How to we have lien removed? It appears that only contractors, etc are able to use mechanics' liens (which this is not) and any other valid liens must be ordered/approved by the court prior to being filed (this is not the case here either).
Dear Liened Property Owner: In order for a lien to be "properly" recorded onto the title of your property it must either have been: (1) from a supplier of construction labor, services, materials; (2) a judgment creditor; or (3) a lender. The lien itself will describe the claimant...Read more »
The pipes were drained after the inspection to keep from freezing. However, the listing agent turned the water back on before closing. If the pipes freeze and burst before we close, who is responsible for the cost of fixing that?
Dear Frozen Pipes Seller: the rule of law in Colorado Real estate sales contract is that the SELLER (and the Seller's insurance carrier) is responsible for all property damages occurring at the subject property until the moment of "closing" (or, the moment the title is transferred to Buyer).
We are six months into a two-year lease. Found out tenant has her daughter living there. No notice given. Lease states occupancy "...no more than two adults without prior written permission from Lessor." Technically is my tenant in breach of the lease?
Dear Landlord With Potential Breaching Tenant: An occupancy limit can be a valid condition to a Lease Agreement and if your current tenant has concealed the fact that they exceeded the occupancy then they are technically in Breach of Lease (more than two tenants, including one minor). Of...Read more »
Dear Girlfriend Needs Clear Title: Your options are to achieve ex-boyfriend's voluntary transfer, or else you'll be forced to file an action in District Court. If through voluntary means: present a recordable Quitclaim Deed for him to sign before a Notary and then record the Quitclaim...Read more »
There is an old post fence that I would like to replace with a privacy fence between my backyard and a portion of my neighbors front yard. It would be a property line fence. Does Colorado Title 35 article 46 section 112 require my neighbor to share in the cost burden of such a project? Or would... Read more »
Dear Fence Line Property owner: The section you cite is pertinent to "agricultural or grazing lands". While you didn't make a distinction in your question, the legal authority supports your desires only if you are speaking about agricultural land. Here is the citation:...Read more »
Dear Prospective Land Purchaser: I can almost always offer an educated opinion even if I have to impute some information in order to supply a response to our fine Justica clientele. This one - it has too many complex nuances for any attorney to SAFELY supply a response. I'll offer this:...Read more »
Dear Mechanic’s Lien Defendant: in reply to inquiring about the type of attorney, you should employ an attorney whom has experience in your local jurisdiction in construction litigation, more specifically one whom understands the nuances of filing a “Petition For Release Of Mechanic’s...Read more »
I just built a modular home on my property. I want to know if I should hold out on final payment until all "issues" are satisfied i.e. things that don't work not finished to my approval etc. They expect full payment upon my moving in but what leverage do I have to get things done?... Read more »
Newly Constructed Homeowner: The answers to your questions, for the most part, will depend on the contents of your Construction Contract with the contractor/installer. Your questions about "disputing the costs of tradespersons / materials" imply that you did not have a Fixed Fee...Read more »
It was dropped off on 4/8 and trackinf shows it cashed 4/10. He did not contact us until 4/15 to claim he did not get it. He is demanding a late fee and a double payment on the next due date. He also is requesting we revise our original agreement. He has not specified the changes he wants.... Read more »
Dear Potential Eviction Client: While I endorse the efforts you are making to show the Owner that the Owner endorsed the payment, in the meantime if you are able to afford it I would strongly recommend you go ahead and expedite making the payment that is being demanded (a second time, in your...Read more »
They have moved to Powell Wy but keep the mountain house. They asked if we want to be co-owners with them and maintain the place as co-owners. The mountain house is paid for so we would pay them 1/2 the amount of an agreed price with an option to purchase the remaining 1/2 at a later time. How do... Read more »
Dear Mountain Property Purchaser: My recommendation would be to enter into a basic and straightforward Purchase Agreement With Option, whereby you pay the 1/2 purchase price in consideration of the receipt of a Quitclaim Deed for 1/2 of the title. Best practices would be to obtain Title Insurance...Read more »
Boulder Townhouse / Condo Owner: The analysis of your question may require more information as I am reading what appears to be conflicting terminology. However, I'll make an effort to assist, while qualifying my answer. If you "own" the title to your unit, then indeed you have a...Read more »
What is actually at risk in a lawsuit scenaria with a rental property LLC? Is there any difference if the property remains in the property owners name or the name (deed re-titled) of the LLC? Thank you
We are afraid that the city could forcefully take the home from us. We are not allowed to live in it because of the problems; but are finding it difficult coming up with the finances to get the issues resolved. We are one step away from becoming homeless.
Dear Colorado Springs Code Violations: In order to assist, I need to make clear that while it is accurate that a Municipal Governing Body (you mention "city") has the jurisdiction to warn, issue violations, and sanction a property (you'll know when this happens as you will be served...Read more »
Dear Partial Owner Real Estate Issue: An attorney would need more information to properly respond. However, generally speaking if you're inquiring about an LLC and if that LLC has a "majority vote" mechanism to authorize the sale of real property held by the LLC, then this is the...Read more »
Dear Colorado Rental Property Owner: there is nothing precluding the placing of multiple property titles in the same Colorado LLC, but there are several cautionary "tales": (1) a lender will not supply the owner with mortgage loan on the fifth property inside the same LLC - in other...Read more »
Dear Colorado Condo Purchaser: You've asked if your Seller "needs to pay for assessment for issues that occurred [while the Seller owned the condo unit] in 2017". There is a two-step process to answer the query. First: insofar as the Seller of a condo is required to supply you...Read more »
Dear New House Buyer: Answering a question about "risk" requires a more detailed, full, set of facts upon which you are inquiring. For example, I am unclear what you understand the words "offer" and "deliver". Let's start with "Offer" - if you mean...Read more »
Dear Purchaser of FSBO Residential Property: In order to competently (and safely) get through a purchase transaction with a Seller whom is representing themselves (no Agent/Broker) you should be advised to make sure the following minimal steps are taken: (1) a formal Purchase Contract (in your...Read more »
We bought vacant undeveloped land in teller county CO I signed a purchase agreement with the seller however did NOT sign the contract they sent that needed to be notorized. After reviewing the contract I do not agree with some of the terms now the seller wants to keep my $10000 down payment. I... Read more »
Dear Land Contract Inquiry: In order to be binding, a Land Contract does not have to be notarized in the strictest sense. While it is "best practices" to have signature notarized the lack of notarized signature only tests the issue "were the signatures authentic". In other...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.