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Show The Garfield County Insider Page 6 ATTORNEYS AND REAL ESTATE CONTRACTS See an attorney before signing any contract for selling or buying real estate. A quick - and often inexpensive - consultation with an attorney can save buyers and sellers heartache, worry, time, and money. Problems typically arise when an individual, after entering into a contract without the benefit of counsel, realizes, only too late, that something is not right but that it is too late to undo or change it. In many instances the direction of the transaction was determined the moment the client signed the contract without having had an attorney review it first. Is working with a real estate agent sufficient to protect your interests? Quite honestly, there are certain legal aspects of real estate sales that real estate agents are not trained or educated to deal with. Real estate agents serve very valid roles in the buy-sell process. One thing to remember, however, is that if the sale does not go through, the real estate agent does not get a commission. This is not to mean that the agent is not honest or truly looking out for the buyer's or seller's best interests. In fact, all the real estate agents I have worked with are truly dedicated to serving the clients they work for. However, there are legal aspects of every sale that should be reviewed by an attorney, who has no vested interest in whether the sale is completed or not, and who will be looking at different aspects of the contract than the real estate agent's area of expertise. Buyer and seller predicaments arise from so many various circumstances, it is impossible to address them all. Common mistakes include the failure to adequately define the inventory of personal property or appliances included in the sale, too little (or excessive) time having been given to accomplish tasks such as due diligence, financing, or inspections. Sometimes too much - or too little - deposit money has been put down, not protecting the interests of one of the parties. At times a buyer will realize that he or she does not have adequate contingencies and can lose a deposit unnecessarily. Or a seller can find that he is bound by the terms of a contract that has overly-liberal contingencies on financing, inspections, time-frames, etc. and wastes time in the process of trying to conclude a sale that actually is never going through, while other, morequalified buyers may be missed. Quite frankly, it is risky to sign any contract without a brief consultation with an attorney. What if too little deposit money has been put down to encourage the buyer to go through with the sale if he changes his mind? What if there are unreasonable and unnecessary provisions that, having been eliminated, would have better protected your interests? Another important area that sellers should address is the tax implication of the sale. Would it have been better to wait before selling? Will the taxes that the seller has to pay on the proceeds of the sale outweigh the benefit of selling? Is there a way to prevent having to pay excessive tax? Failure to understand either the contract, or the implications of the sale, can lead to unpleasant surprises or disappointment. A buying or selling party should permit the other to add a provision allowing for getting the advice of an attorney within a brief time (a few days). A well-written provision can clearly state that the contract is subject to the review and approval of the buyer's (or seller's) attorney. The job of the attorney should not be to negotiate a better deal for the party or otherwise change the business transaction. The role of the attorney should be to advise the client as to the legal requirements of the contract and advise if there are ambiguities or issues not addressed. The purchase and sale of a home is a major event in one's life. Retaining an experienced real estate attorney in advance of signing a contract for sale or purchase can protect your investment and assist in ensuring that the transaction proceeds smoothly and in accordance with the party's expectations. Once a contract is signed, however, obligations are defined whether or not that party understands the details of the contract. The best and most practical advice is simple: See an attorney prior to signing the contract, or make sure that any contract you sign includes the right to seek counsel before it becomes binding on you. Jeffery J. McKenna is a local attorney serving clients in Nevada, Arizona and Utah. He is a shareholder at the law firm of Barney, McKenna, and Olmstead with offices in Mesquite and St. George. He is a founding member of the Southern Utah Estate Planning Council. He can be reached at (435) 628-1711. or jmckenna@barney-mckenna.com Law Offices of Barney, McKenna & Olmstead, PC Wills, Trusts & Probate - Business Law & Bankruptcy Real Estate - Contracts - Commercial Litigation Family Law & Divorce - Select Personal Injury BARNEY MCKENNA LMSTEAD FOUNDING PRINCIPLES • ENDURING LEGACY Offices: St. George, Utah (435) 628-1711 Mesquite, Nevada (702) 346-3100 TIME IS SHORT, TAKE HUNTER ED NOW Most new hunters must complete hunter education before hunting. Summer isn't the only thing that's flying by - so is the chance to get your child into a Hunter Education course so he or she can hunt during special youth hunting days this fall. Several special youth hunting days will be held in Utah in September and October. For example, on Sept. 17 - a week before the regular chukar and Hungarian partridge hunts begin - those 15 years of age and younger can hunt partridge. And a chance to hunt ducks and geese two weeks before the regular waterfowl hunt starts will likely happen on Sept. 17 too. But your children can't take advantage of any of the state's youth hunting days if they haven't completed the state's Hunter Education course. With the start of the youth hunt days and the regular hunts only two months away, mid summer is a great time to take the course. Kirk Smith, assistant Hunter Education coordinator for the Division of Wildlife Resources, says if your children wait until just before the hunt days arrive, they might not have time to complete the course before the hunts happen. "Save yourself the disappointment of missing out on some great memories and fun," Smith says. "Sign your kids up for a Hunter Education course today." Smith's invitation is for adults, too - if you were born after Dec. 31, 1965, you must complete the course before hunting in Utah. Schedule available on the Web Hunter Education classes are held across Utah. You can also take the course online. (If you complete the course online, you must still attend a field day. The field day runs for about five to six hours.) You can see a class schedule and get contact information for the DWR's volunteer Hunter Education instructors online. Two ways to take the course The DWR provides two ways to take the course in a classroom, or online. Smith says each way has its advantages. He says the biggest advantage to the online course is its conve- nience. "Young people are usually busy with lots of activities in the summer," he says. "The online course provides a way to take the course at a time that works best for them." Taking the class online also allows the young person's parent to sit by the young person's side to make sure they understand what they're learning. The young person can also learn at his or her speed and can review the material as often as he or she wants. If you're a parent, and you don't know much about hunting, enrolling your child in a classroom course - and then attending the course with him or her might be the best choice. "Trained volunteer instructors teach the classroom courses," Smith says. "The instructor should have answers to questions that you may not have the answers to." a shooting test - where the young hunter shows that he or she can shoot a smallcaliber rifle accurately and can handle it safely - is also a required part of the course. July 21, 2011 LEGAL NAMES IN THE SIXTH JUDICIAL DISTRICT COURT IN AND FOR GARFIELD COUNTY, STATE OF UTAH GRASS LAKES LLC, Plaintiff, v. THE HEIRS AND DEVISEES OF MILTON E. STEED, DECEASED, WHO ARE UNKNOWN PERSONS; ALL OTHER PERSONS UNKNOWN WHO CLAIM AN INTEREST IN AND TO THE PROPERTY HEREIN DESCRIBED, AND JOHN DOES 1 THROUGH 10, Defendants. SUMMON S(30-Day) Case No. 110600030 - Judge Wallace A. Lee THE STATE OF UTAH TO THE ABOVE-NAMED DEFENDANTS: You are hereby summoned and required to file an answer in writing to the Complaint for Quiet Title in this matter with the Clerk of the above-entitled Court whose address is 55 South Main Street, P.O. Box 77, Panguitch, Utah 84759, and to serve upon, or mail to James W. Jensen, Jensen Law Office, Plaintiff's Attorney, 250 South Main Street, P.O. Box 726, Cedar City, Utah 84721, a copy of said answer, within thirty (30) days after service of this Summons upon you. If you fail so to do, judgment by default will be taken against you for the relief demanded in said Complaint for Quiet Title, which has been filed with the Clerk of said Court. This is an action to quiet title in favor of the Plaintiff all interest in and to Water Right 61-41. If the Plaintiff is successful in this action, title to the water right will be quieted in favor of the Plaintiff and against all interests in and to the water right herein described. A copy of the Complaint for Quiet Title in this action has been deposited with the Clerk of the Court and can be picked up by anyone claiming an interest in the above-described property at no charge. DATED this 7th day of June, 2011. JENSEN LAW OFFICE JAMES W. JENSEN, Attorneys for Plaintiff Published in The Garfield County Insider on July 7, 14, 21, 28, 2011. UPAXLP DISTRICT COURT, STATE OF UTAH, GARFIELD COUNTY 55 South Main Street, Panguitch, Utah 84759, Telephone: (435) 676-1104; Facsimile: (435) 676-8629 IN THE MATTER OF THE ESTATE OF JOHN KINZEL, de ceased, NOTICE TO CREDITORS, Case No. 0103600012, Assigned Judge: Wallace A. Lee, NOTICE IS HEREBY GIVEN that JOHN GRZYB, was appointed as Personal Representative of the estate of JOHN KINZEL, and creditors of the estate are given notice to present their claims to BARRY L. HUNTINGTON, attorney for the estate, P.O. Box 388, Panguitch, Utah 84759, within 3 months after the first publication of this notice or be forever barred. DATED this 7th day of July, 2011. BARRY L. HUNTINGTON. Published in The Garfield County Insider on July 14, 21, 28, 2011. UPAXLP PUBLIC NOTICE THE GARFIELD COUNTY BOARD OF ADJUSTMENT WILL HOLD A PUBLIC HEARING ON WEDNESDAY, JULY 27, 2011, AT 1:00 P.M. IN THE GARFIELD COUNTY TRIPLE "C" ARENA TO ACCEPT PUBLIC COMMENT ON THE FOLLOWING PROPOSED VARIANCE REQUESTS: 1:00 Randy Strong- Aspen Highlands Subdivision Lot 29 ALL INTERESTED PARTIES ARE ENCOURAGED TO ATTEND Published in The Garfield County Insider on July 14, 21, 2011. UPAXLP ELECTIONS NOTICE The following names will be on the ballot as candidates for two Boulder Town Council positions: Steven Cox, Tom Jerome, Michael Nelson. The election will be held November 8, 2011. Judith Davis, Boulder Town Clerk Published in The Garfield County Insider on July 21, 28, 2011. UPAXLP IN THE SIXTH JUDICIAL DISTRICT COURT IN AND FOR GARFIELD COUNTY, STATE OF UTAH GRASS LAKES LLC, Plaintiff, v. THE HEIRS AND DEVISEES OF MILTON E. STEED, DECEASED, WHO ARE UNKNOWN P ERSONS; ALL OTHER PERSONS UNKNOWN WHO CLAIM AN INTEREST IN AND TO THE PROPERTY HEREIN DESCRIBED, AND JOHN DOES 1 THROUGH 10, Defendants. ORDER GRANTING MOTION FOR SERVICE BY PUBLICATION Case No. 110600030 - Judge Wallace A. Lee The Plaintiff is authorized to serve the Defendants who are the heirs and devisees of Milton E. Steed, deceased, and all other persons unknown who claim or may claim an interest in and to this water right by publication, by publishing a Summons in the form attached hereto as Exhibit "A" in the Garfield County Insider, a newspaper of general circulation in Garfield County, Utah, once each week for a period of four weeks. Service shall be deemed complete upon the last publication date. DATED this 23rd day of June, 2011. Published in The Garfield County Insider on July 7, 14, 21, 28, 2011. UPAXLP GARFIELD COUNTY SCHOOL DISTRICT Garfield County School District is accepting bids for project converting from propane to natural gas for two buildings, Panguitch Elementary School and the Garfield County School District Office. All units will need to be converted and have adequate sized piping to each unit for natural gas. All gas lines will need to be piped to the nearest natural gas meter on location. The specifications and details for the project can be obtained from Damon Brinkerhoff (damon.brinkerhoff@garfk12. org), or cell (435)-690-0028). Questions regarding this project should be directed to Damon Brinkerhoff. Bids must be received by the Garfield County School District, 145 East Center St., PO Box 398, Panguitch, Utah no later then August 4, 2011, 3:00 p.m. Published in The Garfield County Insider on July 21, 28, 2011. UPAXLP Pioneer Days Celebration Escalante, Utah Friday, July 22, 2011 2:00 p.m. Car Wash (sponsored by EHS Girls Volleyball behind Subway) 6:00 p.m. Kids Rodeo Sign ups at rodeo grounds at 4 p.m. (contact Heather Dunton 616-4070) 9:00 p.m. Dance & Mechanical Bull at Firehouse Come enjoy a live band, "Most Wanted" mostwantedband.org Saturday, July 23, 2011 6:00 a.m. Wake-up Cannons and Band Wagon 6:30 a.m. Fun Run (no charge) Start at EHS; finish at Heritage Park 7 - 9:00 a.m. Bishop's Breakfast (no charge) Heritage Park (town center) 9:30 a.m. Kids Bicycle Parade starting at the post office No motorized vehicles Line up at the bank at 9 a.m. (contact Becky Harrison 616-9307) 10:00 a.m. Parade, Theme: "Put Your Shoulder to the Wheel" Griffin Shoot Out & Skeet Shoot after parade 11:30 a.m. Boy Scout Dinner at Stake Center This is the only fund raiser the Scouts have during the year, so please support it well! (contact Melani Torgersen 616-4665) 1:30 p.m. Program at EHS auditorium (no charge) 3 - 5:00 p.m. Carnival at Heritage Park (contact Becky Harrison 616-9307 to re serve space for games, arts and crafts, or food. A variety of booths for the kids will be appreciated.) 4:00 p.m. Kids Footraces during carnival at Heritage Park (contact Garth Noyes 826-4651) 6 - 9:30 p.m. Rodeo Sign ups at the carnival (contact Heather Dunton 616-4070) 10:00 p.m. Fireworks at dark thirty |