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Utah Contracts Questions & Answers
1 Answer | Asked in Contracts for Utah on
Q: I entered a contract, and believe i was in a wrong state of mind, if taken to court would I be able to fight and win.

I signed the contract while very depressed and panicked, so I believe I was in a wrong state of mind, while discussing the contract i was yelled at several times which caused me to panic further. The contract states I will pay $200 a month until I pay off $1300, I don't think the price is anything... Read more »

Wesley Winsor
Wesley Winsor answered on Feb 22, 2018

First, let me say that I am sorry that you felt taken advantage of.

I don't think that it is ever good advice to ignore a debt and expect that it will just go away, so I wouldn't do that. In order to have a legitimate capacity defense for why the contract shouldn't be enforceable, you...
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1 Answer | Asked in Contracts and Consumer Law for Utah on
Q: Can I cancel an extended warranty on a used car I purchased six days ago?

I feel I was sold this service contract under time pressure, and after further research and considering the situation, I feel I don't need it, don't want it, and I cannot afford it. The service contract (extended warranty) was brought up only during the final signing of the paperwork, and we had... Read more »

Wesley Winsor
Wesley Winsor answered on Jan 29, 2018

I can't speak generally about these types of agreements, I would have to read the contract to give you a good answer. The terms of the extended warranty agreement will be in there. Look for the clauses that talk about termination of the agreement.

Sorry, I can't be more help.

Wes

1 Answer | Asked in Contracts and Real Estate Law for Utah on
Q: Is a contract still valid if the realtor fails to give the seller a copy of the signed representation agreement?
Wesley Winsor
Wesley Winsor answered on Jan 26, 2018

I am not sure if we are talking about two separate agreements. Are you asking if a Real Estate Purchase agreement is valid if the realtor fails to give the client a copy of the representation agreement? If that is the case then yes. The real estate purchase agreement will not be invalidated due... Read more »

1 Answer | Asked in Contracts and Employment Law for Utah on
Q: If I told my manager that I would sign an employment contract, do I need to sign it since that makes a contract?

My employer put out an employee contract for us to sign after I've been working for the company in a management position for months now. I didn't feel comfortable with signing it so I put it off for a few weeks. They kept bugging me over and over to sign it. I eventually said I'll get around to... Read more »

Wesley Winsor
Wesley Winsor answered on Dec 29, 2017

You are under no obligation to sign the contract. They could have fired you for not signing the contract, but that is/was their only recourse. What you offered was an illusory promise, " I will get around to signing it". In my opinion, they would spend a lot of money taking you to court in order... Read more »

1 Answer | Asked in Contracts, Criminal Law, Civil Rights and Communications Law for Utah on
Q: What can be done if a court reporter messes up a judges decision on a court transcript
Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Oct 18, 2017

That's a very complex question with no clear answer - very fact specific. You will need to hire an appellate attorney.

1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Real Estate Law for Utah on
Q: If a car dealership is to tear down a neighborhood, would the seller be required to disclose before selling?

Just found out, AFTER purchasing the home that a dealership is scheduled to tear down homes around mine. This will bring the value of my home down tremendously, and it was not disclosed prior to me purchasing the home.

Wesley Winsor
Wesley Winsor answered on Aug 2, 2017

Unfortunately for you, no. Although, sellers will typically provide a "seller's disclosures" they are not legally obligated to do so. If they did provide a "seller's disclosures" and proactively said that they were not aware of any major changes to the neighborhood when if fact they did know... 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
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 Consumer Law, Contracts, Legal Malpractice and Small Claims for Utah on
Q: Can I take legal action against a pawn shop that gave me false information?

I paid $1000 for a diamond wedding ring from Zales. We were in a desperate situation and needed cash fast. We looked into Pawning the ring but they said it was only worth $100 and that they could only sell it for $300 at most. They told us we were lied to about the value from where it was... Read more »

Wesley Winsor
Wesley Winsor answered on Jun 30, 2017

Hi,

First off, let me say I am sorry for the situation. This can be extremely frustrating especially if there is sentimental value attached to the item.

I am assuming you sold the ring rather than pawned it (you got a loan from them using the ring as collateral). If that is the...
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1 Answer | Asked in Contracts and Real Estate Law for Utah on
Q: If two brothers have secured a mortgage on a home. times changed and one wants to leave said agreement. how ?

would like to get equity from property

Wesley Winsor
Wesley Winsor answered on Jun 9, 2017

This can be difficult to do. Basically, the brother that wants to stay will need to refinance the loan in his own name. If he can't with the current lender, then he may have to look elsewhere. If no one will do it, then the leaving brother is basically stuck until the home sales or it is... Read more »

1 Answer | Asked in Contracts for Utah on
Q: I have a contract where one of the parties signing is a corporation,

but it's written down at the beginning between two individuals - is it valid?

Wesley Winsor
Wesley Winsor answered on May 8, 2017

Yes,

It is valid, but the question remains who exactly is the party. if the signature line shows a title of the person then it will most likely be counted as a contract with the business entity. If the contract only makes sense if the business entity signed it and not the individual then...
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1 Answer | Asked in Contracts and Landlord - Tenant for Utah on
Q: Im gonna make this short. I broke a contract at a apartment complex. I owed $8k to finish off the contract.

I joined the army, and after a deployment they had went and got a lawyer. I went ahead and just paid in full. Well 4 years later im trying to buy a home amd this still showed up as unpaid even though i had a statement of judgement. Turns out the lawyer never sent the money to his client, "the... Read more »

Wesley Winsor
Wesley Winsor answered on May 8, 2017

hmm good question.

You relief could be calculated by the difference in interest rates based on the two different credit scores multiplied by number of payments you made. It sounds like you have a case, but you really ought to run the numbers to see if it is worth it. I don't think you...
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1 Answer | Asked in Contracts and Consumer Law for Utah on
Q: I took out a loan from check n go on 12/28/2016. I was told that my 1st payment would be due on 3/1/2017. The contract

had a payment date of 3-1 and on the finalization checklist it was also handwritten as 3-1. However, it also stated the first payment would be due on 2-1-2017 which neither of noticed. On 1-30-2017 Check n go called and stated that manager was new and she made and error on the date. She also... Read more »

Wesley Winsor
Wesley Winsor answered on Apr 28, 2017

It sounds like you have a strong case for whatever damages you suffered because of their premature debiting of your account. This could be as little as insufficient funds fees from your bank, filing fees for the law-suit, and attorney's fees if any.

Ambiguities in a contract are typically...
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1 Answer | Asked in Contracts and Landlord - Tenant for Utah on
Q: Renter claims damages occurred during rental, Must be 25yo to rent, 22yo signs with renter knowledge, Is this binding?

I recently rented a camp trailer that I found on KSL in Utah. I met up with the man and signed the rental contract, then was on my way. When I returned the trailer the renter claims there were damages. Many items on the trailer did not function during the time I had the trailer, things having to do... Read more »

Wesley Winsor
Wesley Winsor answered on Apr 28, 2017

First off your use of the word renter is a bit confusing. When you are explaining please the terms Landlord or owner /Tenant or Lessor/lessee.

From what I surmise this is the story. You (22 years old) rented a camp trailer from a guy and signed a contract that stated that any tenant...
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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
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...
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1 Answer | Asked in Contracts for Utah on
Q: Is there a time period where after signing a contract that we can change or minds? (Less than 24 hours)
Wesley Winsor
Wesley Winsor answered on Apr 28, 2017

No, not typically. Sometimes states have these "buyer's remorse" windows for certain types of businesses. Security systems are an example of when states have stepped in and given that right statutorily.

What was the nature of your contract?

1 Answer | Asked in Estate Planning, Probate and Contracts for Utah on
Q: How can I get a copy of a will/ probate/ trust, to determine if revocable or not?

I have an elderly uncle who is MR/DD. What I was told, is when his parents died they set up a trust that had money and included a home where he would live in order to provide for him. I believe that the terms of the trust have been breached. Before moving out of state, the trustee signed a... Read more »

Wesley Winsor
Wesley Winsor answered on Apr 28, 2017

Unfortunately, at this point, you do not have standing to demand to see the the trust. You would first need to petition to have a guardianship or a conservatorship over your uncle. Otherwise, if your uncle has capacity he could give you a limited power of attorney to inspect the trust document. I... Read more »

1 Answer | Asked in Animal / Dog Law, Contracts and Divorce for Utah on
Q: Is a breeder contract my ex-wife signed during our marriage valid if I was awarded the dog in the divorce?

Seller is trying to take the dog back from me stating the contract says if the breeder can not care for the dog the seller has the right to reclaim.

Brian K Jackson
Brian K Jackson answered on Oct 28, 2016

It depends. There are probably good arguments on both sides and what the language specifically says in the contract could determine the outcome.

1 Answer | Asked in Contracts and Construction Law for Utah on
Q: what can a contractor do if I don't pay him his final payment due to not completely work in timely manner

We hired a contractor in May to build us a cabin. It is still not complete. There was no signed contract and he has taken his family and his four wheelers to our property every weekend and trashing it with barely no work done. What can he do if we fire him and don't pay him the final payment?

Brian K Jackson
Brian K Jackson answered on Oct 28, 2016

It depends on how close he is to be done with the cabin and what the timeline was for it to be finished if there was one, how much you have paid so far and how much you still owe. He can still have a claim for all the work he rendered under the doctrine of unjust enrichment even if there isn't a... Read more »

1 Answer | Asked in Contracts and Family Law for Utah on
Q: How does splitting a loss on an ATV work with an ex who is not cooperating when we have a signed agreement?

Hi there. My ex and I split up (we were not married), and financed an ATV together that we are going to sell. I am the only one on the loan, but we are both on the title. Him and I have a written, signed agreement that we will split the loss we take on it once we sell it. As most break ups seem to... Read more »

Brian K Jackson
Brian K Jackson answered on Oct 28, 2016

Yes is a small claims matter. Depending on the agreement and the relationship with the loan, it would most likely be enforceable. Probably a good thing you did that since you aren't married.

1 Answer | Asked in Uncategorized, Consumer Law and Contracts for Utah on
Q: Leased a vehicle two months ago. The Transmission went out. Who should pay for the cost?
Adam Studnicki
Adam Studnicki answered on Feb 16, 2016

The lease agreement should be reviewed.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem...
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