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Utah Real Estate Law Questions & Answers
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...
Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for Utah on
Q: If I've paid off a home equity can they charge me attorney,appraisal fees, and owe property tax home insurance

Included mortgage payment in to escrow. I receive a letter to pay or I'm in default

Kenneth Prigmore
Kenneth Prigmore
answered on May 8, 2019

As it has been five weeks since you posted, I suspect you have already been forced to make a decision. In case this issue comes up again, most of your relationship with the mortgage company is controlled by contract. Many lenders will agree to waive mortgage insurance if your equity exceeds a... Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Utah on
Q: My dad's landlord has been collecting rent from my dad and today we found out due to code enforcement that we have 10

Days to move cuz it is city property. Not our landlords. He refuses to refund any money or help with moving costs. We signed a lease and everything. What are our rights?

Kenneth Prigmore
Kenneth Prigmore
answered on May 8, 2019

Since 10 days have already passed, I assume you are already out of the property, unless you retained an attorney that was able to help you work something out with the city. In regards to paying rent and getting a refund from the landlord, any rent paid in advance for days you aren't allowed to... Read more »

1 Answer | Asked in Real Estate Law for Utah on
Q: as the Grantor can i have a virginia quitclaim deed notarized in utah?

as per my divorce settlement, i am required to file a quit claim deed for joint property in virginia, however i now live in utah.

Wesley Winsor
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Wesley Winsor
answered on Mar 4, 2019

Yes,

You can sign a deed and have it notarized here then record it in Viriginia. Utah Notarized documents are respected and honored in Virginia or anywhere else in the U.S. for that matter.

1 Answer | Asked in Real Estate Law for Utah on
Q: I am buying out my co-owner on a residential home for an agreed amount of $62,350.

Our agreement is he gets $50,000 now and signs a warranty deed and the balance of $12,350 after/when the house is sold in the very near future. Is it to my benefit to use a promissory note of a trust deed for the $12,350

Wesley Winsor
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Wesley Winsor
answered on Mar 4, 2019

Not sure I understand. He is signing the deed now? If so then, you would be giving him the promissory note for the remaining $12,350.

Trust deeds are secured by land, promissory notes do not inherently have any collateral attached to them. As you are the borrower in this case, it is best...
Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Utah on
Q: If commercial lease has no damages clause, what happens if tenant is not in space by date noted in lease? get damages?

Landlord did not have space ready by the time lease said. Can I get damages from them even though there is no language in the lease about what happens in this case and no language about damages whatsoever?

Wesley Winsor
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Wesley Winsor
answered on Jan 10, 2019

In my opinion it would be difficult to persuade a Court that you should get damages. If the lease is silent on the matter, you would have to show detrimental reliance. Meaning, that they knew it would cost you if you didn't get the space on time, and that you relied on their representation... Read more »

1 Answer | Asked in Small Claims, Contracts, Real Estate Law and Landlord - Tenant for Utah on
Q: I signed a contact for 12 months that states it auto renews after the 12 months unless they receive 30 days notice.

I am now trying to buy a house but they say I'm in a contact for 8 more months. I've lived here 1.5 years after the initial contact was complete. Is this legal? Is this something I can fight in court or is it something I more than likely will lose. They want 3 months rent for fees.

Wesley Winsor
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Wesley Winsor
answered on Jan 10, 2019

Contracts with auto-renewals are valid. It cuts both ways, if you didn't want to move they couldn't terminate the contract for another year.

More common than the auto renewal contract is the one that goes a month to month after the expiration of the initial term.

I am...
Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Utah on
Q: What are my obligations to a contract when the company I entered it with is not registered with the state?

I am trying to move, but my landlord won't let me sell my contract/sub-let it even though the contract has a provision that allows it as long as the landlord agrees to it. Instead, they want to find a new tenant and increase the rent by $100. I combed through the contract and found that they... Read more »

Wesley Winsor
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Wesley Winsor
answered on Jan 4, 2019

Yes, the contract is enforceable. If the business is expired, the only thing that it means is that, they can get in trouble with the department of corporations and they may be personally liable rather than having the limited liability they probably thought they had.

I hope this helps.

Wes

1 Answer | Asked in Real Estate Law and Civil Litigation for Utah on
Q: Is it possible for a company to buy half a house if im just on the deed. And the homeowner has not signed on his end?.

If it is possible does that company have the right to kick me out of the home?

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Dec 12, 2018

As long as you are on the deed, they are unable to kick you out. You are an owner. House ownership can be split among persons and sold separately from each other. Each owner will have an undivided right of use and enjoyment of the property ( you can's draw a line in the middle of the house... Read more »

1 Answer | Asked in Real Estate Law for Utah on
Q: What is the meaning of "proportionate" in determination of HOA fees under 57-8a-201/
Wesley Winsor
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Wesley Winsor
answered on Dec 12, 2018

The term "proportionate" isn't defined in the act and therefore you would need to look to CC & R's of HOA itself. If it is not defined in the CC & R'rs then it would take the ordinary meaning in an HOA or industry context.

I hope this helps.

Wes

1 Answer | Asked in Real Estate Law for Utah on
Q: You I've been renting a room in a Utah home for a year and a half.

She increased the rent from $500/month to $650/month when me lease expired at 6 months. I never got a copy of the original lease. What rights to I have regarding being evicted for a late payment of the monthly rent.? The best proof I have of living here is a USPS Informed Delivery account they gave... Read more »

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Dec 12, 2018

Hi,

You have the same rights as any other tenant who defaults on the lease. You could ask for a copy of the lease. Have you tried to do that?

Basically, if you are defaulting for payment, the Landlord has the right to evict you because you are breaching the contract. If the...
Read more »

1 Answer | Asked in Real Estate Law for Utah on
Q: I want to add my son's name to the title of my house as joint tenancy. The title is free and clear. How do I do that
Vincent Gallo
Vincent Gallo
answered on Oct 20, 2018

You would properly prepare, execute and acknowledge the deed and ancillary transfer forms required by the county clerk and then record them with the county clerk.

1 Answer | Asked in Real Estate Law for Utah on
Q: Does the seller need to get title insurance on a property that is free and clear and is being purchased in a cash deal?
Vincent Gallo
Vincent Gallo
answered on Oct 6, 2018

The purpose of title insurance is to guarantee you that the property is “free and clear”.

1 Answer | Asked in Real Estate Law for Utah on
Q: If a seller leaves Items after closing can I throw them away or just keep them?
Lincoln W. Hobbs
Lincoln W. Hobbs
answered on Aug 28, 2018

Yes. Your choice. You might want to call first and make certain they didn't leave them by mistake.

1 Answer | Asked in Civil Litigation and Real Estate Law for Utah on
Q: Can Realestate, in this case a condo be listed for sale while under litigation between a HOA and a builder?
Wesley Winsor
PREMIUM
Wesley Winsor
answered on Aug 17, 2018

The short answer is yes. You can list anything that you own for sale. If you are going to give out seller disclosures, you will need to disclose the fact that there is pending litigation.

From this question, I am not even sure if you are the owner of the property. The answer is, an owner...
Read more »

1 Answer | Asked in Real Estate Law for Utah on
Q: Sold my house after only living there 19 months. Used profit for down on new house. Am I going to be taxed on profit?

Married, filing jointly. New primary residence was less than $500k. It's the less than two years at the old primary residence that worries me.

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Aug 15, 2018

Great question. While it is true, you are not allowed to take the maximum exclusion amount of $250k you might be eligible for some exclusion amount. In order to qualify for some, the reason you moved (the move has to be 50 miles away or more) has to be due to some unforeseen circumstances such as... Read more »

1 Answer | Asked in Bankruptcy and Real Estate Law for Utah on
Q: I need help understanding Utah Sec. 78B-2-309(2). Someone is trying to use it against us saying they no longer owe us.

78B-2-309(2)

Michael Sundwall
Michael Sundwall
answered on Jul 13, 2018

The Utah code section you reference is a statute of limitations on written contracts. It says you cannot collect on a debt created through a written contract more than six years after that became do or the most recent payment was made. However, this statute limitations applies to unsecured debts.... Read more »

1 Answer | Asked in Real Estate Law for Utah on
Q: In Utah, does an HOA legally have to follow a reserve study?

My HOA claims that we need to double our monthly dues to match the reserve study we just had completed, and when questioned with why it needs to happen so fast, as opposed to a more gradual change, we are only told it's the law with no further answers. I attempted to look up the law, and due... Read more »

Lincoln W. Hobbs
Lincoln W. Hobbs
answered on May 20, 2018

There's no easy answer to this question. Association Boards have discretion to determine a reasonable reserve policy. Although it depends upon what the Association's governing documents say, it is usually the Board's right and duty to determine how reserves should be funded. Your... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Utah on
Q: Lease agreement contract

If I sign a lease that states I am required to pay $3100 for early move out, plus paying rent for the other months left in the term, can I fight that in court? Is it legally acceptable for a property management company (landlord) to make you pay rent for months in which you are not living at the... Read more »

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Apr 13, 2018

Contract law imposes a duty to mitigate damages. So if you breached the agreement then technically you are responsible to pay rent for the months that you said you would in the contract. However, if the property management company is able to "re-rent" the place quickly then this would... Read more »

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