Lincoln W. Hobbs

  • Insurance Claims, Real Estate Law, Employment Law
  • Idaho, Utah, Wyoming
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Practice Areas
  • Insurance Claims
  • Real Estate Law
  • Employment Law
Additional Practice Area
  • Insurance Bad Faith
Jurisdictions Admitted to Practice
Idaho
Utah
Wyoming
Professional Experience
Founder, Managing Member
Hobbs & Olson
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My practice at Hobbs & Olson has focused primarily on condominium and HOA law, with secondary emphasis on other property law and employment law.
Member
WInder & Haslam, P.C.
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Education
The University of Utah S.J. Quinney College of Law
J.D.
Honors: Leary Scholar
Activities: Editor-in Chief of the Journal of Contemporary Law
University of Utah
B.A. / English
Professional Associations
College of Community Association Lawyers
President
Current
Speaking Engagements
Litigation for Managers, Community Associations Institute Annual Conference, Orlando, Florida
Community Associations Institute
Legal Trends of Which Managers Should be Aware, Community Associations Institute Annual Conference, Orlando, Florida
Community Associations Institute
Legal Answers
22 Questions Answered

Q. Why is a law firm willing to pay to fly me out for deposition in a class action case?
A: Probably because it' less expensive than them flying to you.
Q. Do employers need to provide a written copy of their employee policies?
A: No. But they should.
Q. Is forced overtime legal? And if so, is there a time limit for prolonged forced overtime?
A: An employer can require you to work as many hours as they wish, provided they compensate you in accordance with overtime laws. They cannot "force" you to do it, in that you can decline, and quit or get fired. If your employer is making you work more than you want, I'd suggest that you try to find a new job. It's much easier to find a job when you are currently employed and don't need to explain why you left your last job.
Q. If your company has video surveillance, do they have to tell you?
A: It would be a good practice, but would not be required in a portion of the office where there is no reasonable expectation of privacy.
Q. Can an employer ask you not to file a claim if they offer to pay any of your out of pocket expenses?
A: Not file a claim for what?
Q. Just left an apartment who is charging us $300 in move out cleaning costs, despite us cleaning for 8hrs. Help?!
A: Take a look at the Utah Fit Premises Act, Utah Code 57-22. (You can find it through Google.) Also, check your city's ordinances; some cities provide more protection. Small claims court may be your best and only real option.
Q. Who is the responsible party for resolving a partial reconveyance issue in a lot sale? Sellers, buyers, or title co?
A: All of the parties should be motivated to move this along, assuming the seller wants to sell and the buyer (you) still want to buy. The complexity of resolving this type of dispute varies considerably based upon the type of property involved, and the jurisdiction(s) which have authority. Sometimes you have many levels of bureaucracy to deal with. A real estate lawyer may be helpful in answering the specific questions involved,
Q. Do we have any recourse with the seller??
A: If you purchased with a Utah standard form Real Estate Purchase Contract, the seller would have had to make disclosures of known defective conditions with the property. If you can prove they knew about them, and didn't disclose them, you may have a claim for fraud, or breach of contract, or both. You will probably be required, however, to establish fraud by clear and convincing proof, which is a hard burden to meet.
Q. do I have to take best offer by law even if below asking price?
A: Unless there is some important fact missing, your realtor is incorrect.
Click here to see all answers
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Contact & Map
466 East 500 South
#300
Salt Lake City, UT 84111
USA
Telephone: (801) 519-2555
Fax: (801) 519-2999
Fax: (801) 519-2999