Displaying items by tag: real estate attorney

Protecting Home and Property Owners from Unlicensed Contractors and Subcontractors in Utah

  

 

In Utah, contractors and subcontractors are required to maintain a license through the Utah Division of Occupational and Professional Licensing (“DOPL”). If the contractor or subcontractor fails to maintain the license, then Utah law expressly bars them from bringing an action or lawsuit for the construction services that were allegedly provided. Specifically, as of the date of this post, Utah law provides:

 

A contractor or … company may not act as agent or commence or maintain any action in any court of the state for collection of compensation for performing any act for which a license is required by this chapter without alleging and proving that the licensed contractor … or company was appropriately licensed with the contract sued upon was entered into, and when the alleged cause of action arose.

 

This rule denying enforcement of construction contracts of unlicensed contractors is meant to protect the homeowners and consumers against incompetent builders.

 

As with most rules, there are exceptions. The Utah Court of Appeals explained that certain common law exceptions to the statutory bar exist. The court identified four specific examples. First, unlicensed contractors have been allowed to recover when the party for whom the work is to be done possesses skill or expertise in the field. Second, an unlicensed contractor may recover if the work it performed was supervised by a licensed contractor. Third, if the reason why the contractor does not have a license is minor and does not undermine its ability to perform its work, the unlicensed contractor may recover. Finally, courts have considered whether the contracting party relied on the subcontractor’s representations that he was properly licensed and whether the subcontractor posted a performance bond.

 

This post is not meant as legal advice nor does it create an attorney-client relationship. Each case has unique facts and circumstances. If you would like to discuss your options with a Provo attorney, either as a property owner or a contractor, then please feel free to contact Morgan Fife at Robinson, Seiler & Anderson, LC. 

Understanding Foreclosures

 

A foreclosure is the process of taking possession of a mortgaged property as a result of the mortgagor's failure to keep up mortgage payments. As a homeowner it is important to understand the ins and outs of a foreclosure. Robinson, Seiler & Anderson, LC is a Law Firm in Provo, Utah that can help you with all of your finance needs, including legal representation regarding foreclosures. Listed below are the stages of a foreclosure to give you a better understanding of how it all works. 

 

Step One

The first step of the foreclosure process is missed payments. Typically a mortgage won’t go into collections and the foreclosure process won’t start until 90 days have passed. This will give the homeowner more time to get their finances in order and rework a new payment plan with their mortgager. 

 

Step Two 

When a payment has not been made during the 90 days grace period you enter pre-foreclosure. When you enter this phase of foreclosure the lender records a public notice that the owner has defaulted on their mortgage, and then mails the notice to the homeowner. The pre-foreclosure stage is also a grace period. This will give the home owner an additional 3 months to either work out an arrangement with the lender, sell the place or come up with the cash you owe. 

 

Step Three

The next step of the foreclosure process occurs if you cannot make a payment after the pre-foreclosure grace period. The lender or their representative (the foreclosure trustee) sets a date for the home to be sold at an auction called a Trustee Sale. The Notice of Trustee Sale is recorded with the County Recorder’s Office, delivered to the homeowner, posted on the door of the property and published in a local newspaper -- to make sure everyone knows when and where the auction will be. At this point the home will be sold to the highest bidder. 

 

Step Four

The last step of foreclosure is known as post-foreclosure. This occurs if a home was unable to sell at auction. The home is then owned by the lender. The property becomes what is called a bank-owned property, also known as REO, short for Real Estate Owned. The home will then be sold either through local realtors or through liquidation auction. 

 

 Understanding a foreclosure as a home owner will educate you as to what steps you can take to prevent a foreclosure on your home. When it comes to foreclosures and other finance matters, you can trust Robinson, Seiler & Anderson, LC your local law firm in Provo, Utah to give you the advice and legal support you need. Contact us today for more information on how we can help you with your financial matters. 

Important Steps in Buying a Home

Robinson, Seiler & Anderson, LC provides its’ clients with an experienced Provo Attorney when problems with real estate may occur. We work hard to ensure the well being of your family and to make sure you have all the legal advice and resources needed in your real estate case. To help you get started on the right foot when purchasing a home we have listed some useful steps to take to make the process a little easier. 

 

Start Your Research Early 

It is important to know what kind of housing option are available, the prices they are asking, and how long the house has been on the market. By regularly checking websites, newspapers, and magazines you can keep track of what your options are and if they are going up or down on asking price. Being informed on exactly what kind of house you want, your price range, and the area you want to live in will help you later on when making a decision on whether or not to purchase a home. 

 

Determine Your Budget 

Knowing exactly how much you can spend when purchasing a home is a must. Taking time to go through your budget and talking to a mortgage banker will help you to get a better idea. Having a 20% deposit to put down on a house will always reduce your monthly payments as well as give you an advantage when purchasing against other buyers. If you are a first time home buyer there are loan programs available to help you purchase a home within your budget with 0% down. While this may take time and effort to determine what kind of mortgage you can get and from who, it will be worth it when you know exactly what your price range is when purchasing a home. 

 

Find the Right Real Estate Agent 

Having the perfect Real Estate Agent can help you make the buying process just that much easier. Their knowledge of the home buying process, negotiating skills, and familiarity with the area you want to live in can be extremely valuable. And best of all, it doesn’t cost you anything to use an agent – they’re compensated from the commission paid by the seller of the house. 

 

Shop for your Home 

The next step is to shop around for houses in your preferred area and in your price range. It is a good idea to take notes and be extremely detail oriented. Before viewing a house, make a list of factors to look for. These should include testing the plumbing, windows and doors, and the electricity. Make a list of pros and cons when viewing the house. You will be looking at quite a few houses so it is also important to distinguish which house was which within your notes.  Once you think you have found the perfect house for you, you can make an offer. Once you and the seller have reached agreement on a price, the house will go into escrow, which is the period of time it takes to complete all of the remaining steps in the home buying process. 

 

At the law firm of Robinson, Seiler & Anderson, LC, our Provo Real Estate Attorneys help developers turn over ownership of planned housing units to owners. We also represent homeowner associations and homeowners. The following are examples of the kinds of legal services we provide:

 

  • Creation of homeowner associations (HOA) and public utility districts (PUD)
  • Drafting association bylaws
  • Guiding homeowner associations through the legal process of obtaining assessments
  • Recording liens and handling collection actions if a homeowner hasn't paid annual and monthly dues
  • Helping homeowners' associates comply with legal requirements
  • Representing homeowner associations and homeowners in disputes over enforcement of rules, unfair assessments, personal injury and use of property

 

If there is any way we can help you in your real estate case please feel free to contact your local Provo Attorney at Robinson, Seiler & Anderson, LC. 

 

Buying a Home: Why it’s Important to Have a Real Estate Attorney

 

When looking to buy a home, you might ask yourself if having a Provo real estate attorney is necessary. We think that in most cases, having a real estate attorney on your side will make the tedious process of buying a home less stressful and is well worth it to avoid any legal complications. Here are just a few reasons why RSA Lawyers recommends hiring a Provo real estate attorney for your next real estate transaction.

Contracts

Having a Provo attorney will help when it comes to breaking down a real estate contract and making sure that everything in the contract adheres to state law. Attorneys can also negotiate on your behalf if you need legal backing or disagree with any aspects of the contract. When signing any type of contract, you should be extremely careful and getting legal advice before signing any kind of contract is always a smart decision. 

Title Searches

A title search is when an attorney searches a property to ensure there aren’t any existing liens or judgements. This is important because it reveals whether or not a seller has the legal right to sell the property. Having a title search performed via one of our Provo attorneys will save you quite a bit of time and often costs less due to the connections we have.

Property Transfers

When multiple parties are involved in the contract preparation on a property, things that get messy without having an attorney around. An attorney can help with property negotiations and understands what will be the best outcome based on your state laws. They can help to make sure that all parties are satisfied while also complying to the law.

Filing

Filing a real estate deed at both the state and county level will often be required when purchasing a property. When it comes time to file papers, no one can get it done faster than an attorney. This is because they have the knowledge, experience, and connections to quickly file papers and get efficient results. This is especially important if you are dealing with a commercial property and time is especially sensitive.

 

As you can see, hiring an attorney is not an absolute must when buying a new property, but it’s highly recommended. These tips should help you avoid the pitfalls and money loss that unfortunately can happen during the process of buying a home. If you need a Provo real estate attorney, please don’t hesitate to give us a call.

View Our Testimonials Announcement

Norman H. Jackson, Utah Court of Appeals Judge, Retired, has joined the law firm of Robinson, Seiler & Anderson, LC, effective April 2017.  Judge Jackson was one of the seven founding Judges of the Utah Court of Appeals and served terms as Presiding and Associate Presiding Judge.
 
Judge Jackson was the senior attorney in a Richfield law firm for eighteen years.  The firm engaged in legal, business and tax cases, including practice before State and Federal Courts, U.S. Board of Land Appeals, Utah Public Service Commission and Arizona Corporation Commission.  Clients included counties, cities, banks department stores, communications and credit associations, irrigation companies, auto dealers, building supply stores, farmers, ranchers and small businesses. They took “every type of case that came through the door,” from criminal defense work to a patent royalty dispute for the inventor of the Frisbee. Judge Jackson has been a lifetime rancher doing business in Utah as Jackson Cattle Company and Arizona as EJ Cattle Ranches.
 
Judge Jackson’s professional service includes terms on the Utah State Bar Commission, Bar Foundation (President and Vice President), Air Travel Commission, and Utah Information Technology Commission.  He served on the Judiciary’s Alternate Dispute Resolution Committee for thirteen years and initiated and supervised the Appellate Court Mediation Office.  He developed and advanced a realistic and workable framework for both of Utah’s Appellate Courts to use in reviewing trial court and administrative agency decisions.  He published three editions of Utah Standards of Appellate Review while participating in more than 2,000 appellate court decisions.  
 
Judge Jackson’s experience will complement the other outstanding lawyers at Robinson, Seiler & Anderson, LC.  The firm will continue its representation of injured individuals, as well as clients in real estate, business, estate planning, tax, contract and education matters.
 

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