Business
Common Issues that Lead to Litigation in Real Estate Transactions
Buying or selling real estate—whether residential, commercial, or land—is one of the most significant financial transactions most people will ever make. With so much at stake, it’s no surprise that when things go wrong, they can go very wrong. At Daniel W. McKay & Associates, PLLC, we help Utah clients resolve complex real estate disputes…
Read MoreWho Has Authority to Sign Documents on Behalf of a Utah LLC?
In the state of Utah, typically the only person or entity who has authority to sign agreements or other documents on behalf of an LLC is the LLC’s manager(s). Utah law indicates that “[i]n a manager-managed limited liability company . . . , any matter relating to the activities and affairs of the limited liability…
Read MoreElectronic Signatures and Electronic Transactions in Utah: Can They Always Replace a Paper and Pen?
Do Utah laws always allow you to use an electronic signature instead of physically signing a piece of paper? How about electronic transactions – will those suffice in lieu of physical documents and physical deliveries (such as mail or hand-delivery)? The answer, in summary, is: often, but not always. The Utah Code contains a set…
Read MoreHow Utah Courts Interpret Ambiguous Language in Contracts
Contracts – we “sign” them all the time (does the phrase “I agree to these terms and conditions” sound familiar?), or more correctly – “click” the button. But how often do we really take a good look at the terms that we become bound by. Sometimes this works toward our detriment. For example, a contract…
Read MoreIn My Utah Divorce, How will My Business be Divided?
If you are getting a divorce and you own all or a portion of a business, but your spouse does not own any portion of that business, you might wonder, Will my business be considered a marital asset, to be divided between my spouse and I, even though my spouse wasn’t involved with the business…
Read MoreIf I am Not a Resident of Utah, Can I Still be Sued in Utah Court?
Sometimes, residents of states other than Utah (and businesses located outside of Utah) will find themselves being sued in a Utah state court. They might wonder: Can I be sued in Utah, or do I have to be sued in my home state? The lawyerly response to that question is: “it depends.” It is typically…
Read More