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Utah Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law and Contracts for Utah on
Q: HOA Put cloud on title for fees outside statute of limitations causing cloud on title. What remedies do we have?

The HOA sent an invoice for years outside the statute of limitations that were never given to the heirs until after the owners death.

When the owners went to sell, the hoa put a cloud on the title to collect the full amount, even though most of it was outside of the Nevada Statute of... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Jul 8, 2020

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,... Read more »

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1 Answer | Asked in Real Estate Law and Collections for Utah on
Q: Remedy for a frivoulous claim that clouds title

HOA FOr a condo put a cloud on title for past due hoa fees that were in dispute and outside of the statute of limitaitons.

THis caused a sale to fail. What remedies can we seek against the HOA owner?

Brian Craig
Brian Craig
answered on Jul 8, 2020

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...
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1 Answer | Asked in Real Estate Law for Utah on
Q: I am under contract to purchase a home. The seller disclosure form notes they finished the basement in 2019, but no

mention of a permit. I looked for one with the city and county, but I am unable to find one. A home inspection found the basement outlets polarities reversed, so I assume the basement was finished DIY. What are the future implications of purchasing a home with a finished basement sans permit?

Kenneth Prigmore
Kenneth Prigmore
answered on Jun 25, 2020

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... Read more »

1 Answer | Asked in Estate Planning, Landlord - Tenant and Real Estate Law for Utah on
Q: I have an inherited tenant in Ogden Utah until 2021 , I need the house vacant how to serve buyout clause?

I bought a house with two tenants, one is month to month and the other has a lease in place till next year.

I read about a buyout clause in the lease that doesn't specify who can use it. Is that an option?

I have other plans for the home in the short term. The house... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Jun 8, 2020

The answers to your questions are in your contract. As I haven't read the contract, I can't give you any sure answers. I will say that most Buyout Clauses in leases are designed for the Tenant to buy the property, not the reverse. How to serve documents on a Tenant, like a clause allowing... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: yes hi my name is danis Mace and I am part ownership of a tenants-in-common property that was our family home. my older

Sister lives on the property she has a manufactured home that she's renting out on the property also that I live in for five years and she made us leave she wanted more rent. I also have an older brother but my question is I've had things out in the shed out there and she's made me... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on May 18, 2020

There are many ways to deal with property owned by multiple people. Sometimes someone is allowed to stay on a property for free to care for it, thus protecting everyone's interest in the property. Other times one owner will live there as a tenant, and the other owners are landlords. In that... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for Utah on
Q: Any entitlem to any monetary settlements/damages due to a change of lending programs which delays closing and funding

We are supposed to close and fund on April 16th with the buyer using a FHA loan. We found out today that they changed to a USDA loan and could possibly delay funding past April 16th. I am paying for a moving company to move to Texas, closing on a new home on April 16th in Texas, and have to start a... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Apr 4, 2020

This is obviously a very difficult situation. The short answer is look to your contract. Unless it specifically promises you will get the damages you are describing, you are not likely to get them.

Your relationship with the buyer is tightly controlled by the deadlines in your Real Estate...
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2 Answers | Asked in Estate Planning, Divorce, Real Estate Law and Arbitration / Mediation Law for Utah on
Q: How to protect home in the event of future disputes. As always, things are well between us. But thinking forward.

I am purchasing a home and have the mortgage, and purchase contract under only my name. I have been in a relationship for 11 years with the same women - she is contributing 5% towards our 15% down-payment.10% coming from me. All mortgage payments made will come from a bank account solely under my... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Apr 2, 2020

This calls for a tenancy in common agreement. A good real estate attorney can help you with this.

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1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Utah on
Q: My uncle did some fraud to me and my family concerning my grandfather's will.

My uncle who was the executor for my grandfather's estate will not provide a will . iam in the will stating me and my jids can live there in his house under we pay utilities and house taxes. My uncle changed the locks broke into my sons room went threw all of our stuff and threw a lot of mine... Read more »

Wesley Winsor
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Wesley Winsor
answered on Mar 9, 2020

I am sorry for what you are going through. If you haven't seen the will how do you know you had a right to live in the house so long as you paid utilities?

This sounds like it would be very difficult to reverse what has happened as the house is now owned by someone else. If you are...
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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Utah on
Q: My parents died 33 and 35 years ago. Do I still need to probate there home. I'm only child!

I want to sell there home no one has lived in in25 years!

Nina Whitehurst
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Nina Whitehurst
answered on Feb 26, 2020

Probate is the process that is used to retitle assets that are still in the name of a deceased person. In order to sell the home you will need to update the title so that it is in your name. A Utah probate attorney can help you with this process.

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: Prop Manag Co bus. license exp./agent license revoked. Can he legally sue for eviction?

He filed eviction under a new company name I have never heard of and a copy of a lease that is not our original lease. Signatures are copy and pasted. He originally filed with "Property Management" for the business name but amended it to lease company name. After I questioned having no... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Feb 24, 2020

If you can prove he copy and pasted the signatures, that is criminal and he could go to jail. Take the proof to the county attorney's office and make sure they know which attorney he is using. The attorney may be in trouble as well.

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2 Answers | Asked in Real Estate Law for Utah on
Q: If a spouse dies just before you close on a contract you've written to purchase a house, are you still obligated to buy?

And are you entitled to your earnest money back, it happened after all dates expired so the earnest money went hard.

Kenneth Prigmore
Kenneth Prigmore
answered on Feb 20, 2020

The most likely answer is that you are going to lose the earnest money if you don't close on the purchase. I would definitely talk to the other side and explain you situation though. They may feel bad about your situation and offer to give back part or all of the earnest money.

The...
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1 Answer | Asked in Real Estate Law for Utah on
Q: seller wants to backout

hi I need some advice. I am in UTAH , I am seller of my house. Buyer of my house did not pay the earnest money with in 4 days of offer acceptance( he paid after 5days and did not inform us ). Can I back-out from selling contract? and What other clauses can help a seller backout?

Brian Craig
Brian Craig
answered on Nov 25, 2019

If the real estate purchase contract has a "Time of the Essence" clause or provision, this could help the seller rescinding the contract in this type of situation. The general rule with regard to contracts for the sale of land is that time is not of the essence unless the parties... Read more »

1 Answer | Asked in Real Estate Law for Utah on
Q: My father and his brother bought some property together and have a deed showing they are the sole owners of the property

My Uncle passed away, he did not leave a will. So what does my father now need to do? Does this need to be filed with probate court? Or does this now fully pass to my father?

Kenneth Prigmore
Kenneth Prigmore
answered on Oct 15, 2019

The answer depends on how your father and uncle owned the property together. If the deed says they are "joint tenants" then your father will receive sole ownership of the property. That would only require a simple document recorded with the county with a copy of the death certificate.... Read more »

2 Answers | Asked in Real Estate Law for Utah on
Q: Thier wasnt a will she sold the house right before she die an she had the money in her bank
Wesley Winsor
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Wesley Winsor
answered on Sep 23, 2019

If your question, is how do I get money out of the bank, then a child of the decedent or surviving spouse may be able to do it with a small estate affidavit providing that she has less than $100k in personal property including what is in the bank.

Wes

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2 Answers | Asked in Real Estate Law for Utah on
Q: Thier wasnt a will she sold the house right before she die an she had the money in her bank
Wesley Winsor
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Wesley Winsor
answered on Sep 23, 2019

If your question, is how do I get money out of the bank, then a child of the decedent or surviving spouse may be able to do it with a small estate affidavit providing that she has less than $100k in personal property including what is in the bank.

Wes

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1 Answer | Asked in Real Estate Law and Probate for Utah on
Q: my dad died we lost house he had paid for need help fast

my dad passed i am benificuary on a bunch of stuff i need help getting and my dad bought a house and has over paid for it the person we bought house from kicked us out and threw away all my dads stuff and sold house we want her to pay and give us our house back

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Aug 20, 2019

Hello,

I am sorry to hear about your Dad's passing. This can be a difficult time as his affairs are wound up. Who is executor or did your Dad have a will? Has anyone started a probate proceeding? If you are a child and an heir you would have probably received notice of this....
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3 Answers | Asked in Criminal Law and Real Estate Law for Utah on
Q: How do i prevent someone from coming onto my property when they have been verbally instructed not to but still do.

There has been physical altercation between the individual and one of the residents as well. Despite numerous times of being told to not come onto our property or into our home the individual has continued to do so. It is the boyfriend of one of our children. Neither are residents.

Aric M. Cramer
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Aric M. Cramer
answered on Aug 16, 2019

This is not a criminal law issue or question.

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1 Answer | Asked in Real Estate Law for Utah on
Q: Hi, my mother just passed. I am one of her sons and she has no living spouse. What happens with her home?

She had a living will but it's from years ago and not notarized or anything. Also, has a power of attorney as one of the sons. But again not notarized.

Kenneth Prigmore
Kenneth Prigmore
answered on Jul 16, 2019

It depends on a few things. Who are listed on county records as the owner of the home. Sometimes this may surprise you. If she signed and recorded a deed placing her property in a joint tenancy with someone else, that person now owns the property.

If she did not leave a will or trust...
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1 Answer | Asked in Real Estate Law for Utah on
Q: A/C in apartment broken for two months. Works in all units but mine. Can I withhold rent in Utah for this?

The owner paid to have someone fix the a/c and got it working in all units but mine. I am currently on a month to month plan because I am over on my lease. With that they charge additional rent plus a $100 month to month fee. I have told them many times that the a/c still isn't working in my... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Jul 9, 2019

You are free to negotiate your rental costs on future months, but your choice to stay is your acceptance of any past agreements that will cover the current month. If the landlord fails to provide a service that was previously agreed to, (perhaps AC has been part of the lease?) then you have an... Read more »

1 Answer | Asked in Real Estate Law for Utah on
Q: Is it legal for the neighbor to remove a fence on our shared property line without our consent?

Our joint fence was completely removed, and they have embarked on a 5 week process to construct a retaining wall and new fence. We were given no written plan or written notice. They have excavated on our property, and they are trying to get us to pay part of their project.

Kenneth Prigmore
Kenneth Prigmore
answered on May 28, 2019

If both landowners paid to install a fence directly on a property line in the past, then yes, they need your permission to remove or replace the fence. Many fences are not built on a property line, but are instead just on one property or the other.

If you have had your land surveyed, you...
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