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Furniture might be worth 10,000 max but seller wants 35000 in separate transactions from house perchase of 600000 we really want the house so we are forced into this furniture deal . Do we just go along with it and over pay for the furniture and keep the sellers happy it’s like they are hiding... View More
answered on Sep 22, 2023
Sorry, it is the seller's responsibility to deal with their taxes. It only becomes a problem for you when you both start colluding not to pay taxes.
The seller has the right to sell his property for as much as they want. We live in a free market so if a buyer will pay it then why not?... View More
My mother's name is on the title and mortgage for the condo I am living in while I pay all the fees. I am set up as a renter with no profits. I am now in a position to take ownership of the property and remaining mortgage. Adding my name to the existing mortgage is not an option. She... View More
answered on Sep 15, 2023
Unfortunately, this is not an easy situation. If you want to avoid fees, you should probably talk to a tax attorney. I do not think you can avoid all taxes. You may be able to defer taxes or maybe defer then fall into an exception, but Uncle Sam always gets his cut in the end. Your mother could... View More
Studio is stating that prepaid money cannot be refunded only applied to lessons. Is there legal standing to demand a refund?
answered on Sep 15, 2023
I agree that it all depends on the contract. In addition, it depends on how those funds are classified which again will be affected by the contract. Did you buy vouchers, is it a prepayment for services, or other?
Depending on the school, you may also consider talking to the other parents... View More
Law enforcement nor myself was contacted
answered on Sep 15, 2023
There is not enough info here to know anything. How was the school involved, was a teacher involved, did this occur on campus, was it a fight or just a battery, and so on? Liability depends on the underlying facts.
If your kid was seriously injured, you need to talk to an attorney that can... View More
The person I rent from has a history of retaining a cleaning fee from renters, in particular for "professional carpet cleaning", however it has been observed that the carpets were not actually cleaned after that tenant moved out, and the next tenant moved in. For other others who have... View More
answered on Sep 11, 2023
Not necessarily. In most circumstances, a detailed statement explaining why your deposit was withheld would suffice. If you choose to sue, then the receipt would most likely be discoverable. But, it all depends on were you are in the process and the initial contract. That being said, their have... View More
PN due date expired and then the 2 parties had an email exchange agreeing to new terms. Is the email valid as an amendment to the PN without signatures of the 2 parties?
answered on Sep 11, 2023
It depends. The statute of frauds may come into play but generally, a contract can be amended by mutual agreement. To have a mutual agreement you have to meet requirements of a contract but this can often be done in a email.
The statue of frauds requires signatures in certain situations... View More
answered on Sep 11, 2023
While I am not aware of any penalties, there are benefits to keeping a separate bank account for security deposits. For one, if you are sued, bank records are open to discovery. As such, if you put the deposit in a separate account then you do not necessarily need to divulge your personal records... View More
answered on Sep 1, 2023
If you are receiving the assistance and you do not have a contractual requirement to inform your landlord, then you may not need to inform them. It all depends on your specific situation. Many assistance programs pay the landlord directly while some may help to supplement your income.
If... View More
It has come to light that over a month after the deposit was paid, the contractor has dispersed none of the funds provided to him by us toward our project. No work has been done and no materials acquired. The contract was signed July 16th of 2023 and contract stated work would be completed by... View More
answered on Aug 30, 2023
You do need to contact an attorney. Depending on the circumstances, in many circumstances, the initial deposit needs to be held in a trust account and failure to properly account for the deposit can be theft. Further, it could also be a fraud and/or breach of contract issue. Regardless, you should... View More
I did send a 7day demand letter prior to 1 year of the date I moved out, however a death in my family kept me from filing the lawsuit immediately after the 7 days was up and now its been exactly a year since I moved out. Can I still file a law suit to return treble damage deposit?
answered on Aug 30, 2023
The statute of limitations is very tricky. You should contact an attorney.
For security deposit cases, I typically see a 1-year and 3-year statute at play. The 1-year is for punitive damages and the 3-year is for breach of contract. But the facts are extremely important. They determine... View More
Our question is this:
Assuming no criminal history, no prior affiliation with drugs in any capacity, if a civilian were to walk up to an officer on the street, and say "I have cocaine at my house", and go on to refuse any searches and refuse to produce said cocaine, or take any... View More
answered on Aug 30, 2023
Although I do not practice criminal law, I would think that an admission that you had an illegal substance in the house would be enough to constitute probable cause to obtain a warrant to search the house for that illegal substance. You are basically admitting to the illegal act. At that point,... View More
answered on Sep 1, 2023
You should contact an attorney.
In a normal litigation scenario which includes divorce, you would file a complaint with the court and personally serve that complaint and a summons on the Defendant. Rule 4 of CRPC talks about personal service. You do not necessarily need to serve the... View More
My son was just about to finish his shift and told his supervisor he was about to leave for the day. The supervisor wanted him to stay, and when my son declined, the supervisor slapped him in the face (in front of another supervisor)—neither reported the incident. When he came home, I called the... View More
answered on Aug 16, 2023
1st of all you should get an attorney.
2nd, if this was during work hours by a supervisor acting in his supervisory capacity, it would be almost negligent not to look into the employer's liability. They may not be liable but there is a good chance they may be to an extent. You can... View More
I was working with a rental assistance agency in July to get help with July’s rent. I finally got approved, but in that time my property management company sent the case to court. I filed my answer 8/7 and paid my current months rent, my back rent, and all legal fees outlined in the notice on... View More
answered on Aug 14, 2023
Unfortunately, it is impossible to know without knowing the basis of the eviction and the specific facts. If you are being evicted for breaking the law, paying back rent may not be the ticket. It all depends on the reasons.
I would look into Colorado Revised Statutes for forcible detainer... View More
I noticed a small "pending practice" in her email sig. She has not shown up to a hearing 2x which led me to question why. I had some stand in attorney and she did not know my case ( divorce) so i essentially had zero representation.
answered on Aug 2, 2023
In most cases here in the state of Colorado, you need a license to practice law. There are multiple exceptions to the rule but you should check into it. This is particularly important for domestic cases since you would normally be in front of a judge. I would find it odd if they did not have some... View More
I want to sell the property because I am 8 hours away. Is the lease still valid? Do I have any way out?
* My brother recently passed away.
answered on Aug 1, 2023
That is a very complicated legal topic. You should contact an attorney.
1st they need to determine who owns the house. Then you need to look at not only the validity of the lease but if you accepted any payments. Next, it depends. But in short, it may not be wise to kick out a potential... View More
my former tenant has falsely filed a lien on my property - claiming to have done $21,000 worth of work over a time of 5 years. What he is claiming is based on no consent to do work, no estimate, no contract and no invoice. He is mad because I had to repeatedly told him to get out. He has... View More
answered on Jul 27, 2023
You will most likely need a lawyer. Depending on the facts you could be looking at slander of title or a quit title action of sorts. It depends on what they filed. Their are special rules regarding contractor liens.
Either way, it is most likely beyond the layman.
We are looking to possibly sell a piece of real estate that is currently blank land. It is used for carnivals and parking. On the same parcel (which would be subdivided). There is an event center which is owned by the City however this land is on the other side of the parcel and undeveloped. I do... View More
answered on Jul 21, 2023
It sounds like you may have a title issue.
If you are concerned the government is using the land without your permission, it could be a taking or trespass. It is also likely there is some type of agreement on the property. Regardless, you would need to dig deeper into it.
This... View More
On my parents trust case we had a temporary successor trustee for about 8 months and then she was removed after mediation between myself and my siblings. The case has been closed now past the initial statute of limitations. However, only 6 months ago new information previously not disclosed came to... View More
answered on Jul 21, 2023
This is a complex question. If there was fraud the statute of limitations may be extended.
You may need to take multiple steps including reopening the estate, filing an action against the former PR, and so on.
Rather than trying to do this yourself, you should seek legal help.... View More
answered on Jul 21, 2023
It really depends. If the property is owned as joint tenants with right of survivorship, ownership can pass by operation of law without any court involvement. In other instances, probate may be required. Regardless, property ownership is riddled with legal complexities. If you do not know the... View More
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