Dear Neighbor Dispute Client: The simple reply to your inquiry is to start with a Cease And Desist letter, wherein you identify with specificity the utterances made by the neighbor to prospective purchasers along with approximate dates, and make legal demand for the neighbor to stop said...Read more »
Dear Property Owner With Easement: A standard easement is a recorded document that is binding on both owners (both the "servient" and the "dominant" parcel owners), and an easement "runs with the land" (meaning, attaches to the property and impacts all future owners...Read more »
Seller was executor, however we also learned for the past 10 years they have been the sole caregiver for the property (replacing roof, electric, etc). We came across someone previously under contract who provided the estimate they received for foundation work. Are they legally bound to... Read more »
Dear Disclosure Issue Questioner: To try and clarify, if by the phrase "someone previously under contract" you mean that a different potential buyer had obtained a professional's estimate to perform foundation repairs ? and if you are certain that estimate was supplied to the...Read more »
Dear Unpermitted Work with Code Compliance Notice: Short answer is yes you can still sell your residence but BE VERY WARNED that you MUST DISCLOSE everything about the unpermitted work, every document you have received from city (all departments, don't leave out anything). Just make sure your...Read more »
My parents, who are in their 80's still paying mortgage on house. What is involved for me to pay off the mortgage and putting the title under my name so my parents do not have to worry about this anymore?
Dear Daughter/Son inquiring about assisting parents: To achieve your objectives (title transfer and lump sum mortgage payment) IRRESPECTIVE OF TAX RAMIFICATIONS, you'll need to: (a) determine the name and payment address of Lender and send lump sum final payment, (b) have attorney draft...Read more »
He missed this huge issue with the foundation. We decided to buy thinking his 10K estimate for bolting and crack repair was all the more needed to spend. Now, we're looking at 30K to 80k for serious repairs (piers for foundation support). Also, there's a leak from the kitchen drain... Read more »
Dear Foundation Issue Client: I'll make an effort to guide you, but the analysis of your potential claims are very much driven by the documentation that you have or don't have as the case may be). As to your Seller: you might have a potential "Failure to Disclose" claim if the...Read more »
Dear Questioner facing extra-contractual charges: I am unclear if you are the Contractor or the Owner in the description you provided. However, while there would be nuances in my legal analysis and recommendations depending upon your respective "role", the basic answer remains the same....Read more »
Dear Tear-Down Seller: I am not clear by your question if you are in the marketing analysis stage or if you are actually under contract. If you are under contract then the reply to your question is: no, a Seller (you) has no right to ask for an increase in sales price once you are under contract...Read more »
Dear Condo Owner: Your description of "discovery" of extensive repairs needed at your condo purchased 09/2019 appears to require the further analysis of a skilled attorney, because you have potential "Failure To Disclose" claim agains the Seller and "Failure to...Read more »
I'm purchasing a property that requires owner occupancy, but property has 2 tenants with leases until next year. I have 60 days to owner occupy. How can I legally occupy the home within 60 days when the tenants have contracts in place?
Dear Owner Occupier: if you are certain that physical occupancy is required (which seems the case), then what we have done on behalf of owners in several similar instances is to negotiate a "buy out" the leases, whereby we explain your situation to the tenants ask them to consider our...Read more »
There is an ordinance in my city that says I have a 25’setback. I only have a 30’ driveway. I need something to help keep my house cooler and help my home become more energy efficient. Is the city obligated to give me some type of solution?
Dear California SET BACK LAW questioner: The 25 foot set back precludes erection of a building structure but typically does not preclude, for example, an arbor or a shade sail or retractable awning. If you construct one of these examples above your sun-facing windows that may offer relief. You...Read more »
Dear County Compliance questioner: I'm afraid that your defense "it's been unlawful for a long time" is not adequate for you to avoid the Colorado Municipal Law pertaining to the County's jurisdiction over unpermiited structures. To perhaps smooth over your anguish about...Read more »
Dear Condo Owner with leaking plumbing pipe: If I am reading your question accurately, you have a situation where a water sourcing copper pipe that is leaking and caused damage to your flooring and possibly to downstairs neighbor, and you want to know if you or the HOA is responsible. Here's...Read more »
Dear Contractor with "unlawful deposit" question: I am concerned, on your behalf, with your question. Please accept my CAUTION: it is UNLAWFUL to obtain as a deposit in California for more than "$1000.00 or 10% of the project, whichever is LESS". You may want to read...Read more »
Dear Builder-Delay Client: The answer to your inquiry is heavily dependent upon the contents of your purchase contract. If your purchase contract is with a "large multiple unit residential developer" (examples I am familiar with here in CO include: Toll Brothers, Holton, Lennar, Pulte,...Read more »
Dear Recipient of Fraud Lawsuit by HOA: The general legal premise is that a FRAUD claim (or termed "cause of action", once a lawsuit is filed) is PERSONAL in nature. That means the cause of action survives the transfer of property, and a Quitclaim Deed transfer of the underlying property...Read more »
The new owner got a bill and wants me to pay half. I did not know the roof was damaged when I sold the townhouse. The HOA sent out correspondence saying they recommend we change our insurance coverage when I still owned the townhouse, but I don't think they ever said there was damage to the... Read more »
Dear Townhouse Owner: Unless your CC+R'S or other HOA governing documents are completely different than the 100s of these I have drafted, interpreted, and litigated, you are NOT obliged to reimburse the new owner for the HOA's capital improvements and/or repairs, after the date of sale....Read more »
I have land for sale in Colorado and a very interested buyer from Oklahoma. They have seen a video of the property but they can't travel to see it themselves until May or June because of COVID-19. What is the best agreement to make to sell the property and accommodate them? A Right of First... Read more »
Dear Colorado Land Sale Client: I would recommend the following for this transaction: (1) an Option To Purchase for (2) duration of X months (3 months, perhaps ?), with (3) nominal consideration (1% of the sales price, perhaps ?) which will be credited back to the Buyer upon closing. If the...Read more »
Contract Request: if I understand your question, you need a Purchase Contract (?) for real estate (?) with two buyers, and then a subsequent assignment of that contract (?). We offer Fixed Fee for transactional work of this nature. It would be less than $1000.00. But I'd really need to get a...Read more »
Retaining walls that were to be designed within city requirements to not need a permit. Walls were built, and measurements now show it needed a permit. Also, wall is leaning away from dirt it is retaining, and, after first rain-season, multiple sinkholes have developed on the tiers the walls are... Read more »
Retaining Wall Owner: My analysis on your behalf would start with: (1) the written contract (scope of work, is there a dispute mechanism clause, attorneys fees for having to pursue a dispute), and then (2) the wherewithal of the contractor whom performed the work (do they have insurance, are they...Read more »
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