What Duty Does Your Utah Real Estate Agent Owe to You?

In short, a Utah real estate agent hired by the seller or vendor owes to others, including the buyer, a duty to be “honest, ethical, and competent and is answerable at law for his or her statutory duty to the public.” See NetDictation, LLC v. Rice, 2019 UT App 192. Let’s take a look at a few examples of how this plays out for Utah buyers and sellers of real property or businesses.

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Utah Accountant Liability: Is Your Accountant Working for You or Not?

Million-dollar view from one of my favorite rocks in Farmington, Utah

Did you engage your accountant to work for your company (LLC or S Corp) or did you engage him or her to work for you personally? The reason that I ask this has to do with whether you can personally rely on your accountant’s advice or only your company can. This becomes important when holding your accountant responsible for his or her advice, including when filing taxes and making important business decisions. Let me explain:

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Utah Employers and Employees Have Contracts Just Like Everyone Else

Utah is an at-will employment state, meaning that “either the employer or the employee may terminate the employment for any reason (or no reason) except where prohibited by law.” This termination right, however, is not without limitation and could be modified either by written or verbal agreement. So, as with most legal rules, there are exceptions. Let’s take a look at a recent Utah Supreme Court case, Vander Veur v. Groove Entertainment Technologies to see how this plays out in real life:

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IS MY UTAH BUSINESS PARTNERSHIP IN TROUBLE?

Utah business partners: are you in trouble? Seen here mountain biking on Antelope Island, Utah

Short answer: probably. It all depends on what you mean by ‘trouble.’ Do you mean, “is my Utah business partnership about to implode (or explode!)?” If you are asking yourself that question, you probably already know the answer. Get Utah legal help IMMEDIATELY. If you mean, “are there issues with my Utah business partnership that need to be handled before they turn into legal troubles?”, then you should seek Utah legal help at your soonest convenience. Let’s go through some of the issues that you might not have thought about that could easily turn your amicable Utah business partnership into a sinking Titanic of costly litigation:

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What is the Insurance Duty to Defend in Utah?

Rock climbing the world-famous cobblestone cliffs of Maple Canyon near Fountain Green, Utah

The duty to defend is the duty that an insurance company owes its insureds to hire an attorney and take action to defend the insured when the insured gets sued. It’s a bit of complex law that is often at the heart of any bad faith action against an insurance company. Utah typically follows the majority of jurisdictions when it comes to the duty to defend in insurance contracts. Here’s what you need to know:

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