Questions Answered by Donald C Eby

Q: How can A company enforce a mutual binding arbitration agreement, If I was terminated two days prior to signing the form

1 Answer | Asked in Arbitration / Mediation Law and Civil Litigation for Colorado on
Answered on Jan 17, 2019
Donald C Eby's answer
If you have not agreed to an arbitration agreement the company will not be able to compel arbitration.

Q: Under § 38-12-103. Return of security deposit do they have to send certified mail if they are withholding??

1 Answer | Asked in Real Estate Law for Colorado on
Answered on Jan 16, 2019
Donald C Eby's answer
Certified Mail is not required by the statute. But, traceable mail is a good idea for a landlord.

Q: Does my mom have to sell my dad's estate after probate? He had 3 kids prior to marrying my mom & they then had 4 kids.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Colorado on
Answered on Jan 14, 2019
Donald C Eby's answer
It is not likely that a probate under these facts will result in a forced sale. But, if the estate is contentious, i.e. someone wants money, your Mother should hire an attorney to assist and defend her.

Q: Had an inspection & found out the water heater/furnace weren't new, when the listing said they were. Anything we can do?

2 Answers | Asked in Real Estate Law for Colorado on
Answered on Jan 9, 2019
Donald C Eby's answer
If you are using the CO Real Estate Commission Buy/Sell Agreement this form provides you the opportunity to renegotiate or terminate the contract based on the results of your inspection. If you are using a Broker he/she should be able to help you with this, if not you may want to consult an attorney to assist you.

Q: I am a visitor at an apartment complex and are demanding medical history to prove need for my service animal. Can they.?

2 Answers | Asked in Animal / Dog Law and Landlord - Tenant for Colorado on
Answered on Jan 7, 2019
Donald C Eby's answer
Basically - Yes they can.

The issue is not only that your dog is actually a service animal but you must also prove that you have a disability which the dog in some way alleviates.

Housing rules are slightly different from ADA rules which deals with public issues.

Q: My cousin is buying 2 homes in Puerto Rico I have my real estate license in Colorado Is there any way for me to get paid

1 Answer | Asked in Real Estate Law for Colorado on
Answered on Jan 6, 2019
Donald C Eby's answer
You may be able to work with a PR broker and get paid via a referral.

Q: Can our landlord give permission for anyone he wants to enjoy the land our house is on?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Jan 3, 2019
Donald C Eby's answer
You will need to review your lease, or have an attorney review your lease and advise you as to your rights in this issue. The primary question will be did you lease the entire 11 acres, if so the landlord has no right to use the land unless he carved our some rights in the lease; or did you only lease the house.

You certainly have the right to call the police if people (even the landlord) is trespassing on your property.

Q: Does Colorado Springs Colorado have only 1 "approved" contract used for buying and selling of real estate?

1 Answer | Asked in Real Estate Law for Colorado on
Answered on Dec 22, 2018
Donald C Eby's answer
You can use any contract that you want, but beware you are stuck with the language in the contract however good or bad it may be.

If the real estate is valuable I recommend contacting any attorney to assist you on a low flat rate for contract drafting.

Q: I own a powder coating company. A customer is claiming that a project I powder coated failed in the field.

1 Answer | Asked in Civil Litigation for Colorado on
Answered on Dec 19, 2018
Donald C Eby's answer
Hopefully, your contract limits your liability. Seems unlikely that your $300 job created $4,000 in damages. If you get sued you should contact and attorney to defend you.

Q: Is joint tenancy the same as right of survivorship and do quitclaims within the group change the conveyance upon death?

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Probate for Colorado on
Answered on Dec 16, 2018
Donald C Eby's answer
The chain of title will need to be examined to definitively answer your question.

There is a likelihood based our the facts stated that the Right of Survivorship remains valid.

Q: What can be done to force HOA to enforce covenant disallowing business to be run out of residence?

1 Answer | Asked in Real Estate Law for Colorado on
Answered on Dec 14, 2018
Donald C Eby's answer
Are you ready to bring suit against the HOA to demand it enforces the covenants?

Q: Retail Business Space Lease

5 Answers | Asked in Business Law and Real Estate Law for Colorado on
Answered on Nov 27, 2018
Donald C Eby's answer
The personal guarantee makes you personally liable for the debt, i.e. if the business fails the landlord can bring suit against the guarantors for payment of damages personally.

I always attempt to negotiate out personal guarantees. If the guarantee cannot be eliminated it may be reduced or restricted.

You should consider consulting with an attorney during this lease negotiation.

Q: Hot water heater broken, no hot water for 5 days, 24 apts. Can I deduct 5 days of rent as part of their 'failure'?

2 Answers | Asked in Landlord - Tenant for Colorado on
Answered on Nov 25, 2018
Donald C Eby's answer
Not likely, But you could perfect your Warranty of Habitability Defense if Landlord does not repair in a "reasonable" manner.

Q: Is there a way to compel someone whose name is on the title of a house to sell if the other three named owners have

1 Answer | Asked in Real Estate Law for Colorado on
Answered on Nov 19, 2018
Donald C Eby's answer
Yes - Partition Action. A court can order the property to be sold and the profits divided.

Q: I have a tenant that had a month to month lease. Gave 30 day notice and paid half months rent. let a friend move in.

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Nov 19, 2018
Donald C Eby's answer
If you have asked them to leave and they refuse the only legal process is to process a Judicial Eviction.

This starts with legally sufficient Notice.

Good Luck!

Q: Our company bid a job and now no longer has time to do it. No contract signed and contractor wants to sue for damages?

2 Answers | Asked in Business Law and Construction Law for Colorado on
Answered on Nov 19, 2018
Donald C Eby's answer
It is possible. But, the issue will be how strong is the contract (even verbal) and can the Plaintiff prove his/her case. If you get served with a lawsuit you should take it seriously and consider hiring an attorney to defend you and possibly bring counterclaims.

Good Luck!

Q: Rentor is breaking the lease because she now wants a dog and Is calling it a service dog. What do I owe her as Landlord?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Nov 17, 2018
Donald C Eby's answer
This is probably more complicated than you think and you should consult an attorney regarding the specifics of the situation.

The tenant does not have the right to terminate the lease based on the need for a service dog.

A landlord cannot refuse as service animal because of a no pet policy.

Tenant needs to process a reasonable accommodation request.

Q: My contegency fee attorney is asking me to pay $20,000 to her. I signed a contengency fee contract.

2 Answers | Asked in Civil Litigation for Colorado on
Answered on Nov 16, 2018
Donald C Eby's answer
Have you already signed with this attorney?

Q: Returned from deployment and want to move back into my house that is currently rented out. Can I legally move back in?

3 Answers | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Answered on Nov 11, 2018
Donald C Eby's answer
Unfortunately, you are bound to the lease. But, can inspect the condition of the home and then enforce the lease strictly. When you inspect you are likely to find violations of the lease which you can then demand compliance or possession. Otherwise you may be able to entice the tenants out, this means paying them obtain their agreement to terminate the lease early.

Good luck!

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