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Utah Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Utah on
Q: Can seller be held liable for non disclosure of future HOA assessment that took place after sell of home?

We are being sued buy the buyers of our home for an HOA assessment that took place 5 or 6 months after the sell of the home. We knew there were issues with the moisture barrier of some of the homes in the neighborhood but our home had no such issues (this was disclosed). Apparently the HOA sent out... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Mar 22, 2021

Whether or not you are liable is a judgment call. A judge might determine that since the email was issued by the HOA and it arrived in your email box, you had opportunity to review the email and warn the buyer.

OR, a judge might decide that the email had no specific meaning as you had no...
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 Real Estate Law and Banking for Utah on
Q: my mom and I are both on the title of the house how do I remove her off without her signing ?

She won’t sign for me to refinance. I am the main person on the loan and she’s a co-signer. I don’t want her on my loan.

Kenneth Prigmore
Kenneth Prigmore answered on Jan 20, 2021

When you add someone to the title of your home, you have given them partial ownership. If you did not specify how much ownership on the deed, then everyone listed on the deed has an equal share. In a lawsuit started by either party, the home could be forced to be sold and the proceeds divided... Read more »

1 Answer | Asked in Real Estate Law for Utah on
Q: Is earnest money required?

I have raw land I’m selling without the help of a real estate agent. I have not placed the land on market, the seller approached me asking to buy. We agreed on a price and want to move forward as easily as possible. I’m using a Utah REPC and plan to take the contract to a title company and have... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Jan 13, 2021

Earnest money invites only serious buyers to get involved in a transaction. The earnest money does not force the buyer to buy your property, so no, the earnest money is not necessary for the REPC to be effective.

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 Real Estate Law for Utah on
Q: The following text is in our lease in the Holdovers clause:

Section 50. HOLDOVER: Holdover shall be in accordance with the provisions of Section 2. LEASE DATE AND TERM. All provisions of this Lease that are not inconsistent with a tenancy based on the terms in Section 2. LEASE DATE AND TERM shall remain in full force and effect. During the tenancy, Tenant... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 17, 2020

Your willingness to type the entire clause in your question for review is admirable. Unfortunately, no contract is limited to just one clause. Frequently, poorly written contracts can even have competing clauses. When you ask "or just in the event of a Holdover" it is impossible to say... Read more »

1 Answer | Asked in Civil Litigation, Real Estate Law, Landlord - Tenant and Small Claims for Utah on
Q: I paid rent the past 6 months without a lease and I can prove that can I sue for being locked after paying rent

I paid rent on the 15 I was locked out and my room was broke into everything taken from it along with my safe broke open and emptied I had a dead bolt that only I had the key to. What cAn I do if I had no lease but te ts from roommate that renterd to me that contain rental agree ments and video of... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 9, 2020

If you can't afford an attorney, go to www.utahlegalservices.org. They will represent you if you qualify.

Once the police choose to back out of the situation, your only option is to sue the landlord.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: UT. Only I singed the lease. Landlord's info not present. Paid a deposit and one months rent. Is the lease still binding

I was told I'd be able to use the private hot tub on property. Being denied access. Hot tub not mentioned in lease. Lease not signed by anyone but myself. Can I move out without penalty and get my deposit back?

Kenneth Prigmore
Kenneth Prigmore answered on Nov 6, 2020

If you sign the lease, and give the landlord a copy, he is in control of whether the lease is valid. If you sue to enforce the lease, the landlord can argue he never signed it and that you are on a month to month tenancy. If the landlord wants to enforce the lease, he can hand you a signed copy and... Read more »

1 Answer | Asked in Real Estate Law for Utah on
Q: Do we owe taxes on Utah house sold 2 months ago, if no mention of prorated taxes on final settlement?

Sold our house in Utah 2 months ago. Just received email from title company asking for us to send $7,000+ to cover the tax bill that the new owner is responsible to pay. If there was no mention of prorated taxes on the final statement that we all signed the day of closing, isn't that in itself... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 5, 2020

I suppose in unusual cases, this could go either way. The Real Estate Purchase Contract almost surely covered this even when the Settlement Statement did not. It can be argued that the final Deed replaced the REPC.

Without reviewing all of the documents, it's difficult to be sure what...
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1 Answer | Asked in Real Estate Law for Utah on
Q: What happens if signed a purchase agreement of my house for buyer to buy it and backed out before closing?
Kenneth Prigmore
Kenneth Prigmore answered on Oct 27, 2020

It is not clear by your question which party backed out. The Buyer or the Seller? Earnest money is normally required by a buyer in case they back out. If the requirements under the contract have been met, the Buyer will lose the earnest money.

If the seller backs out, and they don't...
Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Utah on
Q: Is hiking across posted private property a trespass in Utah? My intention is to get to the other side, nothing else.

Scenario: I am hiking near Zion National Park and come across a fence that says "no trespassing". I'm trying to reach the highest point in Zion National Park but it is surrounded by cliffs (which I can't climb) and private property on the adjacent lands. There is a sign posted... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Sep 23, 2020

In Utah, if you own property, you have a right to control who enters that property. Without an invitation, you are trespassing. If someone sues you for trespassing, they normally need to show what damage you did on their property to win money. In unique cases, someone may win more money than normal... Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Utah on
Q: I'm a land owner of manorlands housing association fighting for my rights while a lien has been put against land..
Kenneth Prigmore
Kenneth Prigmore answered on Sep 16, 2020

You are writing from Wyoming, and this is the Utah board, so we can only answer questions regarding property in Utah. Owning property in a HOA is a gamble as you get the benefit of controlling what happens in your HOA according to the rules, but if you ever cross the rules, you may have problems of... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Utah on
Q: My ex is selling his house and I am apparently on the title. What advice would you give me on what to do?

My ex called me tonight to let me know he is selling his house but can’t because my name is on the title. He is asking me to sign documents that basically give my rights to the house away? I don’t know how this works and I had no idea I was even on the title. We was never married. We bought... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Sep 11, 2020

As a Real Estate attorney, I don't have much to tell you. Outside of a marriage relationship, if someone places your name on the deed, this is normally either a gift, or a purchase, of 50%. When a parent adds a child to their deed, the child is now a part owner.

Because you had a...
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1 Answer | Asked in Real Estate Law for Utah on
Q: Amberley Condominiums in West Jordan wants to increase HOA fees next year from $200 to $300.

They justify the increase in a study carried out to make future repairs, however, families in this pandemic are unable to pay that increase. Is there any way to prevent this increase?

Kenneth Prigmore
Kenneth Prigmore answered on Aug 26, 2020

HOAs are designed to get a particular result in the neighborhood: everything looks nice, nothing seems out of place. If you every disagree with the HOA, and you can't get enough people in the HOA to vote to do things your way, then you are stuck. Many HOAs cycle through power struggles similar... Read more »

1 Answer | Asked in Real Estate Law for Utah on
Q: I have a back up offer in on a house. Can I offer the person in the first position money to buy them out of the contract
Kenneth Prigmore
Kenneth Prigmore answered on Aug 26, 2020

Here's what you want to avoid: getting sued for interference with a contract. The buyer and seller have a contract, and you step in and stop that contract. To avoid this type of lawsuit, anything you do needs to result in making both the buyer and seller happy.

One option is to pay...
Read more »

1 Answer | Asked in Real Estate Law for Utah on
Q: What are the laws on being stalked and getting out of a lease? My son and his wife have been stalked by unknown person

Received weird images of world terror and killing on his car and taped to apartment doorstep. Have come home to find door ajar after locking it. They’ve filed police report. The complex will let them out of lease at the cost of $4000 which they can’t afford but they are afraid and have come... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Aug 15, 2020

These things are illegal. file police reports and do your best to gather evidence. If you can get video or photos of these people they can be prosecuted and possibly go to prison.

1 Answer | Asked in Real Estate Law for Utah on
Q: I paid for the whole month of August for rent and then just paid to get out of my lease. How long should I have to move.

There is no specification in the lease on this and we have done absolutely no damage to the property we actually increased the value of it by doing free work for the landlord

Kenneth Prigmore
Kenneth Prigmore answered on Aug 13, 2020

Your situation is just complicated enough that there is no way to give you an effective answer without reading the lease. I recommend you take the lease to an attorney to see what your options are.

1 Answer | Asked in Real Estate Law for Utah on
Q: Person A- sole mortgage holder. Person B-is on the deed. Can a 3rd be added without B permission? How is equity split?

Can a 3rd person be quit claimed on the deed without person B? And then when the home is sold does the equity split three ways ?

Kenneth Prigmore
Kenneth Prigmore answered on Aug 5, 2020

Having a mortgage does not equal ownership. As long as the terms of the mortgage are met, the mortgage holder will never be an owner. Only the owner, or a court, can give ownership to another party. Equity is divided equally between owners. This equal percentage can change if the deed specifies a... Read more »

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 »

1 Answer | Asked in Real Estate Law for Utah on
Q: My apartment lease is up soon. What steps will be taken if I don't leave after it expires.
Kenneth Prigmore
Kenneth Prigmore answered on Jul 15, 2020

The answer to your question depends on your lease. Some say that after the lease ends, a new lease begins if neither party terminates the contract.

If you lease really ends, then if neither party terminates, many contracts continue on a month to month basis.

If they give you...
Read more »

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