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answered on Mar 26, 2020
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To maintain proper function of this water system, the tank needs to be kept with a adequate amount of water in it. The water pump will pressurize the system as long as there is water. If water runs out, the pump will run dry until it overheats and breaks. The water pump system was verbally... View More 
answered on Mar 26, 2020
You have a good argument, but you will likely also have the burden of proof and the Tenant may deny that they let the water reservoir run dry. You'll have to prove that the failure was caused by an overheat condition which could only occur if the reservoir was dry. This is beyond normal wear... View More
HOA wants to know if CC&R can state that HOA has the right to spray individual owner's property for noxious weeds, or does HOA needs approval from each individual owner to do so?
answered on Mar 22, 2020
This is dependent upon the specific language in the Covenants. Generally, an HOA would have the right to demand the owner spray and to enter and spray if the owner fails or refuses and to fine owner and assess costs to owner. But, you should get a specific reading of your documents before you... View More
a letter was drawn up but not given to me for a monetary offer. The person has decided to lower their offer. I have seen said letter
answered on Mar 17, 2020
The offeror can change or rescind his offer until that offer is accepted and becomes an agreement.
We are still interested in the house but are willing to cancel with a loss if need be.
answered on Mar 17, 2020
Can you postpone the closing without penalty? If you can get the Seller to agree to an extension, yes. However, if Seller will not agree then you can refuse to close and will likely suffer the loss of your earnest money and any other penalties which the contract contemplated.
You may want... View More
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.
answered on Mar 15, 2020
A buyer can terminate....but that does not mean that you have to agree to release the earnest money back to them.
I purchased land on October 29th, 2018 and on the memo line I wrote "purchase of 40 acres balance approximately 41,000". The total price was 121,000.00 and I put 80,000.00 down and rest to be paid at closing. Seller hears that I have an enormous offer and begins figuring a way to... View More
answered on Mar 1, 2020
Is it good enough? It is certainly better than nothing. It is likely that the check along with testimony will be sufficient to prevail. You have an an issue that all contracts for the purchase and sell of real estate in CO must be in writing, as such if the opposing smells a big profit you need... View More
answered on Feb 19, 2020
Review the Colo Security Deposit Act...This provides an means for tenants to recover wrongfully withheld security deposit money and if the LL forces the matter to court and loses the damages may be tripled plus attorney fees.
There is an area behind four homes in our area that is a very steep, collapsing hill. The home buyers understood from a design plan that the developer would build retaining walls to prevent the hills collapse. Our builder is now saying it is the responsibility of the HOA - not him
answered on Feb 10, 2020
Who owns and is thus responsible for the retaining wall? Generally, a builder initially owns all common areas, but at some point in the development process the developer assigns ownership of the common areas to the HOA. After this assignment the HOA owns the common areas/walls and is responsible... View More
Does the person wanting to keep the house buy out the others with property value or equity in it
answered on Feb 7, 2020
Certainly one co-owner can buyout the other owners, assuming that you can negotiate a purchase price that is acceptable to all.
A tenant signed an agreement then inspected a college apartment that already housed several other college aged men. He found the residence to be gross and refused to move in/take possession. Can he do this? What happens to his security deposit? Is he responsible for future rent if he never took... View More
answered on Feb 6, 2020
A lease agreement is not unilaterally terminable by one party and does not require a tenant to take possession to be enforceable.
If you are the landlord you need to handle the Sec Dep per the Colo Sec. Dep Act to prevent 3x damages.
If you are the tenant you should consider the... View More
We obtained a judgement in our favor for damages and unpaid rent against former tenants. They were married when they moved in but separated around the time they moved out and are now living in different towns. To collect the money owed do we serve the judgement papers to both and split the amount... View More
answered on Jan 21, 2020
You have a judgment that is the obligation of both parties. You can pursue both until the full judgment is satisfied, you have no duty to split the judgment between the two parties.
Lived here almost 7 yrs,have made *several requests for repairs via email,maintenance portal,txt mssgs.the roof leaks,is deteriorating,&has black mold.paying for 5bdrm but cant utilize upstairs rooms.Also,has no heating upstairs.Heating vents blow inbetween walls&floors cause there's... View More
answered on Jan 20, 2020
You should review the Colorado Warranty of Habitability. The legislature significantly strengthened this last year to provide assistance to tenants.
This is a fairly technical issue so I recommend contacting an attorney to discuss your rights, remedies, and risks before withholding rent.
I let a 17 year old move in because I was told his father kicked him out because he is gay. I found out he just left because he does not get along with his father. Can I kick him out immediately even though he has recieved mail here and my roommate doesn't care if he is here? We rent but I pay... View More
answered on Jan 20, 2020
You can ask your tenant to leave or even entice him to move-out. But, if that fails, you'll need to proceed via the judicial eviction process which begins with legally enforceable notice. If you are unfamiliar I recommend that you contact an attorney to at least guide you through the process... View More
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... View More
answered on Jan 19, 2020
Hopefully, you have some of these communication and agreements documented. You'll need to protest the probate of sister's estate RE the ownership of the Condo.
This could get complicated and require multiple appearances in CO, as such it is advisable that you obtain CO legal... View More
If I loaned $6000. for a down payment on our house in 2013, is it too late to collect? We lived together for several years and recently been going through child custody proceedings. We were never married. He refuses to pay what is owed. Please help
Thank you
answered on Jan 17, 2020
Assuming you can prove that the $6,000 was a loan and the terms of the loan have been breached, you can obtain a judgement.
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?
answered on Jan 17, 2020
Yes, you can bring a suit against seller to enforce your contract, it is called specific performance. If you are unfamiliar you may want to contact an attorney to assist you.
Landlord informs us they're installing new tile in the kitchen and we agree to do it while we're out of town. Contractors partially flood kitchen and basement removing the dishwasher. Water isn't turned off and leaks for two days before community mechanic fixes it. Mechanic says... View More
answered on Jan 4, 2020
Your Landlord and the Landlord's contractor are likely responsible to you for the damages that they caused to your personal property. You may want to consider having a lawyer send a demand letter or initiate a lawsuit.
We rented our basement to a couple on 12-12-19 and they put a deposit down to hold the room til the first when they would move in. They signed a lease for a year on the 17th of December and on the 30th they called and said they changed their minds and wanted their deposit back. I am taking a loss... View More
answered on Dec 31, 2019
The tenant signed a lease which creates a financial obligation on that tenant. He or she does not have the unilateral right to terminate that lease. Whether or not the tenant moves in is his choice whether or not you choose to enforce your right to get paid until you find a new tenant is your... View More
Most of the money is owed to a lumber store.
Can creditors still pursue us after the lien period is done or would they then be required to pursue the builder who actually owes the funds and used out money to pay other debts?
answered on Dec 13, 2019
Do you have a contract?
Did your builder sign lien releases when you paid him?
Has the lumber supplier send a notice of intent to lien?
This issue is very common. We need to put pressure on builder to make payment to the lumber supplier in order to prevent you from suing... View More
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