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Utah Real Estate Law Questions & Answers
1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Utah on
Q: Does the revised nonprofit corporation act take precedence over an HOA's bylaws and CCRs? Thank you!!
Lincoln W. Hobbs
Lincoln W. Hobbs answered on Aug 24, 2021

It depends upon the provision in question. Many portions of the nonprofit act provide, “unless the governing documents provided otherwise…”

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 »

2 Answers | Asked in Criminal Law, Real Estate Law and Agricultural Law for Utah on
Q: So my grandmother before she passed took me down to the bank and

Quick claimed 3.25 million dollars worth of property into my name and once she passed the her daughters my mom and aunt foraged another quick claim deed into there names and sold the properties and I need help to bring them to justice and get whatever I can out of it.

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Aug 13, 2021

This issue is a Probate/Real Estate issue. And it is called a Quit Claim Deed.

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1 Answer | Asked in Bankruptcy, Consumer Law, Real Estate Law and Business Law for Utah on
Q: I had issues with Ditech when they bought my loan from another mortgage company. They failed to pay my escrow accts

Ditech bought my loan. They were given all of my escrow in early September that was due in November. I didn’t know Ditech never paid my taxes or insurance until I received a notic that my house was going to be auctioned off. I had to prove to Ditech that it was their responsibility to pay it.... Read more »

Timothy Denison
Timothy Denison answered on Jul 6, 2021

Sue Ditech.

1 Answer | Asked in Real Estate Law, Health Care Law and Landlord - Tenant for Utah on
Q: I found out the beginning of March that I was going to be unable to renew my lease for too many late payments during/no.

They want me to be moved out by the end of May it's not an addiction it's just a non-renewal do I have rights in anyting that can buy me more time or at least until June 30th. It's already extremely difficult to find a place and everything going on with the pandemic as it is. Also... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on May 20, 2021

Based on rights, you have a right to stay as long as contracted, and Landlord is has the right to do business with whomever he pleases. If he accepts payment for a new month, he must let you stay for that new month. Some landlords will change their plans if you give them an extra month's rent... Read more »

1 Answer | Asked in Real Estate Law and Small Claims for Utah on
Q: How to get my boyfriend off the title if I’m the only one on the mortgage loan
Kenneth Prigmore
Kenneth Prigmore answered on May 10, 2021

Title is legal ownership of a piece of real estate. Unless he was placed on title in error, or through fraud, your boyfriend currently owns a portion of the real estate. The only way to remove him in that case would be to get his signature on a deed releasing his interest to you, or if he refuses,... Read more »

1 Answer | Asked in Real Estate Law for Utah on
Q: If I’m a buyer on a house, can I still rent a different house?
Kenneth Prigmore
Kenneth Prigmore answered on Apr 29, 2021

There is no limit to the number of homes you can rent and buy at the same time. One important thing to remember is that many home loan agreements require you to personally live in the home you get the loan on for a specific period of time. Some as much as a year or more.

1 Answer | Asked in Real Estate Law for Utah on
Q: My wife upset my property manager, who is now trying to order us to paint our house claiming it's non compliant.

Other complaints against us since my wife upset him have been universal throughout the park, Bikes near but not in garage, etc. We lived here for 2 years largely left alone, I believe this is antagonistic retaliation.

Kenneth Prigmore
Kenneth Prigmore answered on Apr 29, 2021

I am sorry to hear that things aren't going well with your landlord. Your relationship is legally defined by state law and the contract. If the contract says you must paint, or if you are being required to do anything else that is in the contract, you normally will have to do it or you will be... Read more »

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...
Read more »

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 »

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