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.

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

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

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.

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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.

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.

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... View More

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... View More

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... View More

If the condo is in Nevada, then you will need an opinion from a Nevada attorney. Suing someone for interference with a contract is possible, but normally you have to prove exactly how much money you lost. If you sell the home to someone new, and get the same amount as was in the original contract,... View More

Quiet title, slander of title, and wrongful lien against real property are potential causes of action in a situation where an improper lien is placed on real property. Injunctive relief and money damages, along with attorney fees, may be recoverable with improper liens.

In slander of title... View More

That is hard to say. Your insurance may cover any issues, or they may have left it out of your insurance agreement. When you buy the home, it's hard to pursue the prior owner for less than professional work, as you did have the opportunity to inspect. The city or county where the home lies may... View More