and when are not normally a problem.

Your question sounds like you may feel forced...
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2 Answers | Asked in Contracts and Employment Law for Utah on
Q: As an independent contractor, how do I go about after clients who don’t pay after agreeing to a contract?

I was working online remotely for a company based out of California as an independent contractor and they were due to pay the remainder of what they owed us and they never did. The total came out to over $9000 and all attempts to get them to pay have been met with dead ends.

Wesley Winsor
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Wesley Winsor
answered on May 30, 2023

You mentioned in your prompt that they agreed to a contract. I assume that means that you have a contract signed by the company regarding the terms of your services. First look to the contract and see what it says under default.

If you are just using the word "contract" as a...
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3 Answers | Asked in Employment Law and Contracts for Utah on
Q: Is it legal for employer to ask for my lease agreement? They'll only pay relocation once they get a copy of signed lease

Employer gave us the option of "quit or relocate" and the relocation package offer has a term stating they'll only pay for relocation expenses (minus taxes) 30 days after they receive a copy of the signed lease. I'm located in UT. Company is in CA.

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

You don't really get "pay" for relocating, it could be a job benefit to receive expenses for relocation. It would not be proper for any employer, CA or UT to withhold your wages for failing to provide proof of a lease agreement. Wages are earned for work performed, not relocation.... View More

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3 Answers | Asked in Employment Law and Contracts for Utah on
Q: Is it legal for employer to ask for my lease agreement? They'll only pay relocation once they get a copy of signed lease

Employer gave us the option of "quit or relocate" and the relocation package offer has a term stating they'll only pay for relocation expenses (minus taxes) 30 days after they receive a copy of the signed lease. I'm located in UT. Company is in CA.

Tim Akpinar
Tim Akpinar
answered on Jun 14, 2023

Ordinarily, it's none of anybody's business. But since your situation involves proving your housing expenses to receive relocation reimbursement, it would probably be deemed reasonable by most people. Employment law attorneys could advise best about any state statutes that might... View More

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1 Answer | Asked in Contracts for Utah on
Q: I recently purchased a vehicle at a dealership. I was lied to and purchased the service contract. Can I still cancel?

I bought a service contract 23 days ago, and it says you can only cancel within 10 days. There were some important details about the service contract that the salesman lied to us about in order to convince us to buy it. Is misrepresentation a good idea to successfully have contract cancelled?... View More

Benton Matthew Eskelsen
Benton Matthew Eskelsen
answered on Mar 30, 2023

You may be able to fight this contract but additional information would be needed to give a meaningful evaluation. Typically, when you sign a contract you are expected to know the contents thereof and often times such contracts disclaim representation made by employees regarding the contract. It is... View More

1 Answer | Asked in Contracts, Business Law and Lemon Law for Utah on
Q: Is it legal to deny a person a foreign vehicle when applying for an auto loan?

I bought a vehicle from a dealership 6 months ago I just found out a week and a half ago that the vehicle they sold me was stolen they told me to bring back the vehicle and they would get me a new vehicle and now when I put my application in I was told that I don't qualify for European... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Dec 6, 2022

I am not aware of a law preventing a specific individual from owning a foreign car. Some foreign cars will have difficulty being imported to the US without a lot of paperwork, but I can't imagine how a particular individual would be prevented from making a purchase.

Also, it is...
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1 Answer | Asked in Arbitration / Mediation Law, Business Formation and Contracts for Utah on
Q: I live in Utah and signed a contract with an LLC located in Nevada. Where do I file for arbitration?

They have not fulfilled their end of the contract and now owe me $12,000. They are no longer answering my messages and I would like to get this money back as soon as possible.

Wesley Winsor
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Wesley Winsor
answered on Nov 21, 2022

You will first need to look to the contract provisions to see what they say about arbitration. If the other party is nonresponsive, then you could likely set up the arbitrator, give them notice of the time and place of arbitration and if they don't show up then the arbitrator can give you a... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Utah on
Q: Can I renegotiate a lease before it’s expired?

My husband wrote a 3 year lease. We just got divorced. Can I renegotiate the terms and get his name off the lease? The HOA increased and the rent does not cover all cost associated with the property. Is there anyway I can change the lease to a yearly lease? Or increase the rent to cover the... View More

Wesley Winsor
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Wesley Winsor
answered on Feb 26, 2024

Landlords may consider renegotiating a lease to adjust terms, such as increasing rent, but it's crucial to remember that tenants are not obligated to consent. This is because tenants currently hold an enforceable contract. Alterations to the lease terms require mutual agreement unless the... View More

1 Answer | Asked in Contracts for Utah on
Q: School not out until next Tuesday but contract says weekend before holiday dose kid need to miss school?

Ex stated was worded that way to get extra days but my child can only miss so much school. No clauses about his education.

Kenneth Prigmore
Kenneth Prigmore
answered on Nov 14, 2023

I am sorry if there was any confusion. This is unfortunately not a contracts question. Please resubmit your question and label it Divorce Law and Family Law. You will get help from attorneys that can help with your situation.

1 Answer | Asked in Consumer Law, Contracts and Personal Injury for Utah on
Q: When does the 21 day clock start ticking on the deadline to respond in a federal civil suit?

If one learns one has been named a defendant in a federal civil suit prior to actually being served (say, for instance, by coming across the complaint while reading other cases), does the 21-day "clock" start counting down to respond from the moment one first becomes aware one is a... View More

Wesley Winsor
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Wesley Winsor
answered on Jul 5, 2023

The clock doesn't start until actual service is made.

1 Answer | Asked in Contracts, Copyright, Criminal Law and Intellectual Property for Utah on
Q: Can a storage facility be sued for violation of an NDA

I am writing a book about real events that happened to me/family. I stored the documents for my book in a storage facility. The owners signed an NDA to be able to read my book so far. I moved out of state and they sold my property for non-payment. Can I sue them for breaching the NDA by disclosing... View More

John Michael Frick
John Michael Frick
answered on Feb 11, 2023

No. Your non-payment constitutes a prior material breach that authorized them to sell your stuff and excuses their breach of the NDA.

1 Answer | Asked in Contracts and Employment Law for Utah on
Q: Do I have to repay a sign on bonus if I was never given a way to pay it back?

I received a letter stating I can make payments on repaying a sign on bonus back they gave me the information to put on the check but never told me where to send it or anything like that, I’ve reached out multiple times and received no response what actions do I need to take on either paying them... View More

Wesley Winsor
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Wesley Winsor
answered on Sep 23, 2022

If you are obilated to pay back the signing bonus, just go to their website or look up their business on the state business registration website https://secure.utah.gov/bes/index.html and send a certified check in the mail to their address.

Just because they haven't responded...
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1 Answer | Asked in Civil Litigation and Contracts for Utah on
Q: Can a used car dealership sell me a car with out emissions being done?

The check engine light came on just a few days after driving it home and the brakes were so bad it was scary to even drive. I'm also paying over $35,000 for a vehicle that isn't worth $11,000 at least not with the shape it's in.

Wesley Winsor
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Wesley Winsor
answered on Sep 20, 2022

Hello,

I am sorry to hear that you are having trouble with your car. I am unsure what you are asking when you say "emissions being done". Are you asking whether a dealership has a duty to make sure the emissions are compliant with state law prior to sale? Or are you saying something else?

Wes

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