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Questions Answered by James Alan Greer
1 Answer | Asked in Real Estate Law for California on
Q: Can I sell my house in California with unpermirred work

Want to sell my house because I am being harassed by city for unpermitted work

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

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 »

2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Paying off my parent's mortgage and putting the title under my name

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?

James Alan Greer
James Alan Greer answered on Sep 12, 2020

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 »

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2 Answers | Asked in Real Estate Law for California on
Q: Newly purchased house found to have broken/fallen foundation. During escrow I paid a foundation contractor for estimate

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 »

James Alan Greer
James Alan Greer answered on Sep 8, 2020

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 »

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2 Answers | Asked in Contracts and Construction Law for Colorado on
Q: Can a contractor charge me additional money after I paid the invoice in full?

A subcontractor "forgot" about additional charges over a week later and now the subcontractor is trying to charge me additional money.

I am the owner, and was told that the job was paid in full. Now, a week after, they are charging more money with no itemized bill.

James Alan Greer
James Alan Greer answered on Sep 1, 2020

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 »

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2 Answers | Asked in Real Estate Law for California on
Q: Selling hse as tare dwn

if I sell the house as a tear down and they don't tear down house can I get them for more money

James Alan Greer
James Alan Greer answered on Aug 30, 2020

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 »

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2 Answers | Asked in Real Estate Law for California on
Q: After buying my condo in September 2019, it seems that there are extensive repairs that need to be done to the property.

The home inspection was incomplete and my agent did not due her due diligence. What can I do?

James Alan Greer
James Alan Greer answered on Aug 27, 2020

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 »

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: I'm purchasing a property that requires owner occupancy, but property has 2 tenants with leases until next year.

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?

James Alan Greer
James Alan Greer answered on Aug 26, 2020

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 »

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1 Answer | Asked in Construction Law for California on
Q: Can I fight a law not allowing me to put a shade.

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?

James Alan Greer
James Alan Greer answered on Aug 26, 2020

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 »

1 Answer | Asked in Real Estate Law and Construction Law for Colorado on
Q: County wants us to get a permit for basement finish from 2006 which was two owners ago.

They tell me I need to pay 650 dollars to make our home legal. We have a coo.

James Alan Greer
James Alan Greer answered on Aug 26, 2020

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 »

1 Answer | Asked in Real Estate Law for Colorado on
Q: Iif a hot water pipe runs in the walls and in another unit, other. The than one it feeds, who is responsible? Hoa/owner

Pipe is leaking due to original install practices.

Outside of "unit" or "air space" of feeding unit.

Located in wet wall below the subfloor for my unit.

Discovered by downstairs unit during remodel.

Feeds my kitchen sink but pipe travels through... Read more »

James Alan Greer
James Alan Greer answered on Aug 26, 2020

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 »

3 Answers | Asked in Construction Law for California on
Q: Is a partial down payment enough to secure a job for a contractor?

Gave me 800 in cash...down payment was 7500

James Alan Greer
James Alan Greer answered on Aug 26, 2020

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 »

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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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