Joseph G Ballstaedt

Unconscionable and Unenforceable Contracts in Utah

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com 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 other issues relevant …

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Rights Under Express Easements in Utah

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com 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), including how they are created, …

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

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com 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. Joint owners have rights and duties to …

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Three Forms of Ownership in Utah Real Estate

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com In Utah, an owner can hold title to real estate in several different forms. Three forms of ownership are discussed below: 1) sole ownership; 2) joint tenancy with rights of survivorship; and 3) tenancy in common. Sole Ownership The simplest form of ownership in Utah is sole ownership by a single individual …

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Stopping Employees from Breaching Non-Competes and Non-Solicits Through Injunctions

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com After a Utah employee leaves his or her employer and breaches a non-compete agreement by working for a competitor, or he or she breaches a non-solicitation agreement by soliciting customers or employees of the former employer, can that employer stop the employee from continuing to engage in this conduct? Often times, yes. If the employer can …

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How Utah’s Saving Statute Can Revive Expired Claims

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Every lawsuit in Utah generally must be filed with a court within a certain period of time known as the “statute of limitations.” If not, the lawsuit is probably barred forever, and the parties involved can move on knowing that the dispute likely won’t be litigated. In civil cases (non-criminal cases), the  …

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Are Non-Competition Agreements in Idaho Enforceable?

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com In Idaho, a non-competition agreement is an agreement between an employer and an employee that prohibits the employee, after the employment relationship ends, from engaging in employment or a line of business that directly competes with the employer. Non-competition agreements generally prohibit employees from selling or offering to sell products or services that are …

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

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com 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 amended notice of …

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

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com 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 in a foreclosure …

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Are Non-Solicitation Agreements in Utah Enforceable?

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Usually, a non-solicitation agreement (or a non-solicit) is a written agreement signed by an employee that prohibits the employee from soliciting—or reaching out to do business with—the employer’s clients and customers after the employment relationship ends. A non-solicit can also refer to an agreement that prohibits an employee from soliciting or enticing …

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