Lawyers, Answer Questions  & Get Points Log In
Utah Contracts Questions & Answers
1 Answer | Asked in Contracts for Utah on
Q: buyer threatened violence against seller. Seller wants to cancel contract. buyers offer is way less than FMV. ?

Seller (who is disabled) had a friendship with buyer. Buyer became beligerant with seller making threats of violence and called him a liar. Buyer made a super low offer to flip the property. Seller found out the offer was extremely low based on comps in condo complex and surrounding comps. Seller... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Oct 22, 2021

I highly recommend you communicate directly with an attorney to allow them to ask you questions and give you the best advice possible. Threats of violence are never ok. Contact local law enforcement and make a report.

You can send a copy of the report to the buyer with a notice of...
Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Utah on
Q: We are trying to end our lease a couple weeks early.

We provided written request to end the lease early and it was approved. We received a confirmation text from the property management company of new end date and a move out email with the new date.

One week following the confirmation from the PM co., we received an email from the landlord... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Aug 23, 2021

As I have not reviewed your lease or the text and email from the landlord's management company, I can't tell you how likely you are to win if you were to fight this out in court. The theory you suggest is valid and may be true. Your relationship with the landlord is based on your lease... Read more »

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 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 »

1 Answer | Asked in Car Accidents, Contracts and Libel & Slander for Utah on
Q: Can a lawyer accept a personal injury settlement w/o their clients approval? If they do is that a breach of contract?

obtained a. Personal injury lawyer after a car crash. After almost a year and a half I directed the lawyer to start working towards a settlement. On 1/28 the Lawyer called and said they had negotiated an offer. I said I wanted to talk to my wife before accepting the offer. The next day( 1/29 )the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 24, 2021

No, you can tell the attorney that he should tell the company it was a mistake on his part, you never agreed to anytihing. You may want to consult other attorneys, see what they say. Look for attorneys who handle car wrecks and who are memers of the Utah trial lawyers association /Utah... Read more »

2 Answers | Asked in Contracts for Utah on
Q: We want to cancel a contract with an HOA management company. There is no termination clause. Can they hold us in?

We have a 5 year contract with a property management company. The HOA board feels that the management company has failed to meet its duties and it is not likely to change. We want to cancel the contract. They have refused to let us out and say that they will only let us out if we pay the... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Jan 19, 2021

You might have a leg to stand on. It all depends on what is stated in your contract. If the HOA Management Company has failed to meet important portions of the contract, you have options. You could terminate and then defend yourself if they sue, or you can sue them for failure to fulfill the... Read more »

View More Answers

1 Answer | Asked in Contracts for Utah on
Q: Can I repossess a puppy if contract has not been followed by buyer? If so how to go about it?

I sold a puppy Feb 2019. 2200 as co owned with trade work worth 700 and payments monthly. Contact says dog will be DNA tested and reg akc as well as paid off by a year.

Half cost on me and buyer for testing and registration which buyer couldn't do. Most months I asked about a payment... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Jan 18, 2021

Repossession must be handled peacefully. If they refuse to give you the dog, a court order can be obtained after winning a lawsuit based on the contract.

Everything depends on what was stated in the contract, so you will do well to have an attorney review everything before you proceed.

2 Answers | Asked in Contracts for Utah on
Q: Hello. Is this going to re-new anytime soon? :)
Wesley Winsor
Wesley Winsor answered on Dec 22, 2020

Hi, I am not sure what you are referring to. Please be more specific.

Wes

View More Answers

1 Answer | Asked in Contracts and Real Estate Law for Utah on
Q: Seller sold property I was under contract on, what are my options?

I was under contract (standard UT REPC) with seller for property. I went to close on the property (prior to require closing date) and find out the seller has sold the property to someone else. I paid $2K earnest money and also hired people to inspect and consult on the land. Now, like properties... Read more »

Wesley Winsor
Wesley Winsor answered on Dec 22, 2020

I am sorry to hear about your situation. That is rough. Sounds like the seller made a calculation about the risk of being sued and damages and thought that selling it to another at a higher price was worth it. Unfortunately situations such as this are not uncommon, thought typically it has to do... Read more »

1 Answer | Asked in Contracts for Utah on
Q: How do I write the "SOW" part of a contract to allow for multiple projects to be defined outside of it?

My business does consulting (UX Design) for other businesses. I have a contract that I use, but it has a section where a specific scope is defined. I have a client that wants to be able to sign an overall agreement (like my contract), and then define projects and agree to them as they come. So... Read more »

Wesley Winsor
Wesley Winsor answered on Nov 13, 2020

Hello,

The best way to handle something like this is to make the contract dynamic in that it would refer to another document titled "scope of Work of Project X" and then define the terms of that particular project. The challenge though, is that you are going to need that other...
Read more »

2 Answers | Asked in Contracts for Utah on
Q: Can a person or company sign legal documents on behalf of a client if they have written permission to do so?

Asking because a friend wanted to know if I could sign his apartment lease agreement for him. In addition, I am wondering if someone could sign a legal document such as applying for auto or medical insurance policies on behalf of a person?

Kenneth Prigmore
Kenneth Prigmore answered on Nov 3, 2020

It depends on the business. Many businesses and government entities will allow you to use a "Power of Attorney". This is a document signed saying it is ok for someone else to sign on your behalf.

View More Answers

1 Answer | Asked in Business Law and Contracts for Utah on
Q: Are we obligated to continue servicing equipment after canceling a plan, if a customer has paid?

I work for a hvac company. We have a maintenance contract. (Prepay for annual services) With that, customers have the option of making payments monthly via auto withdrawal. In our contract it states if more than 2 payments are missed, the plan is canceled. We offer 5 year and 10 year plans. My boss... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Oct 21, 2020

Please note that I am not your attorney, and this conversation does not create an attorney client relationship. The issues discussed here are general ideas based on a very limited set of circumstances. Normal discussions with an attorney will produce better results as the attorney knows what issues... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Utah on
Q: Does each living child need to sign the contract for attorney in wrongful death suit?

My brother and I are working with an attorney to review a potential wrongful death suit against my mother's physicians. As part of the medical records request the attorney asked my brother to sign the contract, but did not include any of the other siblings information. Do both siblings need to... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Oct 8, 2020

I recommend you ask this question to a civil litigation attorney. This is a litigation contract you are asking about.

1 Answer | Asked in Contracts and Consumer Law for Utah on
Q: I purchased a vehicle on 9/18 from a dealership who said they could arrange the financing, I also traded in my truck.

Per the contract it says they have 7 days to arrange financing from date of sale, and if they are unable to I may rescind the contract within 14 days from date of purchase. I went in to the dealership on 9/25 to see if they had arranged financing and if not I wanted my vehicle back. This resulted... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Sep 29, 2020

Contracts are designed to handle issues that may come up in the future related to a transaction. Unfortunately, no contract can handle everything and human error can cause problems for the contract. The information you gave so far leaves room for multiple arguments on what should happen in your... Read more »

1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Collections for Utah on
Q: Hi i have a question i was on a auto loan with a cosiginer an i was making monthly payment then they paid it off

Hi i have a question i was on a auto loan with a cosiginer an i was making monthly payment then they paid it off and demand that i paid them back an i was making payments but not very much and theres no contract that he created for me to sing to show that I would pay him back, then he went an stole... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Sep 2, 2020

First, it sounds as if the only agreement you signed is the one you both co-signed for the purchase of the car. The normal expectation is that you have the right to continue to pay the car loan on time until it is paid off. If you failed to do so, and the co-signer had to step in to save the... Read more »

1 Answer | Asked in Contracts, Small Claims, Products Liability and Medical Malpractice for Utah on
Q: I want to take dentist to small claims court, for reimbursement for bottom denture that was damaged beyond repair.
Tim Akpinar
Tim Akpinar answered on Aug 29, 2020

A Utah attorney could advise best, but your post remains open for two weeks. There wasn't a question here, but if you are interested in using small claims courts, most unified statewide court systems include online resources for small claims court. Their resources for the public generally... Read more »

2 Answers | Asked in Civil Litigation and Contracts for Utah on
Q: I live in Utah. When is the latest a lease must be provided for me to sign and agree with?
Kenneth Prigmore
Kenneth Prigmore answered on Aug 17, 2020

There is no rule. You can actually rent a property without a lease if both parties agree to do so. This is called a month to month tenancy. Leases are recommended as it gives stability and allows the parties to have a signed document confirming everything agreed upon. If you have no lease, you are... Read more »

View More Answers

2 Answers | Asked in Contracts for Utah on
Q: Can I get a power of attorney for my girlfriend to sign apartment applications and possibly apt lease for me?

I will be out of state due to work the next week. Me and my girlfriend are trying to get an apartment and I want her to be able to fill out applications and with any luck an apartment lease while I am gone. Can this be done with a power of attorney?

Kenneth Prigmore
Kenneth Prigmore answered on Aug 13, 2020

Yes. A power of attorney can be prepared which is broad to allow her to sign anything for you, or limited to just apartment applications and lease.

View More Answers

1 Answer | Asked in Contracts and Real Estate Law for Utah on
Q: Is it true in Utah the title company has three days after the contract closing date to receive good funds for purchase?
Kenneth Prigmore
Kenneth Prigmore answered on Jul 28, 2020

If you are refinancing your home, the bank is required by law to give you 3 business days to change your mind and cancel. So the bank doesn't allow the funding to be released for 3 business days. The bank rarely will send the funds early to the title company, but they will tell them not to... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Utah on
Q: My lease expired June 1, 2020 now on month to month. Served a 3 day pay or vacate. Do I have 3 days or 15 to vacate?
Wesley Winsor
Wesley Winsor answered on Jul 13, 2020

You should look at your lease agreement, but typically you have to give 30 days notice before someone can terminate the lease.

So, it automatically renews if no one has given notice of "non-renewal of lease" for another 30 days. Unless you haven't paid rent, he...
Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.