Unconscionable and Unenforceable Contracts in Utah

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By Joseph G. Ballstaedt 801-365-1021 [email protected] Almost every contract in Utah is enforceable, but a contract or agreement that is unconscionable is unenforceable. The contract defense of unconscionability prevents oppression and unfair surprise. This article discusses the difficult task of overcoming the general presumption that contracts are enforceable, the elements needed to prove unconscionability, and Read More

Rights Under Express Easements in Utah

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By Joseph G. Ballstaedt 801-365-1021 [email protected] An easement is the right to use another person’s land. In Utah, easements can be created in a variety of ways, including by expressly giving an easement, by implication, by necessity, and by adverse possession (a prescriptive easement). This article discusses express easements (the most common type of easement), Read More

What Can a Utah Property Owner Do When a Co-Owner Fails to Pay Property Expenses?

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By Joseph G. Ballstaedt 801-365-1021 [email protected] In Utah, a person can hold title to real estate with other people in a variety of ways, including as joint tenants with rights of survivorship or tenants in common. Spouses regularly share ownership of a property, but friends, business partners, roommates, or anyone can also own property jointly. Read More

Does Amending a Recorded Notice of Lien Reset the Deadline to Foreclose on a Construction Lien in Utah?

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By Joseph G. Ballstaedt 801-365-1021 [email protected] To preserve a lien claim, a lien claimant must, among other things, record a notice of construction lien with the county recorder’s office, and within 180 days thereafter, initiate a lawsuit to foreclose on that lien. But what happens if, within that 180-day period, the lien claimant files an Read More

Timelines (and the Statute of Limitations) for Foreclosing on a Trust Deed in Utah

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By Joseph G. Ballstaedt 801-365-1021 [email protected] In Utah, trust deeds are often used to secure loans, ranging from loans for homebuyers to loans for general contractors used to finance real estate developments. The real property identified in the trust deed acts as collateral. If the debtor fails to pay, the lender can sell the property Read More

How to Deal with Ambiguous Contracts in Utah

Posted in Business Organizations, Commercial Litigation, Construction Law, Employment Law, Real Estate Law by

By Joseph G. Ballstaedt 801-365-1021 [email protected] What happens when two parties to a contract disagree about what the contract language means? How are ambiguities in a contract resolved? Utah courts and judges should interpret and enforce each contract in a way that is in line with the intent of the parties who signed the contract. Read More

COVID-19 and Landlord Rights

Posted in Blog, Real Estate Law by

By Tyler S. Foutz Without question, the impacts of COVID-19 have been felt on a wide scale across the economy of Utah. Many rumors and questions have arisen as to whether these impacts require tenants to pay rent, or whether they may be evicted for lease violations at the present time. In light of the Read More

Utah Construction Liens: An Overview of the Five Basic Steps

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

By Joseph G. Ballstaedt 801.365.1021 [email protected] In Utah, a construction lien is a valuable tool for any contractor, subcontractor, or supplier who does not receive payment for work it performs on a construction project. If the party who contracted for the work refuses or is unable to pay, the construction lien provides a second route Read More