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Colorado Contracts Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Colorado on
Q: If I signed a lease w a private owner landlord of a condo, whom I've dealt with for all issues that arise,and whom

I've paid Rent to, hires a new realtor/management company 6 months into the year lease. I owe no obligation to the new realtor, because I never entered into a new contract w them?

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Nov 9, 2022

That depends on the contract. Typically your duty is to the property owner but they have the option of hiring a property manager to act as their agent. If you are asking then that means there is a potential problem. You should contact an attorney to help you work through it.

Please be...
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1 Answer | Asked in Contracts for Colorado on
Q: I left my apt in CO in 2020 & despite many calls, I have yet to receive my deposit. Can I legally do anything about this

My wife and I moved out of our apt in Westminster, CO in 2020. We truly left the place significantly cleaner than it was when we moved in. They told us we would receive a fraction of our deposit. That alone can bring up another legal question in itself. We called so many times asking about when we... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Nov 9, 2022

There may be potential legal actions you can take. But you should call an attorney ASAP. If you are going on three years, there is a good chance you may toll under the statute of limitations meaning any claim you could bring you can no longer bring because you waited.

Please be aware that...
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1 Answer | Asked in Contracts and Employment Law for Colorado on
Q: I basically need to know what you can and cannot require of your independent contractors.

Currently, I work for a company as an HR representative that does not have any employees, but only independent contractors. The owner recently implemented a new policy. This policy includes some points that i believe teeter along the lines of formal employment. For clarification, these independent... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Oct 23, 2022

Hello, your question is a very common one. This is not legal advice specific to your situation, but may be helpful as you continue to frame your question and seek a Labor & Employment Law attorney to help you.

In general, the IRS publishes a few resources to help businesses classify...
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1 Answer | Asked in Contracts, Estate Planning, Landlord - Tenant and Probate for Colorado on
Q: How do I revocate a contract / remove the trustee from trust/estate/property/etc.??

Acting as Durable POA for my incapacitated father, (with no limitations at all) - him being grantor of 1/2 a living trust within the family, I have been rejected 90% of the time I make a decision "as if I were him". Trustee will not respond to me at all or respect any of my father's final wishes

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 20, 2022

I think you need to determine if the trust is revocable or irrevocable. If it is an irrevocable living trust then you may not have the authority to do anything as that authority may rest with the trust administrator. I am in no way an expert in trusts but you may be able to find some information... Read more »

1 Answer | Asked in Contracts for Colorado on
Q: I went to my storage locker and access denied. My account is fully paid and I was given no notice, what do I do?

I'm just really confused and feel like my things are stolen/gone. Can't get ahold of customer service, and I have no email, post, or anything on their online account site showing any reason why my gate code shouldn't work. My next bill isn't due until next week. I even read... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 19, 2022

Well, you may have a claim for breach of contract, conversion, and/or theft. It just depends on how the storage company responds and if you are in compliance with your contract. I would get in contact with an attorney to try to help to resolve the matter.

Please be aware that any answer is...
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1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Native American Law for Colorado on
Q: Should I sell my interest

I have trust land and the tribes want to buy my interest and conveyance for something

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 19, 2022

Afternoon,

I think you need to get in touch with an attorney specializing in Indian law for your specific tribe. I used to work in oil and gas in a none legal capacity and know there are different levels of ownership within the tribe. I think it would depend if you are an owner, have a...
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1 Answer | Asked in Contracts and Real Estate Law for Colorado on
Q: Are you able to request invoices/receipts from your landlord to recalculate the itemized list of deductions from deposit

We got a reconciliation with amounts withheld much higher than expected, and the numbers are all even and round. We do not feel like this is the actual amount paid for any damages that he claims are beyond “normal wear and tear”

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 12, 2022

There are very strict requirements around security deposits. I encourage you to reach out to an attorney. If a security deposit is wrongfully withheld if may subject the landlord to treble damages plus attorney fees and cost. Like I said, it does not hurt to talk to an attorney.

Please be...
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1 Answer | Asked in Contracts for Colorado on
Q: can a broker switch to tranaction broker right before closing?

can seller just terminate the contract

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 5, 2022

I suppose I will answer the second question. It depends. While it is harder for a seller to terminate the contract, it is not impossible. It all depends on the contract. Because we cannot look at the contract, this question is impossible to answer. If the seller terminated the contract and you... Read more »

1 Answer | Asked in Car Accidents and Contracts for Colorado on
Q: Rented a car in Colorado rodent chewed wires and they want to charge me for it. can they do that?
Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Sep 22, 2022

I would think that would depend on your contract and if they can link the damage to your use of the car. If the rat was already living in the car when you took it, is it really your problem? Depending on the amount, it may be worth talking to an attorney.

Please be aware that any answer is...
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1 Answer | Asked in Contracts, Landlord - Tenant and Animal / Dog Law for Colorado on
Q: I have an apartment lease which stipulates certain breads of dogs considered dangerous and not allowed.

There are many dogs on that list now living in my complex. The office says the owners of those dog’s presented documents claiming the dogs are “emotional support “ animals and they are required to accept them. How is this not a breech of my lease which prohibits such dogs? Thank you

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Sep 16, 2022

In many circumstances federal and state law trumps contract law. Contract law must live in the legal framework setup by both the state and federal governments. A personal contract typically cannot supersede a state or federal law unless the law allows itself to be superseded.

If a contract...
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2 Answers | Asked in Contracts, Copyright and Business Law for Colorado on
Q: What to do ?

I started a new instagram account for my twin boys and have posted a video that reached 6 millions views in a week or so and a company contacted me to get a permission from me to share their video in their social media and I will get 60% and they get %40. So I just want to talk with an attorney... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Sep 11, 2022

You are wise to check with an attorney before you sign anything that does not make sense. Generally, the person creating a video clip has an automatically-occurring copyright in that video. The automatic rights are harder to enforce or sell, but the maker of the video clip can register their rights... Read more »

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1 Answer | Asked in Contracts, Business Formation and Business Law for Colorado on
Q: Setting up a holding company to allow for 100% ownership of future locations

I am opening a brick and mortar location in CO, with investors lined up. Naturally, they will request some equity in the company.

How can I setup a situation where I end up owning the overall brand, so that several years from now I can open additional locations in other states and/or... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Sep 2, 2022

While this reply is not legal advice specific to your situation, the following generalizations may be useful to anyone opening a business in Colorado under circumstances similar to yours.

Selecting a business structure is a key business decision. Business structures can be changed over the...
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1 Answer | Asked in Contracts and Construction Law for Colorado on
Q: Im a contractor I have a contract with a homeowner, they want to cancel the contract how do we go about doing so?

The paper work for permits took longer then expected, there was a change order, and a deposit was put down from the homeowner. They want to cancel the contract and an itemized list of what was spent.

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Aug 26, 2022

I would start with your original contract. If contains procedure on how to cancel the contract, then you may be able to use that.

If not, then you may wish to sit-down with the homeowner and negotiate a settlement agreement/ termination agreement. In short, you would both be agreeing to...
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2 Answers | Asked in Contracts, Business Law and Landlord - Tenant for Colorado on
Q: Can a commercial landlord forcibly remove tenant's contents without the eviction process - even if it's in the lease?

Upon coming to that conclusion, he mentioned a "mean way" and a "nice way" to handle this. As an art gallery, we need to be careful how we move everything, so we need some time. He said the "mean way" would be their having "repossession trucks" come in with a... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Aug 23, 2022

Afternoon,

If you have a landlord threatening to remove items from a commercial space, you need to obtain an attorney right away.

In Colorado, we have the unlawful eviction statue otherwise known as C.R.S. 38-12-510. The statute prevents landlord from evicting tenants without...
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1 Answer | Asked in Contracts, Arbitration / Mediation Law and Health Care Law for Colorado on
Q: I can't afford my chiropractor anymore but I have a 12 month contract with them. Can i get out of it safely?

The service with them has helped i just can't afford it every month and have a standing contract/payment plan with them.

Tim Akpinar
Tim Akpinar
answered on Jun 24, 2022

A Colorado attorney could advise best, but your question remains open for two weeks. It could be difficult for an attorney to offer guidance without seeing the contract's terms about termination, cancellation, refunds, penalties, etc. You could reach out to local attorneys to review the... Read more »

1 Answer | Asked in Contracts and Construction Law for Colorado on
Q: Need help interpreting a construction proposal agreement

After project completion contractor want to charge extra for changes made during construction to meet code. The agreement states that "Any additions, alterations, or deviation to this proposal involving extra costs, will be executed only upon written orders and will become an additional... Read more »

James A. Greer
James A. Greer
answered on Apr 16, 2022

Dear Owner Facing Post-Performance Claim for Extra Contractual Payment: Your question has two areas of focus, the issue of a post-performance claim for Extra Payment and the potential pursuit of indemnity for the extra charges as against your Design Professionals. First, with regard to the issue... Read more »

1 Answer | Asked in Contracts, Car Accidents and Insurance Defense for Colorado on
Q: I got insurance last month. totaled car. insurance pmt late. They're cancelling me in the middle of my claim. Can they?

My payment is late. I will be able to pay on my payday (in 5 days). They said it will be cancelled on Jan 4.. Can they cancel me before finishing my claim?

Tim Akpinar
Tim Akpinar
answered on Jan 11, 2022

A Colorado attorney could advise best, but your question remains open for four weeks. As a general matter nationwide, the issue is generally whether the policy was in effect at the time of the accident, barring any special conditions stipulated by the carrier. Carriers can extend grace periods to... Read more »

1 Answer | Asked in Bankruptcy, Contracts, Copyright and Collections for Colorado on
Q: What is the Statute of limitations in a auto-loan delinquency. The account was originally listed as “ “ “ charge off “

The account is now listed as closed, I never made any agreement/payment arrangements w/ creditor after the car was voluntarily repossessed.

Mike T. Ramsey
Mike T. Ramsey
answered on Jan 6, 2022

Statutes of limitations vary by state. For example in Mississippi, the statute of limitations on an auto loan deficiency is only one year. Under Colorado Revised Statute 13-80-103.5, the statute of limitations is 6 years. This runs from the date of the last payment. The fact that it is... Read more »

1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for Colorado on
Q: what do i do if my soon to be ex wife and my family the state and conuty ect .... as well as every bank wont help me ..

they have hacked every phone ..on my sixth phone line ..i now have no money no wheels.. they are hidding everything from and everyone has helped them ... she sold and stole a patent of my and now doing it agian ..its all about money investment property ... i never even knew and now they're try... Read more »

D. Mathew Blackburn
D. Mathew Blackburn
answered on Nov 4, 2021

Scheduling an appointment with a therapist to help you move past your loss. If you've exhausted all other remedies there's nothing left but to let it go. A professional can assist you with that.

1 Answer | Asked in Contracts, Estate Planning and Probate for Colorado on
Q: I am a heir and a beneficiary on my grandfather's will I was sent info on estate and have no clue on what any of it mea

I would like a lawyer to explain to me in layman's terms what's really going on with my grandfather's estate and my inheritance

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 6, 2021

Hire a competent CO attorney to look at the documents and give his assessment. You may need to examine the Probate Case File at Court, or at least call the Clerk.

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