The purchase agreement must clearly state the identities of the purchaser and the seller and include an address where the parties must deliver any written notices required under the agreement.
The address provisions may be included in a separate paragraph. The purchase contract must contain a paragraph that describes in detail the real property to be transferred and addresses how the personal property owned by the seller and located on the property will be disposed of. The description of the real property (land and whatever else is built on the land) provided in the purchase agreement may be the single most important section of the document. The sponsor will be able to “specifically enforce” or force the sale of the specific parcel of land described in the purchase agreement only if the terms of the written agreement clearly describe the property in question. The sponsor should be certain that the description included in the purchase agreement is the legal description of the property that can be found in the land records of the jurisdiction where the property is situated.
Additional means of identifying the property, for example, the lot and square numbers used to identify the property for property tax purposes and the property mailing address, should be used only to supplement the legal property description. The contract must state how the parties are going to treat any personal property (everything not permanently affixed to the land) that is located on the property on the date of transfer. This personal property usually includes such items as appliances, light fixtures, heating and air-conditioning units, lawn mowers, and so on. As a general rule, these items are transferred to the purchaser.
However, the contract should state the transfer (if that is the case) or the limitations on the personal property to be conveyed.
Construction Contract If you are entering into a construction contract with a contractor, consult an experienced Spanish Fork Utah real estate lawyer. The lawyer can prepare the construction contract. The construction contract must spell out the various documents that make up the contract documents and incorporates them into the agreement. This is necessary because the agreement alone is not a complete contract and requires the other documents to be binding and inclusive.
The contract must name the documents by their generic titles and list separately all of the items that are being incorporated into the agreement- the Conditions (General, Supplementary, and other), the drawings and specifications, any addenda issued prior to the formal agreement, and any other documents necessary to the particular project. The documents and the construction contract together constitute the entire contract and supersedes any other agreements or negotiations that may have occurred. The owner must be sure that any issues discussed and resolved during negotiations are reduced to writing and included in one of the documents on this list, in order to have any legal effect. The owner also must be careful not to list conflicting or redundant documents.
The standard changes clause permits the property owner to make changes only within the ‘general scope’ of the contract. Because of this phrase in particular, and the structure of the article in general, the courts have consistently ruled that such a change provision does not authorize a drastic modification beyond the scope of the contract. Rather, a fundamental alteration of this nature is a contract breach, or cardinal change as it is sometimes referred to, entitling the contractor to breach damages. Under established case law, a change outside the scope of the contract is a breach. It occurs when the property owner affects an alteration in the work so drastic that it effectively requires the contractor to perform duties materially different from those originally bargained for.
The issuance of change orders will, of course, have varying effects in different situations depending on the scope and location of the work required by the orders and the timing and manner of the issuance of such orders. The issuance of a large volume of change orders could adversely affect the contractor’s ability to efficiently perform the basic contract. Since such dislocation is a normal and natural consequence of the circumstances, a contractor would be entitled to recover a fair and reasonable amount for the additional costs it sustained.
When you need a real estate lawyer to help you in Spanish Fork Utah, call Ascent Law LLC. They will help you.
Ascent Law LLC 8833 South Redwood Road Suite C West Jordan Utah 84088 (801) 676-5506 https://g.page/AscentLaw?Share https://sites.google.com/view/real-estate-law-spanish-fork/home
Family Lawyer To Win Your Case
Paternity Lawyer Salt Lake City Utah
Best Utah Divorce Lawyers
Utah Divorce Lawyers Free Consultation
Foreclosure Lawyer Spanish Fork Utah
ATV Accident Lawyer Spanish Fork Utah
Spanish Fork, Utah
"Pride and Progress"
|Coordinates: 40°6′54″N 111°39′18″WCoordinates: 40°6′54″N 111°39′18″W|
|Incorporated||January 17, 1855|
|Named for||Spanish Fork (river)|
|• Total||16.21 sq mi (41.98 km2)|
|• Land||16.21 sq mi (41.98 km2)|
|• Water||0.00 sq mi (0.00 km2)|
|Elevation||4,577 ft (1,395 m)|
|• Density||2,600/sq mi (1,000/km2)|
|Time zone||UTC−7 (Mountain (MST))|
|• Summer (DST)||UTC−6 (MDT)|
|Area code(s)||385, 801|
|FIPS code||49-71290|
Spanish Fork is a city in Utah County, Utah, United States. It is part of the Provo–Orem Metropolitan Statistical Area. The 2020 census reported a population of 42,602. Spanish Fork, Utah is the 20th largest city in Utah based on official 2017 estimates from the US Census Bureau.
Spanish Fork lies in the Utah Valley, with the Wasatch Range to the east and Utah Lake to the northwest. I-15 passes the northwest side of the city. Payson is approximately six miles to the southwest, Springville lies about four miles to the northeast, and Salem is approximately 4.5 miles to the south.