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October 2010 Archives

Utah Supreme Court Recognizes Implied Warranty for New Home Buyers

By Lewis P. Reece, Shareholder--Every residential developer, new home builder and new home buyer in Utah and any real estate agent or lawyer involved in the real estate market should be aware of the case of Davencourt at Pilgrims Landing Homeowners Assoc. v. Davencourt at Pilgrims Landing, LC, 2009 Utah 65, 221 P.3d 234.   In Davencourt, the Utah Supreme Court modified Utah’s long standing rule of caveat emptor or buyer beware when purchasing a new home.   The Court went through an in depth survey around the country and found that only Utah had no home warranty of any kind implied in the purchase contract for a new home.   In Davencourt, the Utah Supreme Court changed that.

Utah Supreme Court tasks advisory committee to make justice more expedient and affordable

By J. Gregory Hardman, Shareholder--A well-known adage of the law is “justice delayed is justice denied.”  This adage is more relevant today than ever before.  In recent decades the time and expense required to resolve a civil lawsuit have skyrocketed.

The Iron County economic picture

By J. David Westwood, Associate--The Cedar City Area Chamber of Commerce recently held its second annual Economic Summit.  The Summit was well attended and included a full day of workshops, training, and distinguished speakers, including Southern Utah University President Michael T. Benson, Salt Lake Chamber Vice President Natalie Gochnour, and U.S. Chamber Western Region Executive Director Dick Castner.  Much was said about the current state of the economy, and despite the recent unemployment numbers, the presenters seemed optimistic that the economy is on the rebound.  The following are a few interesting facts about the current state of the economy in Iron County and the State of Utah:

Protecting the U.S. Constitution

By Tyson C Horrocks, Associate--In September 2010, a Constitution Day Celebration was held at the Salt Lake Tabernacle.  Justice Dallin H. Oaks, a former Utah Supreme Court justice, law professor, and president of Brigham Young University, now serving as an apostle in the LDS Church, spoke on the importance of the United States Constitution.  The U.S. Constitution has survived for two centuries and has been a model for constitutions drafted in nearly every other nation in the world.  Given its role throughout the world, it is important that we as Americans understand and support the fundamental principles of the U.S. Constitution.