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Questions Answered by James Alan Greer
2 Answers | Asked in Real Estate Law for Colorado on
Q: Under contract for a home and builder isn’t following through timeline. We pay $638 every 7 days to extend our lock.

It’s a builder contract so wondering what power we have in the situation. If we can get any compensation from the builder to offset unexpected costs?

March 24 - Contract Date, we were informed that the build was estimated for completion on April 22.

May 8 - extension of Review... Read more »

James Alan Greer
James Alan Greer answered on Jun 4, 2020

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 »

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1 Answer | Asked in Real Estate Law for Colorado on
Q: I own hm outright. The HOA filed a fraud lawsuit. Havent been served. If I sign quit claim deed, will it void suit?

I have left the community. I would like to quit claim the property and avoid the years long cost and harassment

James Alan Greer
James Alan Greer answered on May 17, 2020

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 »

2 Answers | Asked in Real Estate Law for Colorado on
Q: Am I responsible for an HOA bill to replace a roof on a townhouse I sold almost a year ago?

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 »

James Alan Greer
James Alan Greer answered on May 5, 2020

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 »

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2 Answers | Asked in Contracts and Real Estate Law for Colorado on
Q: Buyer can't see land because of COVID-19? A Right of First Refusal or Option to purchase best for seller?

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 »

James Alan Greer
James Alan Greer answered on Apr 4, 2020

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 »

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1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Tax Law for Colorado on
Q: How much in average does it cost to draft up a two part buyer and assignment contract
James Alan Greer
James Alan Greer answered on Mar 25, 2020

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 »

2 Answers | Asked in Construction Law for California on
Q: What type of lawyer for defective retaining wall design/construction?

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 »

James Alan Greer
James Alan Greer answered on Mar 21, 2020

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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2 Answers | Asked in Real Estate Law for Colorado on
Q: Can a buyer terminate real estate contract because they don't like the HOA interaction they are having?

I am under contract to sell my condo, and the Buyer is sending a notice to terminate the contract because they don't like the HOA interaction they have had with some questions. Is that grounds for them to terminate in Colorado? Seems like a weak argument.

James Alan Greer
James Alan Greer answered on Mar 21, 2020

Dear Condo Seller: The buyer has an opportunity to invoke cancellation of the standard Colorado Purchase Contract for HOA issues that meet LIMITED CRITERION (the HOA finances, HOA records, pending assessments, etc) - however, a buyer whom "doesn't like the interactions" with the HOA... Read more »

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2 Answers | Asked in Real Estate Law for Colorado on
Q: I co-invested in a property with my sis. She died and the place was never in my name. Her husb. won’t respond.

I co-purchased a rental apt with my sister to use as a home base for our business in Denver, CO. I live in Tennessee. The apartment was part of a larger investment I/we made toward a shared business that has since gone bankrupt and failed. It was verbally agreed that we would keep (and perhaps... Read more »

James Alan Greer
James Alan Greer answered on Jan 19, 2020

Dear Verbal Contract real estate owner: In the state of Colorado a verbal contract to hold property is invalid as against the statute of frauds (stated briefly "it has to be in writing"). There are maneuvers around the statute, but would depend greatly on the quantity of... Read more »

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2 Answers | Asked in Real Estate Law for Colorado on
Q: I was supposed to close on my house on 12/20/2019. The sellers are claiming to have medical issues.

I have not been told a new closing date as of today. We all signed a contract, them to sell, me to buy on the above mentioned date. Do i have legal recourse?

James Alan Greer
James Alan Greer answered on Jan 17, 2020

Dear Colorado Buyer of Residential Property: The Seller cannot use "health reasons"

for failing to allow you close on the purchase of this property, and therefore assuming you have continually been "ready, willing, and able" to close and not for any other reason in...
Read more »

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2 Answers | Asked in Real Estate Law for Colorado on
Q: Our builder is defaulting on 20k of bills owed on our build project we paid him in full for. How do we protect ourselve

Most of the money is owed to a lumber store.

Can creditors still pursue us after the lien period is done or would they then be required to pursue the builder who actually owes the funds and used out money to pay other debts?

James Alan Greer
James Alan Greer answered on Dec 13, 2019

Dear California Homeowner: If your contractor is licensed in the state of California, then you have three steps to take, in my opinion: (1) send a "legal demand letter" to the Contractor demanding they pay the supplier and any other suppliers/subs owed money within the next 72 hours... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Construction Law for California on
Q: Can you please confirm if my interpretation of the BPC code for unlicensed subcontractors is correct:

A licensed contractor sent unlicensed tile installers, (1099 employees, not W-2 employees), to install our kitchen floor. The job was $1,500 plus materials. He claims that since they were "employees," and covered under their workmans comp, they did not need to be licensed. Is this true?

James Alan Greer
James Alan Greer answered on Oct 4, 2019

Homeowner With Question On Licensure: Your thinking about licensed subcontractors is mostly correct (nicely done !). A contractor or subcontractor may perform ANY TYPE OF WORK without a license so long as the whole of the work is LESS THAN $500.00 (the "PennySaver" advertisement type... Read more »

2 Answers | Asked in Real Estate Law and Construction Law for Colorado on
Q: We are building a home in Colorado and our builder has had endless delays and constant excuses as to why it’s not done.

Our original move in date was July 15, then August 15, August 25, now October 1st. He didn’t even start the foundation clearing until August 25th, it’s not been touched since then. The house is complete (modular) and off site, waiting on the site to be complete.

He is paying for a... Read more »

James Alan Greer
James Alan Greer answered on Sep 6, 2019

Dear Delayed Home Builder: Your question speaks of the phenomenon happening in CO (and other states) whereby the construction industry is "spread thin". I don't mention this to rebuke or to offer excuses for the Contractor, but delayed projects are a sig of the times. You have a... Read more »

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2 Answers | Asked in Real Estate Law for Colorado on
Q: in colorado if i offered full listing price no contignent cash offer do they have to accept or at least respond
James Alan Greer
James Alan Greer answered on Sep 4, 2019

Dear Colorado Offerer: The question you pose has a direct and straightforward reply based in contract law. An offer to purchase (your offer at full list price) is only an OFFER. Meaning, an offer invites acceptance but does not create a contract. The Seller's choices in reply to your... Read more »

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1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Construction Law for California on
Q: Is general contractor in breach of contract? What should I do- he's insisting on payment bu appears to have abandoned me

12 HI contracts with 1 GC 10 paid in full due to how progress payments worded Only 3 HIC completed 65% work don 85% of total balance paid Arranging financing for 1/2 of 15% left but now have preliminary lien notice from subcontractor & want to hold back 10% of total balance until resolved &... Read more »

James Alan Greer
James Alan Greer answered on Aug 30, 2019

Dear Owner Requesting Advice on Retention Payment issue: While I am adept at advising owners in a construction setting, your question as stated is probably not capable of reply in this limited forum until more information is obtained. Critically, an attorney would definitely need to review the... Read more »

1 Answer | Asked in Construction Law for California on
Q: Hired a home depot contractorand he quit how can i get help?

I went to home depot to have a new door installed. I talked to an employee. They took down my info and said contractors would contact me. One of their contractors started the door install. We started talking about a remodel of bath and kitchen. He started the next day. NOW HE DID THE DEMOLITION... Read more »

James Alan Greer
James Alan Greer answered on Aug 18, 2019

Homeowner With Contractor Abandonment. Your situation sounds upsetting; I'll try to offer some guidance.

First, perhaps you should be trying to contact the actual contractor that abandoned this job - do you have their company name ? if you do you can look them up online or on...
Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for California on
Q: I am a plaintiff. I need to amend my lawsuit to add two additional defendants. How can I do this?

The matter concerns a surety bond. I want to join the surety as an additional defendant, as well as the principal on the bond. The original defendants have not been served because we cannot locate them.

James Alan Greer
James Alan Greer answered on Aug 14, 2019

Dear Plaintiff Needing to Amend Complaint: If there is no named defendant whom has filed an Answer to Complaint (which seems likely from my reading of your description) then you are allowed by the Code of Civil Procedure to file a "First Amended Complaint", and the court will accept the... Read more »

2 Answers | Asked in Real Estate Law for Colorado on
Q: What if neighbor violates terms of an easement in CO?

Our neighbor has planted trees and bushes directly over our sewer lateral, which crosses his property on an easement. The easement agreement says, "the <neighbor> covenants and agrees (i) not to construct, install or maintain any structures or fixed improvements within, over or upon any... Read more »

James Alan Greer
James Alan Greer answered on Jun 11, 2019

Dear Easement Grantee: On the face of it, your description of the activities by the servient property owner seems to be a violation of the Easement Agreement, to wit: "not to plant, install, or maintain any trees, bushes . . . over or upon any portion of the . . . Area". Easement... Read more »

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1 Answer | Asked in Real Estate Law for Colorado on
Q: i have a contract to sell my house, and i need someone to look over it for me and let me know if it is legit.
James Alan Greer
James Alan Greer answered on Dec 28, 2018

Sales Contract (Residential): I am equipped to assist, and happy to help. Would be best if you sent along the proposed/pending Contract via email, and I'll supply you with a responsive email identifying the Fixed Fee to perform review, analysis, and advice. Thanks. jamesgreer@CalCoLaw.com... Read more »

5 Answers | Asked in Business Law and Real Estate Law for Colorado on
Q: Retail Business Space Lease

I have an existing business that is an LLC and we are moving to a new location for our business. In the new lease it calls out in our addendum for both LLC members to give a Personal Guarantee, does this negate the personal property protection that our current business LLC gives us? Should we seek... Read more »

James Alan Greer
James Alan Greer answered on Nov 27, 2018

Dear LLC Lessee: It is standard practice for a Lessor to require a Personal Guarantee ("P.G.") from the Members of an LLC. The reasoning from a Lessor's standpoint includes the primary concern that an entity (an LLC, for example) can breach a Lease by simply winding down and... Read more »

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2 Answers | Asked in Estate Planning and Real Estate Law for Colorado on
Q: A family trust gave us funds to assist in the purchase of a home. After the purchase they filed a lien on the property?

The trust demanded a promissory note and deed be signed after the purchase of the home. They said to ignore the promissory note and not to worry about the details of the deed (which incorporated the note and referenced it)! We declined / refused as the details were not anything discussed, nor... Read more »

James Alan Greer
James Alan Greer answered on Oct 16, 2018

Dear Trust Borrower For Purchase of Real Estate: While I don't have the full understanding of you/Borrower understanding of the loan and the details therein, I have to offer this generalized advice: it is "usual" that a Lender of money for purchase of real property would want to... Read more »

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