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Utah Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law and Contracts for Utah on
Q: If my lease is ending do I still need to give my apartment complex 60 days notice before moving out?

My lease ends this month and the apartment complex says that I need to give them 60 days notice that I'm moving out. I've never heard of needing to this. If I have to comply I'll be paying a ton more for a month to month contract which I don't want to do.

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 16, 2022

The answer lies in your rental agreement. Does it require 60 days notice?

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1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Utah on
Q: I have estate with it’s own EIN. We are selling a house. Does the estate pay takes and what rate?

At time of death it was valued at $270,800. Selling at 373k. It’s the only asset. Do we pay capital gains tax? What rate? Or does each descendant get a 1099 and pay their own taxes?

Wesley Winsor
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Wesley Winsor
answered on Feb 10, 2022

This is a better question for your accountant, but normally the estate will issue a K1 to each beneficiary that received cash distributions from the sale of the house that year. The house appreciation from the date of death will be attributable to the beneficiaries to whom it was distributed to at... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: Does "written notice" to a landlord need to be signed and dated? Are emails and texts considered 'written notification"?

My wife and I are elderly and bought a house with a mother in law apartment 3 years ago (only our names are on the title and mortgage) but share expenses--mortgage, utilities, repairs and upgrades with our son and his family. He recently has tried to install a hot tub without our permission. When... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Dec 27, 2021

Normally your signed agreement between the parties will answer these questions. I highly recommend, whether you have an agreement or not, to sit down for a few minutes with an attorney to discuss your options. Most attorneys will do this first appointment for free to see whether they will be able... View More

1 Answer | Asked in Real Estate Law for Utah on
Q: If I bought a house with someone who didn't actually financially contribute to the house in any way and only paid

2 mortgage payments be entitled to half the home if it is sold?

Kenneth Prigmore
Kenneth Prigmore
answered on Nov 1, 2021

Step one is to communicate with this person regarding what they expect to receive in a sale of the home. Any value gained since the purchase, will be funds in question. (A court may find that the increase in value must be divided, you won't know until you receive a final judgment from the... View More

1 Answer | Asked in Real Estate Law for Utah on
Q: If I were to buy a house with a married man that I’m not married to, would the wife have any right to the house?

If something were to happen to him, could she possibly get half or anything? They haven’t been together for many years. Him and I have two kids together

Kenneth Prigmore
Kenneth Prigmore
answered on Oct 26, 2021

The answer depends on what you have listed on the deed. If the deed says two people own the house "as Joint Tenants" this means that when one dies, the other will own the full house. If the deed only lists both of your names, then when one dies, their half of the house will be a part of... View More

1 Answer | Asked in Real Estate Law for Utah on
Q: can i use a lawyer to sell my property and not use a real estate agent because i have a buyer?
Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2021

Yes

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... View 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... View 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.

Aric M. Cramer
Aric M. Cramer
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.... View 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... View 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... View 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,... View 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... View 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... View 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...
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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... View 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... View 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... View 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... View 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... View More

Wesley Winsor
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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... View 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... View 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... View More

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