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Utah Real Estate Law Questions & Answers
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... View 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... View 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... View 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...
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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... View 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... View 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... View 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... View 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... View 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...
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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... View 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... View 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... View 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...
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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... View 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,... View 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... View 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... View 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... View 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... View 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... View 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... View 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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