Real Estate Law Articles

How to Deal with Ambiguous Contracts in Utah

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com 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 …

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How to Own Your Real Estate

Real estate encompasses not only one’s primary residence but also other real estate such as a vacation home or a rental property. The ideal form of ownership varies depending on the type of real estate …

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Utah Construction Liens: An Overview of the Five Basic Steps

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com 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 …

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Lien Worthy Restoration Work

In Utah, to lien, you must do more than clean. Restoration contractors often do more than clean up when disaster strikes a home or business. When a restoration contractor physically improves the structure, there may be …

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The Final Steps of a Lien Claim: Winning the Lawsuit, Selling the Property, and Dividing up Proceeds

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com In prior articles, I explained four general steps to preserving and enforcing a construction lien (also known as a mechanic’s lien) in Utah. These steps include: 1) filing a preliminary notice; 2) recording a …

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COVID-19 and Landlord Rights

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 …

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Force Majeure Clauses and COVID-19

Many contracts include what is commonly known as a “Force Majeure” clause. “Force Majeure” translates literally as “superior strength.” Force majeure clauses may also be known as “Act of God” clauses. A force majeure clause …

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Contractors and Subcontractors – What Does COVID-19 Mean for Your Contracts?

We suddenly find ourselves in a much different business atmosphere in April of 2020.  Much of what we are experiencing is, of course, uncharted territory.  The COVID-19 precautions and shutdowns are likely to impact every …

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Title Insurance in Utah Residential Real Estate Transactions

One of the more confusing items on any closing sheet in a residential real estate transaction is the “Title Insurance.”  Title Insurance simply provides insurance to interested parties that they hold “clear title” to the …

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