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My buyer has cash but wants to use a land trust company to purchase. Can this work?
answered on Nov 19, 2019
If you have purchased the home, then yes, you can sell it. But, your question seems to indicate that your seller has never delivered title to you. In order to sell you'll need to deliver title to the buyer. Hopefully, your seller will cooperate.
Land is not collateral
answered on Nov 10, 2019
No - It is not likely that you pledged real estate as collateral to obtain a credit card. However, if you have debt issues, I recommend that you contact a Bankruptcy attorney, you may be surprised how much BK can do for you.
Married couple rented my home in 2014, they have recently separated and he moved out. She wants to remain but is requesting a new lease with him left off. They renewed their lease in 2017 but are currently living month to month after that lease expired in 2018. I want to ensure he can't come... View More 
answered on Nov 5, 2019
Yes you can. Just properly terminate the current Month to Month before creating a new lease with only one party moving forward.
Contract stated 25% fee every week for non payment. The original invoice was in dispute, and after 7 days they charged me $1022 in interest on an invoice of $4088. I believe in Colorado the ursury limit is 45% per annum. Does ursury limits apply in this case, or is it just consumer loans (money... View More
answered on Nov 2, 2019
Usury does apply to late fees in lease agreements.
You may want to get an attorney to help you in dealing with this party. A demand letter from an attorney could help to convince the opposing party that this will not work out well for him/her.
answered on Nov 1, 2019
No but yes. Builders are not required to offer any warranty. But, a owner may bring suit against the builder under the Construction Defect Statute for defects for up to 10 years after completion of the home.
Hope helps. You should contact an attorney if your builder is not cooperating... View More
state of colorado
answered on Oct 31, 2019
If the previous tenant did not move out causing Landlord to be unable to deliver possession to you, he would be in breach of your lease agreement and have no right to your rent and Sec. Dep.
You should contact an attorney for assistance in recovering your money.
I have a Colorado lease that has several legal errors, such as governing law is listed as Massachusetts, landlord can lock out the tenant, as well as, all the parties listed on the lease did not sign off. A Property Management Company posted a notification on my door on 10/3/2019 informing me... View More
answered on Oct 31, 2019
A landlord may designate an agent (Property Management Co) to step in and administer the lease on his behalf, unless the lease specifically says otherwise. It was smart of you to verify this transfer with the Landlord prior to delivering money to the Property Manager.
I took a HELOC loan on my other property to pay this property off per our agreement after I paid the property off my parents are now getting a divorce and my mother agrees to the the agreement we had and is willing to sign over the property of to me but my father is not. We had an oral agreement... View More
answered on Oct 30, 2019
You may have some rights and remedies. I recommend that you contact an attorney to discuss the exact facts, agreements, evidence, willingness of Mom to cooperate, etc. Then you'll be able to make a decision about how to move forward in demanding your property.
Contract for vacant building lot specified a Land Plat Survey and seller provided a Improvement Location Certificate. The ILC specifically says it is only for Title co. and is not to be relied on for establishment of fence, building or other future improvement lines. Spoke with Surveyor who... View More
answered on Oct 16, 2019
Is a Land Plat Survey today valuable to defend encroachment claims in the future? Not likely.
Is a Land Plat Survey more valuable to a buyer than an ILC? Yes
She is stating the the floors are not level. At first their claim was we finished the basement with non floating walls, but when they found out that the basement was already finished, they are now stating well it must be something we did upstairs.
answered on Oct 15, 2019
You should consult an attorney to assist you in defending yourself against these claims. There are likely other facts that need to be discussed but it is possible that you could make a claim against the Plaintiff for attorney fees to defend yourself against this lawsuit.
I live in Colorado and when my wife and I did the final walkthrough of our new home, they showed us the property lines and the builder also already installed the front yard landscaping to make it easier to see which was roughly 9+ ft off of the right side of the house. However, yesterday when I... View More
answered on Oct 15, 2019
The ultimate issue here is who is correctly identifying the property line, the builder or the new claim? And, if the builder was wrong do you have a claim against him or against your title insurance?
You should bring your facts and evidence to an attorney to review, he may be able to... View More
answered on Oct 2, 2019
Assuming your calculation is correct, your Landlord lost his right unilaterally withhold for damages. Your next step is to send a 7-Day demand letter before initiating a lawsuit under the Colo Sec. Dep. Act.
Good Luck!
answered on Oct 1, 2019
The is no legal requirement for a landlord to perform a walkthrough with a tenant. If you dispute the charges you should refuse to pay and then bring a lawsuit or bring a counterclaim if the Landlord brings a claim against you. The Landlord will have the burden of proof.
answered on Oct 1, 2019
Withholding rent is always a risky maneuver. May you have a right to claim a Warranty of Habitability issue or a constructive eviction as a result of the flooding? Yes - you may but I recommend that you consult with an attorney about the facts and your possible courses of action before you... View More
we were evicted early in a lease for nonpayment- I get it, not fighting that. We're trying to pay it down, but I was wondering can they charge us for the full amount of the lease if the apartment has new tenants? Technically arent they're getting paid twice for the same unit? Is that legal?
answered on Oct 1, 2019
You are correct - A Landlord in Colo is not allowed to "double-dip" in the collection of rent from former tenants. If the Landlord has filed a Complaint against you in an attempt to obtain a judgement you should contact an attorney to assist you with this matter.
Our house is just about 3 years old. We had the builder finish the basement. Recently our shower in the basement has cracked (shower walls and pan). We had the builder out to inspect this and they wont cover the repair saying that it's cosmetic. Our shower is unusable, and when asked how we... View More
answered on Sep 28, 2019
You should contact an attorney to assist you with a possible Construction Defect Claim. There is a formal process which provides significant leverage to the homeowner against contractors who poorly construct homes.
I have a room in my primary residence posted for rent as a single occupancy lease. I am open to double occupancy but would only consider it with an additional fee. Is this legal? What would I need to add in the lease agreement?
answered on Sep 18, 2019
You can charge more if a unit is to be occupied by more than one person or a person and a pet.
answered on Sep 18, 2019
Yes - You can price each unit individually and different rent rates for those on assistance and self-paying tenants.
This would cause a hardship for some of our tenants who do not have a housing voucher. Can we base their rent on income?
answered on Sep 18, 2019
There is no limit on the amount of rent a Landlord may charge or the amount a Landlord may raise the rent. The tenant will decide if he wishes to negotiate, stay, or move.
However, of course you cannot unilaterally change the rent amount during the lease term.
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