Finlay
&
Associates
Attorneys at Law
Honest, Effective, Legal Partner
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Primary Practice Areas
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Questions?
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Real Estate Law & Business Law
I have multiple rental properties, should they be in an LLC?
Real estate uses as rental income should be held in trust or by an entity, like a corporation or LLC. When an entity owns the property you protect yourself from the liability and risks of leasing. Without an entity or other structure, a simple slip or fall could decimate your financial security. The ideal structure depends on the number and uses for the properties and the owner’s priorities.
What kind of structure would best protect me and my family?
Real Estate Law & Landlord-Tenant Law
How do I evict a tenant in Utah?
Residential landlords must obtain an “Order of Restitution” to evict a tenant. There is no other lawful way to evict a tenant. Lockouts and other forms of self-help are illegal. Landlords must give tenants proper notice, file suit, and attend a court proceeding to obtain the order. Only the county sheriff acting under that court order can remove a tenant. Before a landlord can obtain an order, they must take certain statutory and procedural steps.
What kind of notices is required and how must notice be given?
Business Law
What’s the difference between a Sole Proprietorship, an LLC, and a Corporation?
Sole Proprietorship, LLCs, and Corporations, primarily differ in (1) the amount of legal liability protection they provide their owners and (2) the way they are taxed (i.e., their tax designation).
Both LLCs and Corporations are legal “entities” that give owners legal liability protection, known as the “corporate veil” or “corporate shield.” This shield generally protects the owners’ assets from losses and litigation against the business. Sole Proprietorships, on the other hand, offer no liability protection or tax benefits because legally the individual is the business.
Which entity type is best for my business?
Real Estate Law
Can I sell my home without a real estate agent?
Yes. In Utah, each real estate agent takes a 3% commission off the top of the final purchase price (6% total). A qualified real estate attorney can handle the sale without taking a commission. On average buyers and sellers save $30,000.00 by using an attorney.
Without an agent, you’d need to get an appraisal and know the buyer or list your home in classified service to find a buyer. An attorney can negotiate the price, draft and execute the real estate purchase contract (REPC), and manage all other paperwork with a title company.
Real Estate Law
Non-disclosures and false statements in real estate transactions, what should you do?
An attorney will need to review the specific facts of your case. Though you may be entitled to compensation from the seller or insurance company depending on (1) who sold the home (builder or a non-builder), (2) the contract terms, (3) the disclosures/non-disclosures made, (4) warranties provided, and (5) the type of title granted (quit-claim deed or warranty deed).
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Customer Reviews
Finlay and Associates
Jessica Smith
Logan gave me really good advice. He was clear and patient. We were able to set up my business and create a structure that was understandable and limited my liability. Great service.
John William
Our attorney reviewed our existing business contracts and counseled us on how we could modify them to better fit our needs. They are clear and don’t include unnecessary or unintelligible language.
Kelly Craft
They kept it professional and friendly at the same time. Very personable. I felt they cared about my goals!