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Utah Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Utah on
Q: We recently bought a home. The sellers upon move out did not leave us the pool and clubhouse key card.

Upon moving in, it was our expectation that we would receive all the keys associated with the house. In our previous residence, we lost our pool key, and replaced it upon moving out. We expected and should have received the same at our new house. We contacted our HOA, and they said it was our... View More

Lincoln W. Hobbs
Lincoln W. Hobbs
answered on Nov 3, 2016

The seller should have given you the key; since they didn't, the association ought to, but is not legally required to give you a key either for free, or at no charge. It's not a good sign if the association welcomes new owners by not giving them a key.

1 Answer | Asked in Land Use & Zoning, Criminal Law and Real Estate Law for Utah on
Q: My neighbor has a right of way across my property to access his property to my south. He has a camera in his window

Viewing my property. I feel uncomfortable going outside to garden or whatever. Is this legal?

Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

It depends on how the area is setup and whether or not you have a reasonable expectation of privacy in that area. If you are uncomfortable, you can start by talking to the neighbor about it being as kind and courteous as possible. If for some reason that doesn't work, you can get an attorney... View More

1 Answer | Asked in Real Estate Law for Utah on
Q: I'm trying to buy property for sale by owner. The seller is insisting on a check that she will cash to"make sure it's g

Good". I'm insisting on a lawyer holding it until closing. Should I run?

Lincoln W. Hobbs
Lincoln W. Hobbs
answered on Oct 27, 2016

If you haven't already run, yes you should. Why should you trust her, if she's unwilling to trust you?

1 Answer | Asked in Family Law and Real Estate Law for Utah on
Q: My ex wife is selling the marital home. The buyer is her husband now. Is that legal in the state of Utah.
Clinton R. Brimhall
Clinton R. Brimhall
answered on Aug 26, 2016

If she is violating the terms of the divorce decree or mishandling an asset that is held in a trust, that might be problematic. Otherwise, I am doubting that there is a problem.

1 Answer | Asked in Stockbroker Fraud, Real Estate Law and Landlord - Tenant for Utah on
Q: I received an offer through an out of state broker to lease my building. I had no prior listing with anyone.

Will I owe him a commision. There was no discussion, when he made calls. He obviously is working on behalf of the prospective tenant. I do not think he is licensed in Utah

Lincoln W. Hobbs
Lincoln W. Hobbs
answered on Aug 17, 2016

Assuming you only spoke by phone and did not agree to pay a commission, no commission would be owed. He may seek to recover under an equitable theory, if he produced a lessee to whom you leased, but it is unlikely he could recover.

1 Answer | Asked in Real Estate Law and Small Claims for Utah on
Q: If my REPC for the purchase of my new home included a side by side stainless steel fridge and window coverings and the

Seller took the fridge, curtains and rods when they moved out, can I go to small claims court? The value of the fridge was 2,000. Mediation failed.

Lincoln W. Hobbs
Lincoln W. Hobbs
answered on Aug 11, 2016

Yes, you can. The small claims limit is $10,000 in Utah.

1 Answer | Asked in Real Estate Law for Utah on
Q: What is the definition of closing in Utah. My seller has asked for 72 hours after closing
Lincoln W. Hobbs
Lincoln W. Hobbs
answered on Aug 11, 2016

Closing is the signing of the documents. It's often done by both parties at the same time, but sometimes the seller and buyer close separately. The contract is "closed" when the second person signs it. So presumably the seller wants 72 hours to vacate after the closing.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Utah on
Q: Is there anyone who can help with secondhand smoke coming into our private home from a duplex next door?

There is all kind of help for landlords and tenants relating to secondhand smoke, but we are finding it difficult to find help for secondhand smoke coming from a duplex next door, and entering into our home. It is so bad, that our family is experiencing everything from eye irritation, nasal and... View More

Margaret Olson
Margaret Olson
answered on Aug 10, 2016

Under Utah law, environmental tobacco smoke is a statutorily defined nuisance. See Utah Code Ann. 78B-6-1105. While this statute is expressly directed to condominium units and apartments, it should also apply to a duplex that you are renting. You may need to have a lawyer assist you in evaluating... View More

1 Answer | Asked in Municipal Law, Animal / Dog Law and Real Estate Law for Utah on
Q: If my dog is on my own condo association's common property, am I subject to local leash laws? Or just condo by-laws?

Our puppy slipped under our private gate onto condo property. We recovered her within seconds, but a neighbor complained to police of a leash law violation. We came home after an evening out to find a note that warned of a citation if we did not contact the officer about the complaint. We looked up... View More

Lincoln W. Hobbs
Lincoln W. Hobbs
answered on Aug 10, 2016

That would depend upon your condominium association's governing documents and the local ordinances. Many condominium declarations expressly incorporate municipal animal ordinances. You do have an interesting defense if the city is seeking to fine you, rather than the association.

1 Answer | Asked in Real Estate Law for Utah on
Q: Can my HOA restrict owner/builders or general contractors?

My HOA recently adopted a "no owner/builder and only approved general contractors" guideline in their architectural review process. If the GC is licensed in the state, can't I hire who I want or even owner/build if I fill out the proper paperwork?

Brian K Jackson
Brian K Jackson
answered on Jan 8, 2016

It depends on the language of the contract in the HOA. If there really needs to be approval from HOA given the language, then you can still choose anyone, you would just have to go through the approval process from the HOA.

1 Answer | Asked in Real Estate Law for Utah on
Q: My elderly father wants to sell his house to my niece below market value. How would this be done?

He does own money to creditors. Will this interfere with the sale? Also, will it be possible to put her name on the title and eventually take his name off so that when she tries to refinance his poor credit will not affect hers? The house and property in question are located in Bluffdale, Utah... View More

Brian K Jackson
Brian K Jackson
answered on Jan 8, 2016

He can sell the house at any price he wants. If he doesn't sell the house subject to the mortgage then he would still have to pay it off. If he does sell subject to the mortgage then she would assume the mortgage. If she tries to refinance her name would be on the title and it would just be... View More

1 Answer | Asked in Real Estate Law and Tax Law for Utah on
Q: Is there a way to put my mom's name on a property deed, but she's not responsible or own the property?

Then after her death it just goes back to me. This is to show her ownership to get the property tax relief. I own the property, but she lives there and pays for everything dealing with the property.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 19, 2015

She probably needs to "own" the property in order to qualify for the tax exemption. See an attorney in your jurisdiction to find out the best way to accomplish this. A life estate is one possibility.

1 Answer | Asked in Real Estate Law for Utah on
Q: Can I verbally revoke my exercised option to purchase a piece of property?

about a week after exercising my option to purchase property from a trust, I was informed the appraisal, that was provided to me by the trust, was inaccurate due to an invalid comparable. This comparable had been given substantial weight in the appraisals valuation, which made the property appear... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 10, 2015

You do NOT want to try to revoke orally. I strongly doubt that the defect in the appraisal is enough to cancel your exercise of the option, but to see if you have any chance you should consult with an attorney in your jurisdiction.

1 Answer | Asked in Real Estate Law for Utah on
Q: If a neighbor builds a wall separating your two houses with out consulting you on it, are you required to pay half?
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 4, 2015

This is what is called a unilateral act. People are usually completely responsible for their unilateral acts. But the very best thing to do is to go see a local real estate attorney for specifically tailored legal advice.

1 Answer | Asked in Real Estate Law for Utah on
Q: The buyers backed out of purchasing my home 2 days before the closing date. Do i have to give their earnest money back?
Douglas J. Shumway
Douglas J. Shumway
answered on Jan 29, 2014

Whether or not you need to give the earnest money back would be wholly dependent on the terms of the REPC. Most purchase contracts would allow the seller to keep the earnest money if the buyer backed out two days before the closing was supposed to occur, but you would want a real estate lawyer to... View More

1 Answer | Asked in Real Estate Law for Utah on
Q: I signed a warranty deed for the house over to my wife, can I now revoke it?
Douglas J. Shumway
Douglas J. Shumway
answered on Aug 21, 2013

It is not likely that you can revoke a deed unless the deed specifically says that it is revocable. Allowing the revocation of deeds would really be against public policy because who wants to worry about having the seller of a piece of property 50 years ago coming back and revoking the deed,... View More

1 Answer | Asked in Real Estate Law for Utah on
Q: How long do I have after purchasing a home to dispute a property line to move a fence?
Douglas J. Shumway
Douglas J. Shumway
answered on Jun 26, 2013

There are many elements to your question that must be fleshed out in order to produce a satisfactory answer. Property law can get complicated and your particular situation may require contract law analysis as well. These cases can range from the relatively simple to the extraordinarily complex and... View More

1 Answer | Asked in Real Estate Law for Utah on
Q: Does the person who purchased property in Utah have to honor ingress and egress rights given by the previous owner?
Douglas J. Shumway
Douglas J. Shumway
answered on Jun 13, 2013

The answer to that question is that it depends on a number of things, but probably yes, the current owner would likely have to honor rights granted by a prior owner. Many times such rights are recorded in the public records but often disputes can arise simply because someone used a path for a... View More

1 Answer | Asked in Real Estate Law for Utah on
Q: Can the owner of his own property be charged with trespassing when he enters his own lot or his own home?
Stephen Howard
Stephen Howard
answered on Jan 11, 2011

Odd as it may sound, it is sometimes possible to be charged in Utah with trespassing on your own property.

For most property offenses (theft, criminal mischief, etc.), the statutes refer to "property of another." Trespass, on the other hand, refers simply to entering or remaining...
View More

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