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Colorado Contracts Questions & Answers
1 Answer | Asked in Civil Litigation and Contracts for Colorado on
Q: Are terms from an unsigned contract enforceable?

Customer placed an order for custom goods per a proposal delivered via email. Customer submitted deposit through electronic invoice. Customer cancelled the order a month later. I was able to stop production and instead of keeping all deposit monies, I promised a partial refund. I have not yet paid... View More

John Michael Frick
John Michael Frick
answered on May 8, 2024

Under the Uniform Commercial Code, if a customer contracts with a merchant to make a special order and the goods cannot be completed a resold in a commercially reasonable manner, you should be entitled to your profit (including reasonable overhead) together with incidental damages, due allowance... View More

1 Answer | Asked in Consumer Law and Contracts for Colorado on
Q: I hired a shop to restore a classic Mustang - they have been paid 120K and won't finish the job? What is my recourse?

With the last payment of 10 K, I told the shop owner that this is the last check, that if there is any balance, I would pay that when I pick the car up Originally, the owner of this shop told me the restoration would be between 70k and 100k- Were now over 135k (i've paid for parts) I... View More

Michael Joseph Larranaga
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answered on May 3, 2024

Reach out to an attorney. Unfortunately, car shops are not famous for their use of clear service contracts. If you agreed upon a price you may be able to enforce it. More likely, you agreed to pay an hourly rate. Either way, you may need to consider taking the car back and taking it somewhere else.

1 Answer | Asked in Contracts, Business Law and Estate Planning for Colorado on
Q: I inherited McDonald's I know for a fact I'm on the last owners will that I get all the money and company. Can you help

I'm the owner of McDonald's and the will was never brought to any ones attention that I Mitchell Jensen or Mitchell Rio own and did inherit all of McDonald's. I picked up the bank account as soon as I started owning McDonald's

James L. Arrasmith
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answered on Mar 18, 2024

If you believe you have inherited ownership of McDonald's through a will, it is essential to first verify the authenticity and legal standing of the document. You should consult with an attorney experienced in estate law and corporate ownership structures to assess the will's validity and... View More

1 Answer | Asked in Contracts, Banking, Construction Law and Business Law for Colorado on
Q: I wrote out a painting bid proposal sheet and gave an estimate for work.to.be preformed. The bid asked for half pay

To start upon acceptance of bid. They called my business associate and said they accepted the proposal he then went down and got a check from the bank that wrote and signed the proposal for. He took the money and for the wro.g equipment for the job and pelht the rest of his money towards his... View More

James L. Arrasmith
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answered on Mar 2, 2024

In the situation you've described, where a business associate accepted a payment on behalf of your business for a painting job and then misused those funds, several legal and ethical issues are at play. Once a bid is accepted and a payment is made, the funds should be used as agreed upon in... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on
Q: Am I completely within my right to break my lease agreement?

I am currently under a 12 month lease agreement with a landlord as a roommate in a house. In the contract, there is no termination clause. Recently, due to a hostile living environment and a negligent landlord, an early lease agreement was typed up. Our landlord has threatened to evict us on... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you've provided, it seems that you may have grounds to terminate your lease agreement early due to the hostile living environment and your landlord's negligent behavior. However, the specific laws and regulations regarding lease termination can vary by state and... View More

1 Answer | Asked in Real Estate Law and Contracts for Colorado on
Q: I have joint ownership of a small commercial building with my brother. Looking to seperate management and finances.

We are both 50% owners and it is under his management but I want to manage and own my half of the building and it's income. I'm not sure if there just gets too 'messy' and it is advised to simply sell a property instead, in a situation like this. Thank you.

Michael Joseph Larranaga
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answered on Feb 27, 2024

You most likely need a contract describing the relationship. In the alternative, you can potentially do a partition action to sell the entire thing. It just depends on what you would like to do, what the other party is willing to do, and so on. Either way, I would contact an attorney to discuss... View More

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for Colorado on
Q: What are the rules of civil court about Your attorney being your live in boyfriend.? Can the case get thrown out ..

I'm pretty sure they have been working on setting up this case up before it even went to the courts.Things and questions the plaintiff started asking and having me do seemed weird too at the time.I just found out that he is her attorney.They hv been putting his law firm name instead of his... View More

Anthony M. Avery
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answered on Feb 14, 2024

Based on your facts, no ethical rules are violated. You probably need to look at the law dealing with whatever cause of action is involved, but first you have to have standing. Intervenors get thrown out all the time.

1 Answer | Asked in Construction Law and Contracts for Colorado on
Q: Door install still not finished and I have not paid fully. Can I never pay?

Door & Window install has been a bit of a nightmare. They have been terrible at communication. I paid a deposit on the job (~$2k) and still owe them the rest (~$4.5k). There are multiple issues with the door install that have not been fixed. They started in May 2023. Last I heard was maybe 2... View More

James L. Arrasmith
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answered on Jan 21, 2024

You make a fair point - if a contractor does not complete the work properly or to your reasonable satisfaction, they should not necessarily be entitled to full payment. Legally, you have a few options:

1) Set a deadline/ultimatum for them to fix the outstanding issues by a set date in a...
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1 Answer | Asked in Contracts for Colorado on
Q: I am considering filing in small claims court but am not sure if I will be awarded payment. Can you help me?

My artwork was accepted into a gallery show. While it was in the custody of the gallery, a fire occurred and my artwork was destroyed. It had been for sale in the show for around $1500. The gallery owner says I didn't pick it up on the end date of the show and therefore her insurance... View More

Tim Akpinar
Tim Akpinar
answered on Jan 24, 2024

A Colorado attorney could advise best, but your question remains open for a week. I'm sorry for the destruction of your artwork. If you reached out to attorneys, they would probably tell you that they need to review all the terms and conditions between you and the gallery. Beyond that, it... View More

1 Answer | Asked in Consumer Law and Contracts for Colorado on
Q: We bought a mattress set from a mattress store, they when through credit to make payments, now they say we owe...

...the remainder before delivery, even though we set it up for payments. So we asked for our 2k that we put down back, and they said no, they get to keep it because they had to order the bed, there is nothing in the paper work that says they can do that. What can we do to get our money back.

James L. Arrasmith
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answered on Jan 18, 2024

In this situation, the first step is to review all paperwork and agreements related to the purchase and financing of the mattress set. Look for any terms about down payments, cancellations, refunds, and delivery conditions. Understanding the exact terms of your agreement is crucial.

If the...
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1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Colorado on
Q: I need to know if the owner of my storage unit can charge me 500.00 for having other tenets clean out my storage after

I was 1 day over my move out day. He allowed them to access my other storage to put some of my items in it.

James L. Arrasmith
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answered on Nov 24, 2023

In Colorado, the rules regarding storage unit fees and access are typically governed by the lease agreement you signed with the storage facility. It's crucial to review this agreement to understand your rights and the owner's rights in situations like being overdue on moving out.... View More

1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Colorado on
Q: I have a storage in colorado. The owner hired other tenants to move and clean it out after I was 1 day over my move out

He didn't not file an lien. He is charging me 500 for tbe labor also he allowed them to enter my other storage to put items out of the first storage. With out my consent or knowledge.

James L. Arrasmith
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answered on Nov 24, 2023

It's important to review the terms of your storage unit rental agreement to understand your rights and the owner's obligations in this situation. Storage facility agreements usually outline procedures for late move-outs, fees, and handling of items left in the unit.

If the owner...
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1 Answer | Asked in Contracts for Colorado on
Q: Waiting more than 3 months to get my deposit back
T. Augustus Claus
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answered on Nov 21, 2023

In Colorado, landlords are required to return security deposits to tenants within 30 days after the termination of the tenancy. If the landlord fails to return the security deposit within this timeframe, the tenant may be entitled to additional compensation.

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for Colorado on
Q: My car is being held against my will for repairs that will not be done. What are my options?

Car was brought in for inspection and repair of hail damage. The car has been inspected and deemed a total loss, so no repairs have been done. I want to pick up the car but repair facility insists upon over $7,000 for “storage and administrative fees”. Again, apart from my insurance company’s... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Nov 15, 2023

First, call your insurance company and ask them to help. If your insurer won't help, ask why and get it in writing. If your insurer cannot resolve it, consider calling the Attorney General's consumer fraud hotline or making a complaint with the BBB. You may need to hire a lawyer if those... View More

1 Answer | Asked in Contracts and Health Care Law for Colorado on
Q: I concented to 1 med record transfer. Other records arrived w/out permish what can I do
Tim Akpinar
Tim Akpinar
answered on Oct 29, 2023

A starting point could be to check the authorization - current medical authorizations have a number of boxes to be checked off, and there is opportunity for error, compared with simpler forms used in the past. Good luck

1 Answer | Asked in Contracts, Tax Law, Admiralty / Maritime and Gov & Administrative Law for Colorado on
Q: What motion to the courts would be filed to obtain financials of accounting, ledgers, tax ID, of cash only bond put up?

100k for one individual another 100k for another individual court bonds and 10grand for another cash only court bond for tax purposes

T. Augustus Claus
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answered on Sep 26, 2023

In Colorado, if you're looking to obtain financial records related to court bonds, such as accounting ledgers or tax ID information, you might consider filing a "Motion for Discovery" or "Motion to Compel Disclosure." These motions are generally used to request specific... View More

1 Answer | Asked in Contracts, Tax Law, Admiralty / Maritime and Civil Rights for Colorado on
Q: a motion for an assessment of the bond monies. Would be filed in what jurisdiction of a district Court?

Securing bond monies, obtaining the account ledger of monies, tax audit, and ledgers, of account.

T. Augustus Claus
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answered on Sep 26, 2023

In Colorado, if you're looking to obtain financial records related to court bonds, such as accounting ledgers or tax ID information, you might consider filing a "Motion for Discovery" or "Motion to Compel Disclosure." These motions are generally used to request specific... View More

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

Michael Joseph Larranaga
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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?...
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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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