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Questions Answered by Donald C Eby

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 »

Donald C Eby answered on Sep 6, 2019

Your rights are completely dependant upon your contract.

I recommend contacting an attorney to review your contract and discuss your rights, remedies, options, etc. That attorney may also send the Contractor a Demand Letter which may prove to be just the motivation you need.

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1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Can a Colorado landlord refuse late rent if it doesn’t include late fees?

Tenant has been served with a 10 day notice for late rent. Tenant wants to pay rent 6 days late but refuses to pay the late fees that are in the lease. Can the landlord refuse the payment and proceed with the eviction process after the 10 days have passed.

Donald C Eby answered on Sep 6, 2019

Tenant must pay the amount that is listed in the 10-Day Notice.

You can accept the payment then immediately deliver a new notice for the remaining rent.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: How to integrate the Colorado exemption of 5 day notice into current lease that was in effect prior to the law change?

Colorado new law change from 3 day notice to 10 day notice with exemption for landlords owning less than 5 properties who can give a 5 day notice. How do you integrate this into a lease that was already in effect prior to the law change?

Donald C Eby answered on Sep 6, 2019

The new Law requires some specific language in your lease in order to trigger the small landlord exception. It is unlikely that your old lease contains this language. You'll need to update the lease to incorporate the language at the next renewal or by asking the tenant to sign an addendum to the... Read more »

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

Donald C Eby answered on Sep 4, 2019

No the Seller is not obligated to accept or respond.

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2 Answers | Asked in Real Estate Law for Colorado on

Q: The loan termination deadline was today. I've been asked by buyer to sign an addendum changing it to 9/5.

As a seller with cold feet can I use this to somehow to get out of the home purchase contract unscathed? Here is the relevant text:"New Loan Review. If Buyer is to pay all or part of the Purchase Price with a New Loan, this Contract is conditional upon Buyer determining, in Buyer’s sole... Read more »

Donald C Eby answered on Sep 4, 2019

A Seller has no duty to agree to an extension of the closing date. Often, Sellers who wish to force the buyer into breach refuse to agree to extensions, especially when the Buyer offers no incentive for the Seller to agree.

Good Luck!

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1 Answer | Asked in Real Estate Law for Colorado on

Q: As a joint tenant on a deed for a home, am I obligated to provide an account of the proceeds from the sale of that home?

My brother and I have been joint tenants on the title to my mom's home for years. She died and we sold the house. Are we obligated to provide the requested accounting to the rest of our siblings who are wanting more money. My mom's will asked that the home be sold and the money split between us... Read more »

Donald C Eby answered on Sep 3, 2019

Are you the Personal Representative for Mom's Estate? Is the home that was sold an asset of the estate? If the answer to those questions is Yes and Yes, then you have an obligation to provide an accounting.

It sounds like this could be messy and I recommend that you contact an attorney to...
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1 Answer | Asked in Real Estate Law for Colorado on

Q: In Colorado how many days are allowed for a prospective buyer to back out of a RE contract and change their mind.

In Wisconsin it used to be 3. We heard 10 in Colorado. Now someone said 25 days???

Who gets the earnest money? Is it legal for the Broker to take half?

Donald C Eby answered on Sep 2, 2019

Once the contract is signed the contract is binding, i.e. there is no 3 day right of rescission.

However, the Colo Real Estate Commission's form contract is very buyer friendly and provides several opportunities for the Buyer to terminate the contact, at Buyer's sole subjective discretion,...
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1 Answer | Asked in Real Estate Law for Colorado on

Q: Can a voluntary lien signed by property owner serve me as a gurantee because owner of property owes me money .

The owner of the land owes me large sum of money and he is willing to sign voluntary lien to satisfy his debt to me. Can an attorney be retained to help me with this situation? The land is paid in full has no mortgage.

Donald C Eby answered on Sep 2, 2019

Yes, an attorney can help you to draft and record this lien.

I recommend that you get an attorney to help you if this is how you wish to secure your loan.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Can a landlord refuse a service dog in training

Our landlord has told us that we are not allowed to have another animal (even though it says animals are permitted on the lease). Is a landlord allowed to refuse a will be service dog, especially if I plan on training it immediately?

Donald C Eby answered on Sep 1, 2019

The first step in getting your Landlord to accept your Service Dog is to make a formal (written) Reasonable Accommodation Request.

But, you should read the rules first, because what you describe is unlikely to create a successful Reasonable Accommodation.

1 Answer | Asked in Real Estate Law for Colorado on

Q: As the seller can i back out of the contract ten days before closing if I pay the agent and buyer for their expenses?

Buyer is FHA. The contract does not allow me to back out this late - I guess I need to know the odds that they'd really sue me for specific performance.

Donald C Eby answered on Sep 1, 2019

Do you have a legal right to terminate the contract? Not likely.

But, if you pay the Buyer's expenses you may reduce the likelihood that he will sue you for his damages.

Unless you have a contractual right to terminate, you should attempt to negotiate a mutual termination.

1 Answer | Asked in Real Estate Law for Colorado on

Q: What are the risks of doing a "subject to" sale of my house to a real estate investor group?

I own a home and am currently making all my payments on time. My goal has been to remodel it and sell it. I have since found I do not have the time to do so. I found a real estate investment group whom are interested in doing a "subject to" agreement to take over payments, fix it up, and then... Read more »

Donald C Eby answered on Aug 31, 2019

You should contact and attorney to review the proposed contract with you before you sign it.

Generally, a Subject Too deal means that you sell the property (they own it) but they don't replace your mortgage so the mortgage stays in your name. The Seller essentially carries all of the risk...
Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Can Landlord remove and dispose of personal property when lease is current?

Garage space included in lease. Landlord "lost paperwork" and rented the garage unit to someone else. Threw out all my personal belongings. They did not notify until a week later after everything was thrown away. Do I have a case?

Donald C Eby answered on Aug 27, 2019

If you leased the garage and the LL disposed of your personal possessions he will likely be liable for your damages. You should create an inventory list and indicate the value of each item then contact and attorney to assist you.

1 Answer | Asked in Real Estate Law for Colorado on

Q: A realtor is refusing to sign the release of money in earnest a title company is holding after we decided not to buy.

The total dollar amount is $8,000.00.

My home inspector came back with a list of problems. I asked the buyer to remedy the problems or reduce the price, so I could take care of them. The owner claimed the home inspector was wrong and refused to correct the problems. I told him that I... Read more »

Donald C Eby answered on Aug 26, 2019

The Colo Real Estate Commission Form Contract requires the parties to initiate mediation to resolve disputes such as this.

You can call the Colorado Assoc of REALTORS and ask for a list of mediators from which you and the seller can select a mediator which is agreeable to both of you....
Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: If i remove my name from a lease, am i still financially responsible?

Im going through a divorce. I have a lease which my wife and i have . Can i remove my name from the lease, and not be financially responsible for it?

Donald C Eby answered on Aug 26, 2019

The question is, can you get your landlord to release you from the lease? If the answer is yes, then you would have no further financial liability.

1 Answer | Asked in Real Estate Law for Colorado on

Q: land in colorado and the original land owner will not grant them easement therefore it is usele

Donald C Eby answered on Aug 24, 2019

If your property is landlocked you should contact an attorney to help you force the granting of an access easement.

1 Answer | Asked in Real Estate Law for Colorado on

Q: former PM let tenant do much damage. Can my new PM sue the former tenant?t

Donald C Eby answered on Aug 20, 2019

Your Property Manager cannot represent you in Court. But, you could bring the case against your former tenant. Or you can hire an attorney to bring that case.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Initial lease had 2 individuals on it. One party wants to exit the lease agreement and both parties are in agreement.

However, the landlord will not change the lease. Can tenants compel the landlord to update the lease by dissolving the original agreement and creating a new lease with only one of the existing tenants?

The tenants are offering to pay for the inconvenience.

Donald C Eby answered on Aug 18, 2019

You can ask and you can entice. But, you cannot force a LL to terminate the lease early and enter into a new lease.

The contract is for the protection of both parties against one of the parties who does not wish to preform.

The lease does not create an obligation on all tenants...
Read more »

1 Answer | Asked in Real Estate Law and Civil Rights for Colorado on

Q: My homeowner's association has posted signage prohibiting open carry in the building I live at.

They have cited CO Rev Stat § 29-11.7-104 (2016) at bottom of signage as their authority to so prohibit said activity. Can they legally do this? As I read the statute it says a local government can enact ordinance, the homeowners association however is not "local government". Can I sue them for... Read more »

Donald C Eby answered on Aug 17, 2019

A lawsuit it one option. Another is to have an attorney draft a letter on your behalf outlining the issue and why the HOA will ultimately lose the lawsuit if your are forced to file it. This letter would likely be a faster and less costly method to achieve the desired result.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: If your landlord is terminating your lease prior rental is that okay?

She found out that I had 3 day notices sent to me at my prior rental now I am being told to leave or she will evict me, the lease is already signed

Donald C Eby answered on Aug 9, 2019

If you have not breached the current lease you have a strong defense to an eviction if LL attempts to have you evicted by the Court system.

I recommend that you retain an attorney to assist you if you receive a Summons and Complaint from your Landlord.

1 Answer | Asked in Land Use & Zoning for Colorado on

Q: Can a city in Colorado install a Acqueduct that sends water over privately owned land and not into the city drain?

The city said it has always been that way.

Donald C Eby answered on Aug 9, 2019

You may have a "Takings" claim against the city.

I recommend that you contact a Land Use Attorney to review the facts, your rights, remedies, and process.

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