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Questions Answered by Donald C Eby
1 Answer | Asked in Real Estate Law for Colorado on
Q: Colorado real estate contract. Timely terminated after inspection. Can attorney demand forfeit of earnest money?

We went under contract to buy a colorado house and paid $65,000 earnest money. Contract gave date of may 24th for inspection termination. We viewed the property on the 14th may, it was in terrible condition, much worse than we were led to believe. We immediately terminated the contract and... Read more »

Donald C Eby
Donald C Eby answered on May 26, 2021

You have a lot of money at risk here. Unfortunately, the answers to your question and your legal rights WRT demanding the return of your earnest money is dependant upon the specific language in the Buy/Sell Agreement the language you used in your termination. If you used the Colo Real Estate Div... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Colorado on
Q: My Ex husband have signed my signatures on Quit Claim Deed of our marital property with out my permission.

He prepared a fake quit claim deed and take my name off actually the property was on the name of 3 individual owner's. After signing deed he got notarized fraudulently. Notary has notarized deed with out my physical presence. Means there is also a froud comit by notary Public.

County... Read more »

Donald C Eby
Donald C Eby answered on May 4, 2021

You are on the right path, you likely have claim against both your X and the notary.

You can schedule a consultation online 24/7 by going to go.oncehub.com/rhbooknow or calling us at 303-688-0944. At your free case assessment we'll discuss the facts, your proof, options, rights, risks,...
Read more »

1 Answer | Asked in Business Law, Civil Litigation, Construction Law and Small Claims for Colorado on
Q: If a vendor/contractor damaged my property, can I claim against the person who hired the vendor?

I'm a commercial tenant in a mall struggling to open a small business in the midst of this pandemic. A neighboring shop owner in the mall hired or asked a vendor/contractor to remove some equipment from her shop and he took a piece of my equipment valued at $1,300. When he returned it, it was... Read more »

Donald C Eby
Donald C Eby answered on Apr 25, 2021

You should file that small claims action to force this to a conclusion more quickly.

1 Answer | Asked in Real Estate Law and Elder Law for Colorado on
Q: can the courts force the sale of a multigenerational home held in joint tenancy upon demand by one of the four owners?

Mother in law has retained an attorney who is threatening court ordered forced sale under CRS 38-28-101. @ closing, she signed an affidavit stating she would not require repayment in part or in whole for the assistance with the down payment on 12-07-2016. Since the closing, she has moved in 2X and... Read more »

Donald C Eby
Donald C Eby answered on Apr 25, 2021

Is it possible for a 1/4th owner to force the sale of the property. In general, yes. But, you and the other partners may have defenses. You should contact an attorney to discuss the facts in detail and to potentially have an attorney respond to the attorney demand letter showing that you do not... Read more »

1 Answer | Asked in Civil Litigation for Colorado on
Q: can you offer me a a defense for statue of limitations in my civil case complaint of unjust enrichment?

the defendant answered my complaint and argued that the i didnt have a claim due to statue of limitations. in my response, i want to argue that althought time has passed, i just found out

Donald C Eby
Donald C Eby answered on Apr 19, 2021

You may have a viable defense to the Statute of Limitations defense. In some types of claims the Statute of Limitations does not begin to run until the damaged party (you) has notice of the defect. This will get very technical very fast. I recommend you contact an attorney to discuss your claims... Read more »

1 Answer | Asked in Civil Litigation for Colorado on
Q: How much latitude does a judge have in denver district court, civil litigation of unjust enrichment?

defendants attorney filed response that included the defense of statue of limitations.

Donald C Eby
Donald C Eby answered on Apr 19, 2021

The issue here is does the Opposing Party have a legitimate defense and claim that the case is barred as a result of the Statute of Limitations. You will likely need to respond to this assertion. You are in Dist Court, if you are serious about your case you should consider having an attorney... Read more »

1 Answer | Asked in Construction Law for Colorado on
Q: Can we sue a builder for not repairing siding that was not installed right if so what kind of lawyer do I need to get

We had a home built and finished in July of 2019 and when we moved in we talked to the builder a bout this and they sent a rep from the siding company and they said it needed to be replaced due to not being installed the right way. Well the builder keeps sending people out to look at it but nothing... Read more »

Donald C Eby
Donald C Eby answered on Mar 19, 2021

If your builder is failing to perform the warranty work then you will need to bring a lawsuit to protect your investment. This will be a construction defect type of suit. I recommend contacting an attorney familiar with suing builders under the Construction Defect Act as it is a somewhat... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: Accord and satisfaction of an easement agreement.

We have an easement agreement for $10.00, which included crop damages and repurposing of soil. This was signed in 2018.

The check has no specific language on it. However, a letter sent with the check was subsequently sent for $30000 and language in the letter states, " this is for... Read more »

Donald C Eby
Donald C Eby answered on Mar 15, 2021

Sue you have a lot of good questions and a lot at risk. The short answer is yes cashing the check could put you at risk. But, I certainly do not know all of the facts as related to you issue. So, I recommend that you contact an attorney to have a discuss so that you can fully understand your... Read more »

1 Answer | Asked in Contracts, Family Law, Real Estate Law and Civil Rights for Colorado on
Q: What can I do to be able to install a more suitable fence for my special needs child? When HOA has fence regulations.

I am purchasing my first home, after signing the purchase agreement we were told that HOA only allows a 4 ft fence. The fence is pretty climb-able and open so I was told we could add chicken wire. This still would not work for us because my 5 yr old special needs child is autistic/wanderer and can... Read more »

Donald C Eby
Donald C Eby answered on Mar 6, 2021

You may want to make a "reasonable accommodation" request to your HOA, if this is denied you'll need to get an attorney involved.

1 Answer | Asked in Real Estate Law for Colorado on
Q: How to remove a lis pendens for my property in Colorado?

My x sued me for a dissolution of marriage claiming common law marriage. I filed a motion to dismiss and I won the ruling was that there was no marriage. Now there is a Lis Pendens against my property that my x's lawyer had put there while the case was going on. I am trying to re-finance and... Read more »

Donald C Eby
Donald C Eby answered on Feb 26, 2021

No a Lis Pendens does not automatically fall off. You may have to sue in Quiet Title to get this resolved.

2 Answers | Asked in Real Estate Law for Colorado on
Q: How do I find out if my brother's estate went through probate in Alabama and if property we owned jointly was included?

My siblings and I own property in Colorado together with our now deceased brother. However, we don't know if our brother's wife and/or children still have rights to the property. We'd like to get our brother off of the deed. How can we tell if it went through probate already as... Read more »

Donald C Eby
Donald C Eby answered on Feb 24, 2021

The Colo Property would need to be probated separately in Colo.

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1 Answer | Asked in Construction Law, Contracts and Employment Law for Colorado on
Q: Construction contract has been breached by made up unreasonable claim that job wasn’t done right what are my options

Homeowner is refusing to pay the labor contract for the completed basement. Double standard on only agreeing to pay labor amount for contract limiting profitable margins and now has a livable space that’s worth around 120k. Contract breach amount is 12k and I’m wondering if I can sue for... Read more »

Donald C Eby
Donald C Eby answered on Feb 17, 2021

You have a right to get paid for the work you did and to enforce your contract. Have you considered recording a mechanic's lien?

1 Answer | Asked in Real Estate Law for Colorado on
Q: What remedies are available for an owner of a land locked parcel who would like to gain vehicle access to the property?

I am interested in purchasing a patented mining claim. The seller has obtained a right-of-way easement from the NFS but it adjoins another private parcel. The seller has been unable to obtain a right-of-way easement from the adjoining private property owner due to lack of response. Can the... Read more »

Donald C Eby
Donald C Eby answered on Jan 30, 2021

Can the existing easement be modified? Maybe.

Can adjoining property owners be forced to allow and ingress/egress easement? Maybe.

Certainly a landowner has the right to have access to his property. However, gaining that access can be a complicated legal process if the adjoining...
Read more »

1 Answer | Asked in Construction Law and Contracts for Colorado on
Q: Signed a contract with the homeowner for a remodel. He hired an unlicensed plumber to finish the job & refuses to pay

Our contract was to rough in and finish plumbing for 2 1/2 baths, kitchen and laundry room. Terms were 50% due at start, 30% due after rough-in inspection and 20% due on completion. The homeowner hired an unlicensed plumber to finish the plumbing draw on the home, and the county passed the... Read more »

Donald C Eby
Donald C Eby answered on Jan 12, 2021

The real question is are you going to allow this homeowner to breach your contract without consequences? You have a contract, you have the right to enforce the terms of that contract and your expectations of profit therein.

2 Answers | Asked in Animal / Dog Law and Civil Litigation for Colorado on
Q: I legally purchased a dog from an animal shelter a year ago. The previous owner somehow got my personal information fro

from the animal shelter, name, phone, address, etc., and has called me wanting the dog back. I clearly said no. He claims his ex wife gave the dog away to the shelter and he didn’t find out until 4 months later. He has since sued me and the animal shelter for custody of the dog. The dog is... Read more »

Donald C Eby
Donald C Eby answered on Jan 2, 2021

You will definitely need to defend yourself in the Court action and prove ownership. WRT your safety I recommend considering a Protective Order. You should contact an attorney to discuss this matter in more detail so that the specific facts of our case can be reviewed and you can receive detailed... Read more »

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1 Answer | Asked in Civil Litigation and Small Claims for Colorado on
Q: My nieghbor filed a District civil summons on me to cut my tree down that's in my yard. What can I do about it?

She wants the tree cut because she is scared to sleep in her bedroom because she says my tree will fall on her bedroom. She has aggervated health issues from this tree, and she cant enjoy her yard because of this tree and she has increased anxiety and stress over this tree.

My tree is not... Read more »

Donald C Eby
Donald C Eby answered on Dec 22, 2020

Your neighbor is a nightmare and she is now suing you! You definitely need to engage an attorney to defend you and your property in the lawsuit and potentially assert counterclaims against her.

Contact an attorney who has litigation experience. Most will offer a free initial...
Read more »

2 Answers | Asked in Real Estate Law, Agricultural Law, Land Use & Zoning and Landlord - Tenant for Colorado on
Q: What should I do to stop them & keep them from continuing to use my land/barn? What do I do about the solar panels?

I live out of state, it appears my neighbor has installed solar panels on my property & are using & making improvements to my barn.

Donald C Eby
Donald C Eby answered on Nov 30, 2020

It is nice of your neighbor to make valuable improvements to your property! But, I suspect that your neighbor does not see it that way. I suspect that you'll need to bring a lawsuit to enforce your rights. But, you could start by calling the police to make a trespassing claim or have an... Read more »

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1 Answer | Asked in Construction Law and Contracts for Colorado on
Q: Signed contract summer 2019 for home work to be done in 20 days. Can I cancel?

Seen no one since Feb 2020. Paid 75% of contract which is more than itemized completion. Contractor is working on new jobs. He doesn’t contact back when I text or call. I just want to hire someone to complete our house.

Donald C Eby
Donald C Eby answered on Nov 25, 2020

Likely, yes you have a basis to claim that the contractor has breached the contract and demand a return of your payment and damages.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Construction Law for Colorado on
Q: Contract/money exchanged for a remodel project with ho-owner in Early September. HO wants to now cancel and get refd

Time and material cost and possible of it changing was made clear from the start. Order was delayed and arrived wrong (this last monday). Lumber company was willing to except fault for mistake and meet us half way on materials cost increase. Homeowner eminently cancels and whole project and demands... Read more »

Donald C Eby
Donald C Eby answered on Nov 22, 2020

You ask a lot of great questions. I suspect that you do not owe a full refund and I question the homeowners right to cancel. But, the answers to these questions are found in your contract. I recommend you bring your contract to an attorney to have it reviewed along with your facts and expenses.... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: If you are are partial owner on a property title, can you be sued for the full equity in the property?

My mother in law needs to be a partial owner to occupy a condo I own. She got in a car accident 1 1/2 years ago and the claim has not been closed. I am worried about putting her on the title (even at 1% ownership) with the claim still pending.

Donald C Eby
Donald C Eby answered on Nov 16, 2020

You should be concerned. If she is an owner. This creates an asset from which the creditor from the car accident could levy to force payment of the debt. It is a lot more complicated than that, but you should consult an attorney before simply filing a Quit Claim Deed to add anyone to title to... Read more »

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