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Beware Seller-Carried Financing

My client finally gets a hearing in less than two hours. Shortly after filing an answer to the lawsuit, some additional legal research showed a huge defect in the breach of contract claim being brought by a now-formerly-licensed real estate broker: verbal modifications to listing agreements are NOT enforceable under an explicit Utah statute, now found at UCA § 25-5-4, commonly known as Utah’s enactment of the “Statute of Frauds”. The verbal agreement was prompted by the broker finding a buyer who was, using the language of real estate transactions, "ready willing and able" to make the purchase ONLY with ...

Maligned Indiana Law Uses Supreme Court Language

What's up with the hue and cry over Indiana's new law attempting to protect the free exercise of religion? What no reporter or news agency I have seen will tell you is that the law echoes the words of the US Supreme Court setting the rules for "strict scrutiny" of laws that could restrict ANY "fundamental liberty", including First Amendment freedom of speech. Indiana's lawmakers copied language from the federal Religious Freedom Restoration Act of 1993 into their much-criticized state law. See 42 U.S.C. § 2000bb through 42 U.S.C. § 2000bb-4. The "compelling government interest ...

DOJ/Reporter Scandal Trashes Fourth Amendment More Than the First

Tough questions posed this week to White House Press Secretary David Carney about freedom of the press concerns in the Department of Justice’s national security probe of news leaks are quite understandable: the news media properly cherishes that portion of our nation’s First Amendment rights. But the greater concerns for me as an attorney involve our Fourth Amendment rights “to be secure” in our “papers and effects” (which include electronic records of our telephone calls) and to be free from “unreasonable searches and seizures”. All quotes above are from the Fourth Amendment itself.

Law enforcement and prosecutors are ...

The Long Arm of the Law

Old bad jokes were not the only things that could be called “groaners”. This article tells about some of the uncommon, yet still all-too-frequent situations we attorneys hear which make us want to rather unprofessionally groan “Oh, no, don’t tell me....”

I chose the title “The Long Arm of the Law” because that is a familiar phrase from our childhood, intended to teach us that criminal law enforcement will chase an evildoer across the city, across the state, across the nation, and sometimes into other countries. The point here, however, is to add the element of TIME to the ...