Escrow and Closing in Real Estate Transactions

Posted in Blog, Real Estate Law by

By Tyler Foutz Once the contract contingencies have been completed, the real estate transaction progresses to what is commonly called Closing.  Closing simply means that each party completes their contractual obligations – the Seller provides a deed, and the Buyer provides the purchase funds.  In Utah, Closings are completed by title companies who act as Read More

Six Things to Consider Before Suing in Small Claims Court in Utah

Posted in Blog, Commercial Litigation by

By Joseph G. Ballstaedt 801-365-1021 [email protected] Smalls claim court is a very quick and efficient place for resolving many simple legal disputes. The process is tailored to helping normal people, with no legal training, succeed. A judge hears each side’s facts and quickly makes a decision, usually in a matter of minutes. Generally, the alternative Read More

Although Unfair, Utah Employers Can Often Terminate At-Will Employees to Avoid Paying Commissions

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By Joseph G. Ballstaedt 801-365-1021 [email protected] There are a variety of laws that protect employees, such as minimum wage and overtime laws, but many Utah and federal laws seem to favor employers over their employees. The Utah Supreme Court recently issued an opinion that seems to be in line with the majority of employment laws Read More

Are Non-Competition Agreements in Utah Enforceable?

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By Joseph G. Ballstaedt 801-365-1021 [email protected] Generally speaking, a non-competition agreement is an agreement between an employer and an employee where the employee agrees to not compete with the employer’s business. They usually prohibit the employee from selling or offering to sell products or services that are like the employer’s products or services. Under Utah Read More

Can an Employer in Utah Charge an Employee the Cost for a Uniform?

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By Joseph G. Ballstaedt 801-365-1021 [email protected] Employers in Utah often require their employees to wear uniforms, some of which are quite expensive. Utah employers often want their employees to bear the costs of these uniforms. Under Utah and federal law, can they do this? As with many legal questions, the answer is “it depends.” Uniforms Read More

Construction Liens: A Basic Comparison Between Utah and Idaho Law

Posted in Blog, Commercial Litigation, Construction Law, Real Estate Law by

By Joseph G. Ballstaedt 801-365-1021 [email protected] Many contractors, subcontractors, suppliers, and other parties in the construction industry conduct business in both Utah and Idaho. To preserve and enforce their construction lien rights, these entities must be aware of and adhere to the different laws that govern Utah and Idaho (in addition to any other states Read More

Enforcing Lien Rights in Utah Through a Construction Lien Foreclosure Lawsuit

Posted in Blog, Commercial Litigation, Construction Law, Real Estate Law by

By Joseph G. Ballstaedt 801-365-1021 [email protected] As I have explained earlier, liens are automatically created when a worker, contractor, subcontractor, supplier, or other person or entity provides construction services on real property. Although nothing more is required to create this lien, the lien claimant quickly loses the lien forever if he doesn’t take certain steps Read More