Terms & Conditions
1- PROVIDER
2 – WHAT REAL ESTATE PURCHASES DOES THE PLAN INCLUDE?
2.1 Residential Property
2.2 Exceptions to Type of Properties
3 – BENEFIT TIME PERIOD
3.1 When do my legal benefits begin?
3.2 What Time Frame Is Covered By The Plan?
4 – NOTICE OF CLAIM
5 – SCOPE OF THE PLAN
5.1 What are my benefits of the Plan?
5.2 What is not covered?
5.3 When legal benefits may terminate
5.4 Your Potential Risk(s)
6 – CASE FILING FEE
7 – RIGHTS AND OBLIGATIONS
7.1 General – mutual duty of loyalty
7.2 Your duty to provide information
7.3 We will appoint an attorney for you
7.4 Conflicts of Interest
7.5 If you appoint an attorney for yourself (“Outside Attorney”)
7.6 Your obligations when submitting and supporting a claim
8 – SUBROGATION NOTICE
9 – APPEAL PROCEDURE
9.1 The Company’s Appeals Board
10 – ELECTRONIC COMMUNICATION
11 – PRIVACY
12 – MISCELLANEOUS ITEMS
12.1 NOTICE OF CHANGES TO TERMS AND CONDITIONS
12.2 GOVERNING LAW
12.3 STATE BAR COMPLIANCE
12.4 DISPUTE RESOLUTION
13 – SELF-PREPARED DOCUMENTS
13.1. SIMPLE WILL
1 – PROVIDER
The Home Buyer Legal Protection Plan (“the Plan”) refers to certain legal services described and set forth in this contract, also known as a “retainer agreement.”
Mountain West Legal Protective, LLC, a Utah limited liability company (“the Company,” “We,” “us,” “our,” etc.) is the provider of the Plan. Our Company is owned and operated by both attorneys and non-attorneys. Please be advised that in addition to non-lawyers having a financial interest in our Company, non-lawyer owners and employees may exercise managerial authority over our attorneys.
Consumer buyer (“You,” “Your,” etc.) refers to the party mentioned on the Plan’s certificate (“Certificate”).
2 – WHAT REAL ESTATE PURCHASES DOES THE PLAN INCLUDE?
2.1 Residential Property
The Plan applies to a consumer buyer who has purchased an undeveloped residential building lot, a single-family home, duplex, triplex, or a four-unit residential property (collectively the “Property”) located within the state of Utah.
Any improvements made to the Property must have been completed at or before the time of purchase of the Plan.
2.2 Exceptions to Type of Properties
Limited legal benefits are available for the purchase of agricultural property, former agricultural property, including small farms and other similar types of properties:
When purchasing agricultural property, or former agricultural property, including small farms, we only cover legal conditions related to the farmhouse (the primary residence). Legal assistance needed for other buildings, structures, installations, including external pipe and manhole installations, as well as plots / ground areas, are not included.
When purchasing other similarly situated properties, we only cover legal conditions related to the part of the building / building stock that has been sold for residential purposes. Legal help needed for other buildings, structures, installations, including external pipe and manhole installations, as well as plots / ground areas, are not included.
The Plan does not include any disputes regarding title issues, boundary disputes, plot map discrepancies, or other similar issues and circumstances that may arise after closing.
The Plan does not include any disputes arising between the buyer and any homeowners association, development company, or other common-interest associations which may have a claim upon the property.
3 – BENEFIT TIME PERIOD
3.1 When do my legal benefits begin?
Your legal benefits begin at the time we issue you a Plan Certificate (“Certificate”). A Certificate will be issued at or before the recording of your real property purchase. The Plan covers all included legal services for a period of six (6) years from the closing date of your real estate purchase.
We may change the terms and conditions (“Terms”) of benefits in accordance with Section 3.2 on an annual basis.
Under certain circumstances, legal services will not be available. See Section 5.3. For risks associated with the Plan, please refer to Section 5.4.
3.2 What Time Frame Is Covered By The Plan?
The Plan covers certain services and costs in accordance with Sections 5 and 7 below and only for covered events that occurred during the Plan’s contracted time period.
The Plan applies from the time we issue you a Certificate, and, unless the property is sold, the legal benefits will continue as long as you have a right to file a complaint against the home seller in accordance with Utah law. In any case, the legal benefits time period is limited to six (6) years after Closing, as defined by the Utah law.
4 – NOTICE OF CLAIM
You must notify us of your potential legal claim(s) without undue delay. If we have not been notified of your legal claim(s) within sixty (60) days after the circumstances on which the need for legal assistance is based, then we may, at our complete discretion, deny your access to the Plan.
Please send all notices to:
Mountain West Legal Protective, LLC
320 W 500 S Suite 200
Bountiful, UT 84010
E-mail: help@mwlp.com
Phone: 801-683-2999
Fax: 801-683-2999
5 – SCOPE OF THE PLAN
5.1 What are my benefits of the Plan?
The Plan will begin as soon as you agree to the Terms & Conditions that are outlined in this document and you have received your Certificate. At that time, you will have immediate access to the following legal services:
Six (6) years of 24/7 access to our client portal containing a database of questions and answers, forms, and other real estate resources;
You will be educated of common legal pitfalls that surround many home purchases;
Your closing documents will be organized and preserved to protect you;
Free access to chat with attorneys and paralegals regarding your home purchase and closing documents;
You will have the benefit of creating a simple Last Will and Testament for no additional charge (See Section 13);
In the event that you run into a legal issue included in the Plan, you can contact MWLP online or by phone, and we will assign an in-house attorney or a contract attorney to investigate the matter further;
Subject to Section 6, the Plan also includes your reasonable and necessary legal costs, as well as costs for reasonable and necessary documentation, associated with complaints, and legal disputes against the seller and the seller’s liability insurance (home seller insurance) if you have a meritorious legal claim under Utah law. The same applies in the event of a delay on the part of the home seller.
Attorneys fees are covered at an hourly rate corresponding to the current market rate determined by the Company, changeable at any time, and in accordance with the Utah Rules of Professional Conduct related to the calculation of a reasonable fee.
Please note: You may choose your own attorney (“Outside Attorney”) subject to Sections 7.3, 7.4, and 7.5 below.
5.2 What is not covered?
Costs and risks associated with the repair, remodel, correction, intervention and return of structures, installations, terrain, etc. (for example, in connection with cause of action / extent of damage) is not included by the Plan;
Costs for design, application processes, fees for construction project processing;
The Plan does not include costs to assess, make, or pursue claims against anyone other than the home seller or the home seller’s insurance. Claims against sellers previous in line to your seller are also not included;
The Plan does not include costs associated with claims against the seller other than those that can be deduced from the real estate purchase contract, Utah state statute, or general contract law rules that apply in the relationship between you and the seller of the residential property in question as the seller;
The Plan does not include legal claims if the circumstances that form the basis for the claim were known to you before signing the home purchase contract;
Costs for court filing fees are not included. See Section 6;
Costs associated with judicial or extrajudicial recovery of claims (i.e. collection efforts) are not included;
Potential court ordered fees and costs in the event that a meritorious claim is unsuccessfully litigated. The Plan does not indemnify against any risks associated with litigating meritorious claims;
Costs related to claims for compensation against the board/management of a company that has sold the property to you are not covered;
5.3 When legal benefits may terminate
The Plan terminates if you enter into an agreement for resale or other transfer to a third party. Legal claims that are based on circumstances that became known to you after entering into a resale agreement with a third party are therefore not covered.
There may be instances when your legal benefits under the Plan may be terminated by the Company. Unless specifically stated herein, termination of legal benefits shall not include a refund to the Plan holder. Situations in which legal benefits may terminate include the following:
A conflict of interest has arisen between your interests and the Company’s. See, Section 7.4.
A Plan holder makes a material misrepresentation of fact and/or attempts to deceive the Company regarding material facts and circumstances related to a claim.
A Plan holder fails to pay the case filing fee as defined under Section 6.
A Plan holder demands or insists that the Company bring a case that lacks sufficient legal merit which violates the Utah Rules of Professional Conduct for attorneys.
5.4 Your Potential Risk(s)
The Plan does not completely eliminate all of Your risk associated with litigation. Every case is unique, and Your total risk is determined, in part, by the facts in your case, and the quality of advice and representation you receive.
The Real Estate Purchase Contract, and many other contracts, provides that the losing party in a dispute shall pay for the winner’s attorneys’ fees. For example, in the event we mutually agree to pursue your claim in court, there is a possibility that we could lose the case and the judge could require that You pay for the seller’s attorneys’ fees. Paying these fees would be your responsibility. These risks are different in every case; however, You and your attorney will review these risks on a continual basis, including how much you may be required to pay if you were ever ordered to do so by a judge.
6 – CASE FILING FEE
Once your claim has been investigated and reviewed by the Company for merit, you will be required to pay a Case Filing Fee (“Case Filing Fee”). These are fees that courts charge to initiate litigation. The amount of this fee varies depending on the type of case involved and the specific legal remedy being sought, but generally ranges between $380.00 and $610.00 (as of early 2021). We will keep you well informed of what these amounts are and when payment is due.
When several claims are reported so that they are handled in context (same case number), they are considered one legal dispute; therefore, there is only one Case Filing Fee required. The need for a Case Filing Fee is triggered when a dispute has arisen which necessitates the Company to proceed with litigation in court. Legal services under the Plan shall be suspended until the Case Filing Fee is paid in full.
A dispute requiring litigation has arisen if there is a disagreement about a claim that cannot be resolved through negotiation, or the other party fails to take a position on a claim within a reasonable time.
In the event of a successful mediation, arbitration, litigation, trial, or another type of court proceeding against the other party, and you are offered or awarded full legal costs, or full coverage for fees and/or expenses, and we are reimbursed for all of our time, costs, and expenses pursuant to Section 7.5, then you will be reimbursed your Case Filing Fee.
7 – RIGHTS AND OBLIGATIONS
7.1 General – mutual duty of loyalty
We are obliged to act loyally towards each other.
7.2 Your duty to provide information
You shall provide us with an account of the facts and evidence so that we have a sufficient basis to assess and decide the applicability of legal services. See, Sections 3 and 5. We reserve the right to make a new assessment of the applicability of legal services if the factual or legal basis for the claim changes. You shall provide us with all information that may be of significance for such a new assessment of the applicability of legal services. See Section 4.
We may suspend further legal services if the factual or legal basis for the claim has changed.
You must provide us with all documents and witness information to which you have access, and which may have an impact on the Plan’s legal services.
You must take care of all documentation related to the home purchase and any breach of contract, and deliver it to us promptly and without waiting for us to send you a formal request for such documentation. See Section 4.
All questions of importance related to assessing your legal services will be answered honestly and to the best of our ability. In turn, you shall, on your own initiative, immediately provide information on all matters that may be important, and shall make available, all present property, objects, or documents, etc., to the extent that this may be relevant to your legal claim(s).
You are obliged to inform us about any relevant insurance coverages under which you may be entitled to coverage.
You shall not take any actions, including engaging in negotiations, delivering any proposals, or making any offers to settle against any other party to the case without the express written permission of the attorney who has been appointed to your case.
If you do not fulfill your obligations in accordance with the terms of this agreement, you may lose your right to the legal services outlined in this agreement.
7.3 We will appoint an attorney for you
The Plan provides you with an attorney in the event you need legal help in accordance with the terms of this agreement. We have the discretion to choose which of our in-house attorneys will help you with your case.
The attorney shall provide to you and us a reasoned assessment of the merits of your case and the probability of whether the claim will succeed. If there is not sufficient legal merit or an overriding probability that the claim will succeed, further legal services can be stopped. See also Section 7.2 and Section 5.
7.4 Conflicts of Interest
We do not anticipate any conflict of interests occurring that would preclude us from representing you in any claim.
However, should a conflict of interest arise we will immediately notify you and you will be entitled to a full refund of all monies paid to the Company. At that point in time, legal services will terminate. In the unlikely event that a conflict of interest arises, you will need to hire your own private attorney for continued representation. Your refund can either be sent to you directly or transferred to your new attorney. We are committed to do everything that we can, within the ethical and professional limitations presented with the conflict, to assist your new attorney in taking over your case.
7.5 If you appoint an attorney for yourself (“Outside Attorney”)
If you wish to use an attorney of your choice, rather than having an attorney appointed to you by us, you may do so at your own cost. An attorney appointed by you is referred to as an “Outside Attorney.” You must notify us in writing if you wish to appoint an Outside Attorney for yourself.
We are not responsible for any fees, costs, or other expenses as a result of a change of lawyer.
7.6 Your obligations when submitting and supporting a claim
Submitting a claim may trigger legal action on your behalf. In legal proceedings under the Plan, we shall seek reimbursement of all legal fees (hourly rate attorneys fees “Attorneys Fees”) and costs (filing fees, expert fees, etc.) from the opposing party at no cost to you. If you would rather that we not seek reimbursement of legal fees, then you agree to pay us our normal and customary rates and fees for the time spent on your case or to allow us to withdraw from legal representation and stop all legal services, notwithstanding any other promise that we have extended to not bill you. We would much rather seek reimbursement from the other party, but we will always let you choose which direction you wish to pursue.
In the event that reimbursement of legal fees and costs are awarded to you, you agree to allow the Company to receive those fees.
If you, after a judgment or other court decision is available, enter into a settlement agreement that reduces your award of legal fees and costs, or any claims covered by the Company without express written consent from the Company, then the subsequent agreement between you and the other party is not binding on the Company’s rights. You shall, as soon as possible, after the court decision is available, provide the Company with a specified time list and statement of any other legal costs and expenses that you claim are to be covered by the Plan.
8 – SUBROGATION NOTICE
Because it is anticipated that your homeowners insurance or other applicable insurance may cover the costs of repairing or restoring your property, any such insurance carrier may be entitled under the law to pursue any third party that caused an insurance loss to their insured. This is done in order to recover the amount of the claim paid by the insurance carrier. Therefore, you are on notice that any settlement or judgment in your favor for damages will most likely be passed on to the insurance carrier as a remittance to them due to their legal right to collect a debt or damages incurred by their insured.
If you did not use a homeowners insurance carrier to assist you, then any settlement funds or judgment funds that are collected by the Company shall be yours.
9 – APPEAL PROCEDURE
9.1 The Company’s Appeals Board
If you disagree with a decision to terminate legal services or to not pursue the claim, you may formally demand that the decision be reviewed by the Company’s independent appeals board (“Appeals Board”). The appeal request can be sent to:
Email: help@mwlp.com
SUBJECT LINE: Appeal Request
By letter:
Mountain West Legal Protective, LLC
ATTN: Appeals Board
320 W 500 S Suite 200
Bountiful, UT 84010
The Appeals Board consists of three people, of which at least one member must have a background from a consumer organization or from a public enterprise that works with consumer cases, at least one member must have legal competence, and at least one representative shall be a member of the Company. Board proceedings take place at no cost to you.
The Appeals Board decides whether the proceedings shall continue at the Company’s expense or be terminated. You shall be informed of the outcome of the Appeal Board’s decision within 30 days. The chairman of the committee has the opportunity to summarily reject any appeal requests that have as their basis, any underlying claim(s) that objectively will not lead to a successful resolution.
If, after consideration by the tribunal, you choose to pursue the case on your own and at your own expense, you shall be entitled to a refund of the Plan you purchased from us.
10 – ELECTRONIC COMMUNICATION
The Company will communicate with you electronically, and by purchasing the Plan, you agree and consent that all communication between you and the Company can take place electronically. The information sent from the Company may contain important information, and you must ensure that all electronic inquiries from us are reviewed as the inquiries may contain essential information for the legal services relationship, such as:
• Legal Benefits
• Invoices (where non-payment may result in benefits ceasing)
• Documents relating to termination of the benefits
• Documents in connection with claims
• Documents related to litigation
Electronic communication means that we will send you information via email and/or text message (SMS) when new information is available on the customer portal.
11 – PRIVACY
All information we receive in connection with our services is treated confidentially based on the rules related to lawyers’ duty of confidentiality. Therefore, MWLP will never sell or disclose any of your personal data or information. However, general demographic and statistical data may be shared with our affiliate companies. Additionally, there may be a need to communicate some of the information provided by you to the Company and to others, for example, such as expert witnesses or other necessary parties who are hired by the Company to safeguard your interests. By initiating a claim you hereby give your consent for the Company to provide information as mentioned.
Unless otherwise agreed, we also have the right to disclose your name to a potential or pre-existing client to explain a relationship for the purchase of checking for conflicts of interest. We are not aware of any conflict of interest at this time. However, it may be necessary to disclose otherwise confidential information to determine if future conflicts arise. The Company is deeply committed to only disclosing the minimum amount of information required to ascertain the potential existence of a conflict of interest. We also reserve the right to hire independent counsel at our own cost to analyze any potential conflicts of interest. You therefore, acknowledge and agree that the analysis of any potential conflicts of interest are protected under Attorney-Client privilege.
12 – MISCELLANEOUS ITEMS
12.1 NOTICE OF CHANGES TO TERMS AND CONDITIONS
These Terms and Conditions are subject to change. Any such changes shall become binding upon the Plan holder upon their effective date. The Company shall deliver written notice of any changes to these terms and conditions along with a copy of the most recent version of the terms and conditions via electronic communication pursuant to Section 10. The Company shall send such electronic communication at least 30 days prior to the effective date of any changes to these terms and conditions.
12.2 GOVERNING LAW
These Terms and Conditions shall be governed by and construed under the laws of the State of Utah.
12.3 STATE BAR COMPLIANCE
These Terms and Conditions as well as Mountain West Legal Protective, LLC’s business operations are in compliance with the requirements and restrictions governing legal services as determined by the Utah State Bar.
12.4 DISPUTE RESOLUTION
Should a dispute arise between you and the Company, you hereby consent to attempt to resolve any dispute first through mediation. The parties further agree to resolve any dispute arising out of these Terms and Conditions by submitting to binding arbitration before a single neutral arbitrator. In any such arbitration, the prevailing party shall be entitled to recover costs and reasonable attorney fees. The party demanding the arbitration shall pay the arbitration fees.
13 – SELF-PREPARED DOCUMENTS
13.1. SIMPLE WILL
The Company may provide you with access to Self-Prepared Legal Documents. These documents are created by you after answering specific questions that have been designed by us, or by any of our affiliate companies or vendors, that will form the basis for the creation of the final legal document.
All Plan participants shall be entitled to create a self-prepared Simple Will. While creating any of our self-prepared legal documents, you must answer the questions honestly and to the best of your ability. We do not assume any liability for self-prepared legal documents. However, you may hire our paralegals or attorneys at an hourly rate to review any self-prepared legal documents that you have created. Rates will vary depending on the amount of time and complexity involved.
From time to time, the Company may provide you with information about optional services that may be purchased for additional fees. These may include, but are not limited to, Complex Wills, Trusts, Power of Attorney Documents, Healthcare Directives, and more. You may inquire about any of these services by contacting us.
