Utah Residential Real Estate Legal Questions

Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.

David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read Answer

I would need to review your real estate contracts to be able to see what was supposed to happen. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.


David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read Answer

The answer to your question is, it all depends. If you enter into an agreement that is an actual contract with appropriate consideration and all issues addressed therein, it would usually be binding. But, you may want to review everything with an attorney first to ensure all of your questions are answered and that your concerns are appropriately addressed in that contract. It also depends on which way they say the property line is off. Is it to your benefit or theirs? In my opinion you probably should get with an attorney.... Read Answer

The answer to your question is, it all depends. If you enter into an agreement that is an actual contract with appropriate consideration and all issues addressed therein, it would usually be binding. But, you may want to review everything with an attorney first to ensure all of your questions are answered and that your concerns are appropriately addressed in that contract.... Read Answer

An action to quiet title is a lawsuit that is filed with the court to determine appropriate ownership of the property. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.

David R. Hartwig 

801-486-1715
drhlaw@ix.netcom.com... Read Answer

This will ultimately be a factual issue. You will need to review your property description from when you purchased the property, and you may need to jointly hire an independent surveyor.   If a contest continues, you will then need to file an action to quiet title. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715
... Read Answer

Your options are controlled by the contract, deed, and other documents between the two of you concerning the purchase of the home. A detailed review of all of those documents is required to fully evaluate your situation, though you say "they" (presumably the builder) made repairs to the home. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com... Read Answer

The answer to this depends on the facts, and the documentation you have to show what was to be done. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com... Read Answer

Sounds like you are in a real mess. You may have the basis for conversion on the personal property, and some other options. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/2 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office -- but do remember that Monday is a holiday.
 David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com... Read Answer

I am not at all sure what you are seeking as you are jumping around from property to damages to a trustee. If there is a trust involved or property, I need to review the documents. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/2 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com... Read Answer

This sounds like your daughter just recently purchased the property, which means that she may have some recourse against the seller. You and your daughter should gather your paperwork, and meet with an attorney to discuss these problems. Once you do that, you will be in a better position to know what to do next. If you wish, I may be able to assist you.... Read Answer

A lot depends on the purchase contract, the conditions for purchase (such as correcting problems), and deadlines in the contract. If the contract is written to depend on completion of the corrections, then you may be safe -- again depending on the contract content. It would be best for your to review all of the paperwork with an attorney. If the contract requires that you accept the conditions on closing you may be letting the contractor off for additional repairs. So, check with an attorney. I may be able to assist, if you want.... Read Answer

Quite generally, the simply answer to your question is "no", you cannot obtain injunctive relief to halt the problem and require that the assessments be redone. You could file a lawsuit seeking declaratory judgment voiding the errors and requiring a recalculation. If you are interested, feel free to contact me.... Read Answer

You need to be able to document your claims. Did you have an inspection of the house performed at the time of your purchase? The best thing to do is to retain a good attorney who is familiar with taking cases to trial, so that you can properly document all of the facts of your claim, and effeciently present you claim to the court. I can assist you, if you choose. David R. Hartwig 801-486-1715... Read Answer

Your understanding of the law of intestate succession is wrong. When there is no will, generally half goes to the surviving spouse and the other half to the children. Sounds like you need to replace the attorney who quit. Should you desire, I may be able to assist you. David R. Hartwig 801-486-1715... Read Answer

Based on what you say (as I cannot see the documents), the opposing counsel sent you a Notice to Appear or Appoint (as required by the court rules). If I am correct, you need to read that Notice closely, for it should state what you need to do. If I am incorrect, then I don't know what opposing counsel sent. Either way, you need to hire new counsel; I am a strong believer in having counsel present at mediation. Plus, most of the mediators I work with will not allow a final agreement without the input of the counsel of record. Having your attorney at mediation helps you understand what is going on, and what is best for you in light of your goals. Should you wish, I may be able to assist you. David R. Hartwig... Read Answer

My best advice to you is to hire an attorney to assist you. Contracts between family members are examined very closely by the courts, should the court ever need to get involved. The issue is, was the contract entered into “at arms' length”. That means that there was no other familial influences involved -- that the contract was between two strangers. Obviously in a family setting that is very difficult and requires all sorts of warnings, disclosures, and drafting. And, I would never trust trying to use a form that you might find on the internet. Your contract is one of those times where money spent now on real human work could save many times more money if there are problems in the future. Do the best thing, and hire an attorney... Read Answer

Based on your email, the two of you never put together any agreement when you bought the house addressing how any future buyout would occur, and the terms of that buyout, including potential increases in value, who paid for the improvements, and who paid the mortgage. That means you might be in a mess right now, depending on what the other brother thinks. Ultimately, the value of his portion of any downpayment or contribution has value, even at a very low interest rate, over the past 8 years. That is countered by your contributions in maintaining the house. Plus, with the market over the past year or so, there may be some increase in the value of the house generally. What you need to do is hire an attorney to assist you to fully spell out the terms of the sale to you, particularly as contracts between family members are often looked at by the courts as suspicious, and you'd have a very large burden of proof is your brother challenged the contract at a later date. So, avoid futher headaches and hire an attorney on this. I could assist you, if you desire.... Read Answer