Question 1

Can I force a seller to complete a real estate transaction?

Accepted Answer

Yes. Because real property is considered unique, courts will order specific performance — requiring the seller to complete the transaction — when the seller wrongfully refuses to close. To obtain specific performance, you must show that you were ready, willing, and able to close, that the seller breached the contract, and that monetary damages are inadequate to compensate you for the loss of this specific property.

Question 2

What happens to earnest money if a deal falls through?

Accepted Answer

Whether a buyer is entitled to a refund of earnest money depends on why the deal fell through. If the buyer terminates under a valid contingency — financing, inspection, or appraisal — the earnest money is typically refunded. If the buyer terminates without a valid contractual basis, the seller may be entitled to retain the earnest money as liquidated damages. If the seller breaches, the buyer is entitled to a refund plus additional damages.

Question 3

What must a seller disclose in Utah?

Accepted Answer

Utah Code § 57-27-201 requires sellers of residential real property to disclose known material defects and conditions that would have a material adverse effect on the property's value or that would impair the health or safety of future occupants. This includes structural defects, water intrusion, environmental hazards, and title issues. Failure to disclose known material defects can give rise to claims for fraud, misrepresentation, and breach of contract.

Question 4

What damages can I recover if a seller breaches a purchase agreement?

Accepted Answer

If a seller breaches a purchase agreement, the buyer may seek: (1) specific performance — a court order requiring the seller to complete the transaction; (2) the difference between the contract price and the fair market value of the property; (3) consequential damages including costs incurred in reliance on the contract; and (4) in cases of fraud or bad faith, punitive damages. The buyer may also recover attorney fees if the contract provides for it.

Question 5

What if I discover defects after closing?

Accepted Answer

If you discover material defects after closing that the seller knew about and failed to disclose, you may have claims for fraud, misrepresentation, and breach of the seller's disclosure obligations. The statute of limitations for fraud claims in Utah is three years from discovery. It is important to document the defects, preserve evidence, and consult an attorney promptly to evaluate your options.

Question 6

Can a buyer back out of a purchase agreement?

Accepted Answer

A buyer can terminate a purchase agreement without penalty if a valid contractual contingency is not satisfied — such as a financing contingency, inspection contingency, or appraisal contingency. Outside of valid contingencies, a buyer who terminates a purchase agreement may forfeit their earnest money and be liable for additional damages. The specific rights and remedies depend on the terms of the purchase agreement.

Question 7

What is the statute of limitations for real estate contract claims in Utah?

Accepted Answer

Breach of a written real estate contract is generally subject to a six-year statute of limitations in Utah. Fraud and misrepresentation claims are subject to a three-year limitations period running from the date of discovery. It is important to consult an attorney promptly after a dispute arises to preserve your rights and avoid missing applicable deadlines.

Question 8

Do I need a real estate attorney or a litigator for my contract dispute?

Accepted Answer

For contested real estate contract disputes that may go to court, you need a litigator — an attorney with trial experience who can take your case through discovery, motions, and trial if necessary. Stavros Law P.C. is a litigation firm with deep experience in real estate contract disputes. We are prepared to take your case to trial while also pursuing efficient resolution through negotiation and mediation when appropriate.

Real Estate Contract Dispute Lawyer Utah

Utah Real Estate Contract Dispute Attorneys

Real Estate Contract Claims

Specific Performance

Earnest Money Disputes

Failure to Disclose

Seller's Refusal to Close

Buyer's Wrongful Termination

Developer & New Construction Disputes

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