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Colorado Contracts Questions & Answers
2 Answers | Asked in Contracts, Real Estate Law and Tax Law for Colorado on
Q: Seller will only sell us the house if we also buy the furniture for $35000 in a separate transaction twice the value of

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

Anthony M. Avery
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answered on Sep 20, 2023

If that is what the sellers want then that is what you have to agree to in order to buy the house. Not sure of your question, but they may have tax reasons, or some requirements to settle an Estate. Either agree to it or walk away.

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0 Answers | Asked in Contracts for Colorado on
Q: selling a mobility scooter, buyer provided deposit & signed Bill of Sale. Now they don't want it what recourse do I have

Colorado buyer called to tell me that they did not want the scooter any longer and that they wanted to deposit back I've spent the deposit the contract stated that it is a bill of sale and then as it is sale however it didn't mention anything about deposit or cancellations

1 Answer | Asked in Contracts and Constitutional Law for Colorado on
Q: Has Colorado reaffirmed Gold and Silver specie as legal tender yet?
John Michael Frick
John Michael Frick
answered on Sep 15, 2023

Yes. Under Colo. Rev. Stat. 11-61-101, gold and silver coin issued by the government of the United States is legal tender for the payment of all debts contracted between citizens of the State of Colorado.

3 Answers | Asked in Consumer Law, Civil Litigation and Contracts for Colorado on
Q: prepaid dance lessons for my daughter. She has decided not to use this studio. The dance studio is refusing refund.

Studio is stating that prepaid money cannot be refunded only applied to lessons. Is there legal standing to demand a refund?

T. Augustus Claus
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answered on Sep 14, 2023

In Colorado, your ability to demand a refund for prepaid dance lessons largely depends on the terms and conditions stipulated in the contract or agreement you entered into with the dance studio. It is essential to carefully review the contract, paying particular attention to provisions related to... View More

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0 Answers | Asked in Contracts and Real Estate Law for Colorado on
Q: I live in Boulder. I have a signed lease for a rental apartment downstairs with a separate entrance, etc.

The woman signed the lease, gave me one months rent/security deposit, and decided not to move in within weeks of the agreed upon date in the lease? I did everything that she requested, including moving all the items you would expect to have in a furnished apartment-from dishes to bookshelves to... View More

0 Answers | Asked in Contracts and Real Estate Law for Colorado on
Q: I live in Boulder. I have a signed lease for a rental apartment downstairs with a separate entrance, etc.

The woman signed the lease, gave me one months rent/security deposit, and decided not to move in within weeks of the agreed upon date in the lease? I did everything that she requested, including moving all the items you would expect to have in a furnished apartment-from dishes to bookshelves to... View More

1 Answer | Asked in Contracts for Colorado on
Q: Promissory Note Amendments w/out signatures valid?

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?

Michael Joseph Larranaga
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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...
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0 Answers | Asked in Contracts and Landlord - Tenant for Colorado on
Q: Is it legal for a landlord to terminate a lease early?

The property is a 2 bedroom condo and the landlord lives there with the tenants. Everyone has lived there for 4 months total. Tenants are hostile and causing huge distress and decline in mental health of landlord.

0 Answers | Asked in Contracts and Real Estate Law for Colorado on
Q: Do I have an obligation to disclose my husband's death to the mortgage holder when we are both named on the mortgage?

House was held as joint tenants. There will be no probate of his small estate.

0 Answers | Asked in Contracts for Colorado on
Q: What do I need to do to get a person's name off a loan or contract that he and I signed to buy this mobile home in 2016.

He disappeared in 2017 and don't know. Where he is or where he went thier has been no communication between us since 2017 . I am trying sell the home or take a reverse mortage out in order to survive .what do I got to do. Need help in direction to get his name removed. Please help

1 Answer | Asked in Contracts and Construction Law for Colorado on
Q: If I paid a contractor a deposit for a kitchen remodel and he used my deposit to fund other projects do I have recourse?

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

Michael Joseph Larranaga
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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

0 Answers | Asked in Contracts, Employment Law and Business Law for Colorado on
Q: 1099 employee - Branch manager paid on commission, but employer pays their employees payroll from my paycheck

I am set up as a 1099 employee to run a franchise small business for the owners, listed as a contractor type thing with my own LLC to do so. I do not have any brand ownership. I started as a W2 employee last summer and switched to 1099 in April this year. I have trainers and staff I oversee, but... View More

0 Answers | Asked in Contracts for Colorado on
Q: I just purchased a cheap vehicle for $1200 but I got it for a woman I’m seeing but I’m concerned.

What can I do to help protect myself from this woman. And is there a contract I can have them sign? How do I get the vehicle in there name if they have no money to pay me?

1 Answer | Asked in Consumer Law and Contracts for Colorado on
Q: Do I have a case to sue a landscaper at fault grade and drainage alteration?

A storm came through in April and flooded around our window wells sending water into our basement damaging areas of two rooms. Builder said landscaper trapped water up against the house with a concrete walkway that didn’t have a drain. A consulting company came and reshot the grade and determined... View More

Kammie Cuneo
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Kammie Cuneo
answered on Aug 15, 2023

The decision to engage in litigation should be economically rational. From the explanation above, it appears that the damage resulting from the original landscaping contractor's has been assessed at about $11,000 (the cost of fixing the errors). It is unclear whether there is a fee shifting... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on
Q: In a Colorado civil case, can the court rule ex parte on a motion for extension of time to file response to discovery?

Opposing counsel filed motion for extension of time on Friday evening. It states that I am opposed to the motion. I found his email with his motion Saturday evening; I filed my response Monday evening with the court and opposing counsel. He advised me that the court had already granted his motion... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 11, 2023

An Ex Parte application is basically a motion with shortened notice to the opposing side. You are usually told exactly the date, time and place where the motion will be heard by the Court so you can go there, personally or remotely, to present your opposition. You can search for the rule on google... View More

2 Answers | Asked in Contracts, Business Law and Construction Law for Colorado on
Q: If a contractor takes a job, and realizing its too big for for one man to accomplish safely after work has started.

This is my first excavation job. Sewer line in alley was originally located 6' deep, ended up being damaged all the way to city tap which is 13' deep. After replacing the damaged pipe, encasing in concrete, backfilling, replaced roadbase, and asphault. A week later the utility company ran... View More

Tim Akpinar
Tim Akpinar
answered on Jun 17, 2023

A Colorado attorney could advise best, as you have state-specific construction and engineering codes in a project like this, but you posted two weeks ago. One option is for the job to be examined by someone with legal and technical experience with such project to explore options, determine the most... View More

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2 Answers | Asked in Contracts for Colorado on
Q: Is a hold harmless agreement that says heirs can't sue legally binding on heirs who have not signed it?

If someone signs a hold harmless agreement that says their heirs cannot sue the entity that the person signing agrees not to sue, but the heirs have not signed it themselves, is the agreement legally binding on the heirs even though they have not signed it?

For example, if Max signed an... View More

John Michael Frick
John Michael Frick
answered on May 26, 2023

The heirs could not sue based on a right claimed by, through, or under the decedent.

If a person has a claim in his own right—and not because he is an heir of the decedent—he can still pursue that claim. The hold harmless wouldn’t apply in that instance.

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1 Answer | Asked in Contracts for Colorado on
Q: "A company sponsored (co-pay) to personal life insurance, health and annuity plan to maximum of 500 per month" Mean?
Tim Akpinar
Tim Akpinar
answered on Jun 8, 2023

A Colorado attorney could advise best, but your question remains open for three weeks. It may require closer examination as to what is meant by company-sponsored - does it mean contribution, or a program affiliated with the company? This needs to be clear. A quick consult with a local attorney who... View More

1 Answer | Asked in Contracts, Estate Planning, Family Law and Probate for Colorado on
Q: Can I file a case against my sister who abused her POA if she lives in another state?

My mother who had ALzheimer gave my sister POA and 14 months before she died, my sister made herself beneficiary on my mother bank accounts.. They lived in Ohio and I live in Colorado. Bank accounts are not part of the probate. Bank will not give me my mother's account history because, pretty... View More

Rebecca Pescador
Rebecca Pescador
answered on May 20, 2023

It sounds like you will need to pursue this in Ohio. Jurisdiction attaches where the person who passed away lived when they died. Since your mother did not live in Colorado when she died, Colorado would not have jurisdiction over this matter, so you could not purse this here.

Generally...
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1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Construction Law for Colorado on
Q: Contractor purchased materials on my CC, most never delivered/installed, he disappeared after demo, what is my recourse?

I hired a GC & signed a contract to remodel my bathroom. I have not received a copy of this contract despite asking every day. The contract stipulated an est of $15k-a $4k deposit & $4k upon completion & I would pay for materials. The GC showed references & licensing info & they... View More

Ben Volpe
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answered on Apr 19, 2023

I suggest considering a demand letter to the contractor regarding the issues. Keep in mind if there are construction defect issues, you'll need to consider a notice of claim letter per the Construction Defect Action Reform Act. If they do not make an effort to resolve the situation, you may be... View More

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