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Utah Contracts Questions & Answers
1 Answer | Asked in Small Claims, Contracts, Real Estate Law and Landlord - Tenant for Utah on
Q: I signed a contact for 12 months that states it auto renews after the 12 months unless they receive 30 days notice.

I am now trying to buy a house but they say I'm in a contact for 8 more months. I've lived here 1.5 years after the initial contact was complete. Is this legal? Is this something I can fight in court or is it something I more than likely will lose. They want 3 months rent for fees.

Wesley Winsor
Wesley Winsor answered on Jan 10, 2019

Contracts with auto-renewals are valid. It cuts both ways, if you didn't want to move they couldn't terminate the contract for another year.

More common than the auto renewal contract is the one that goes a month to month after the expiration of the initial term.

I am...
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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Utah on
Q: What are my obligations to a contract when the company I entered it with is not registered with the state?

I am trying to move, but my landlord won't let me sell my contract/sub-let it even though the contract has a provision that allows it as long as the landlord agrees to it. Instead, they want to find a new tenant and increase the rent by $100. I combed through the contract and found that they... Read more »

Wesley Winsor
Wesley Winsor answered on Jan 4, 2019

Yes, the contract is enforceable. If the business is expired, the only thing that it means is that, they can get in trouble with the department of corporations and they may be personally liable rather than having the limited liability they probably thought they had.

I hope this helps.

Wes

1 Answer | Asked in Contracts and Landlord - Tenant for Utah on
Q: If a property manager forgets to sign a lease is the lease void ? do I have to pay for damages on lease if voided?

I recently rented out a apt. the lease that was signed was a lease takeover that was for 6 months, during the last 3 months i requested a copy of the lease, I then noticed that the manager forgot to sign the lease. I then signed another contract with her ( which i still have a copy of) stating that... Read more »

Wesley Winsor
Wesley Winsor answered on Jan 4, 2019

Contracts are enforceable against those who have signed them. So if you signed a lease but the LL never did, then they could hold you to it, but you might not be able to hold them to it. Signatures are just one method of "acceptance" of a contract. Performance is another. So if you... Read more »

1 Answer | Asked in Contracts for Utah on
Q: Land Lord Breaches Contract but wont let me terminate the lease

i pay for rent, plus an extra sum of money for sewer garbage and water to the landlord. The landlord is supposed to pay for sew, garbage and water and is stated in the contract. The landlord never has paid for garbage so the city started to charge the garbage to me. so i was paying double. i want... Read more »

Wesley Winsor
Wesley Winsor answered on Dec 12, 2018

Good question, it seems like you have understood the issues correctly. Your question of whether the breach is a "significant enough" breach is on point.

I think that you could certainly make a good argument that it is. The buildup of waste on a property due to non-disposal could...
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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
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 Contracts for Utah on
Q: we had lumber liquidators intall a floor for us in Utah the job is so bad we can't move into the home we want it replace

they damaged a vintage floor and now were not getting customer service to respond what can we do to get the floor we paid for

Wesley Winsor
Wesley Winsor answered on Sep 10, 2018

I am sorry for your frustration.

The first place would be to look at the service agreement or contract with Lumber Liquidators. If that doesn't have much, poke around on their website or call their customer service and instead of asking for them to fix it, ask for a copy of their...
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1 Answer | Asked in Contracts for Utah on
Q: Is it legal to have a deseased mothers name still on a Car title? My mother died in 2004..The car is licensed and insure

The registration is in my and my wifes name..But every year they send the renewal notice in her name..I live in SLC, Utah.. Is this legal?

Wesley Winsor
Wesley Winsor answered on Aug 15, 2018

Hello,

Although everything is working without having changed it, you should probably go to the DMV and fill out a small estate affidavit for motor vehicles to get her name off of the title. If you don't, your wife's siblings may have some claim on the car. The Personal...
Read more »

1 Answer | Asked in Car Accidents, Contracts, DUI / DWI and Employment Law for Utah on
Q: I crashed a company vehicle (into dirt) and ended up getting a dui. My employer took damage costs out of my last check?

Is that legal? I never signed a contractual agreement to pay for any damage to company property.

Michael S. Edwards
Michael S. Edwards answered on Jul 10, 2018

Well, if you owe them the money for the damage you caused, it seems that they simply applied "self-help," and got the money back from you quickly through your check. I don't know that there is any legal action you can bring to recover the money, unless you truly don't owe the... 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
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...
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1 Answer | Asked in Animal / Dog Law and Contracts for Utah on
Q: If I got a dog from an organization but months later changed my mind. Do I have to return the dog to them?

Yes we signed a contract but it was under $500 for the dog. I don’t see how they would have a right to her after a transaction took place.

Wesley Winsor
Wesley Winsor answered on Jun 8, 2018

Hello,

I am not sure I understand the situation. Let me see if I have this correct: 1) You purchased a dog from an organization for less than $500. 2) Later you changed your mind.

I am trouble understanding what 2) is intended to mean. Are you saying that you changed your mind...
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1 Answer | Asked in Contracts and Employment Law for Utah on
Q: Can a signed form within a company be changed after it had been signed and dated?

2/14/18 is when I signed to the pay increase of 12.48 per hour and sometime between 2/22-2/23 one of the other people on the document changed the pay increase to 12.21 per hour so I would be getting less money. They also did not inform me of this change nor did they ask me to sign a new form saying... Read more »

Wesley Winsor
Wesley Winsor answered on May 18, 2018

This is a good question, in addition to the issue of whether or not someone can enforce a contract that has been altered from the original provisions agreed to, there might be an issue of whether this was a contract at all.

In all contracts, there has to be "consideration" or...
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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Utah on
Q: Lease agreement contract

If I sign a lease that states I am required to pay $3100 for early move out, plus paying rent for the other months left in the term, can I fight that in court? Is it legally acceptable for a property management company (landlord) to make you pay rent for months in which you are not living at the... Read more »

Wesley Winsor
Wesley Winsor answered on Apr 13, 2018

Contract law imposes a duty to mitigate damages. So if you breached the agreement then technically you are responsible to pay rent for the months that you said you would in the contract. However, if the property management company is able to "re-rent" the place quickly then this would... Read more »

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... 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...
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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... 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... 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... 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... 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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