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Colorado Real Estate Law Questions & Answers
Q: How do I appeal a wheat ridge board of adjustments decision? I’m 73, retired teacher, and cannot afford a lawyer.

I have contacted wheat ridge city planners and district 3 representative and asked for copies of the minutes and a copy of the audio recording of the hearing. (Five emails and one in person meeting.) No one has responded to me. One of the board members was acquainted with the applicant . I... View More

0 Answers | Asked in Real Estate Law for Colorado on
Q: Is the rental increases every year really due to property value or is it just the land owner being greedy

Every year my apartment rent has increased by 120.00 a month. The office tells me it is due to the property values.

2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Colorado on
Q: If executor of estate sells house before transferring it to heirs, will it still receive stepped-up cost basis?

A woman died in January 2023 without a will. She had four children that are heirs to the estate according to Colorado intestate succession laws. The house was not transferred to the heirs prior to its sale in March 2024, but was sold on behalf of the estate by the executor (who is also one of the... View More

Nina Whitehurst
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answered on Mar 15, 2024

Property owned by a decedent gets a step up (or down) to fair market value as of the date of death. That holds regardless of whether the property is distributed in kind to the heirs or is sold and then cash distributed to the heirs. the only difference is who pays the capital gains taxes, if any.... View More

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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

2 Answers | Asked in Real Estate Law for Colorado on
Q: I have a document that I do not completely understand and was wanting some help. It is a special warranty deed.

"Subject to a life estate, hereby expressly reserved in grantor and measured by the life of the grantor's son"

Does this statement transfer all rights from grantor to grantor's son?

Anthony M. Avery
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answered on Feb 9, 2024

The granting clause is a little imprecise. That is actually an estate in the grantor until the termination of the grantor's son' life, and then either goes to a remainderman or reverts back to the grantor and his heirs. It is a future interest deed. You have not stated enough facts... View More

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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 Consumer Law and Real Estate Law for Colorado on
Q: I had a valid quitclaim deed a was properly recorded would that have impact on 4closure if it wasn't acknowledged
Michael Joseph Larranaga
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answered on Feb 5, 2024

Based on your statement, probably not. You stated that the deed is valid.

For real estate transactions in Colorado, a writing and signature is required. The notary creates a presumption that the signature is valid. Hence, the signature is the important part. The notary is important if...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: Can a real estate Restrictive Covenant be amended by the HOA president without a discussion or vote by the community?

We have a Covenant which prohibits various farm animals etc and exempts normal household pets if they are “under the control" of the owner when on common property - no mention of a leash. A few months ago, the president of the HOA enacted a Rule and Regulation that dogs must be “on a... View More

Michael Joseph Larranaga
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answered on Feb 5, 2024

This is a hard one that would require some legal research. Hence, you may want to hire an attorney.

In general, a HOA president cannot change a restrictive covenant. That would require an agreement by all the landowners via deed. There is a very good reason why restrictive covenants are...
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1 Answer | Asked in Lemon Law and Real Estate Law for Colorado on
Q: Seller disclosed their house had a Class 4 roof but cannot certify the roof quality after the purchase. Buyer recourse?

I bought a single family residence after the seller disclosed the house had a Class 4 roof. My property insurance discount is contingent on having a Class 4 roof. Neither the seller nor El Paso County can provide me with any evidence to certify the roof is Class 4. What is my legal recourse?

John Michael Frick
John Michael Frick
answered on Jan 23, 2024

You can hire an inspector to inspect the roof and certify that it is, in fact, a Class 4 roof, and provide that certification to your property insurer.

1 Answer | Asked in Real Estate Law and Tax Law for Colorado on
Q: We are looking for legal representation on a DST/1031 exchange property issue.

We were hoping you could direct us on how to locate the proper resource who can help us with a DST/1031 investment issue. The current trustee is changing the terms of the investment and at end will dilute our ownership and disqualify any future 1031 tax benefit. I would appreciate any input from... View More

James L. Arrasmith
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answered on Jan 8, 2024

Finding the right legal representation for a DST (Delaware Statutory Trust) and 1031 exchange issue is important to ensure that your interests are protected. You'll need a lawyer who is experienced in real estate investments, specifically those involving DSTs and 1031 exchanges.

Start...
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1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Colorado on
Q: Caretaker for gmother's home while on market never paid for 6 months until interested buyer, can I b thrown out

Two aunts ,who has done other embarressing actions, also I'm homeless

Anthony M. Avery
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answered on Nov 16, 2023

Whoever has title to the home can sue you for possession.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Colorado on
Q: How to stop a sale of property after deceased
Michael Joseph Larranaga
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answered on Nov 13, 2023

This is a complicated legal question. Depending on how the deed is written, the property could already belong to someone else. For example, it is a joint tenancy with the right of survivorship. You most likely need to talk to either a real estate or estate attorney. If the property passed into the... View More

2 Answers | Asked in Real Estate Law for Colorado on
Q: I bought out my partner's ex from the home they owned. Now she claims I don't have any equity in the property.

The buy-out amount was calculated as (Home Value - Mortgage) / 2. She now claims because I didn't put any physical money down as you would in a downpayment, that she keeps all the equity in the property when we sell. My name is on title as joint tenant and partition action has been filed,... View More

Michael Joseph Larranaga
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answered on Nov 8, 2023

A better question is are you are the title? If so, then her equity argument might be out the window. In short, you need to talk to an attorney to determine if you have a property interest, what that might be, and so on. This could be a potential partition case, breach of contract case, unjust... View More

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1 Answer | Asked in Real Estate Law for Colorado on
Q: Is partition action the only remedy if an unmarried couple needs to sell their home? They have joint tenancy.

One partner assumed the original mortgage after divorce. The other bought out the ex-husband using a second mortgage against the property.

Michael Joseph Larranaga
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answered on Oct 28, 2023

No partition is a option. Allot of your options depends on the other party, where the property is located and various other facts.

Most partition situations can be handle via contract as well. I would do some research and reach out to an attorney to discuss your options.

2 Answers | Asked in Real Estate Law for Colorado on
Q: Can you reverse a quitclaim deed

If you own a home on your own and then sign a quitclaim deed to a new partnership as joint tenants, can you reverse the quitclaim deed and claim full ownership again?

Michael Joseph Larranaga
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answered on Oct 30, 2023

It depends on the situation. If there were no fraud, coercion, or contract then you would most likely need the new owner to sign the property back to you. That attorney needs to identify why you transferred the property. If you did so voluntarily then you may be out of luck. But again, walk... View More

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2 Answers | Asked in Real Estate Law for Colorado on
Q: My daughter owns a house in Arizona and I live in Colorado. My daughter is currently incarcerated and I am her power of

Attorney want to sell the house ex-boyfriend is willing to sell as well but there’s a lien on the home for his child support is a way of selling the house and his portion go towards his lien and my daughter’s portion goes to her

T. Augustus Claus
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answered on Oct 23, 2023

Selling a house with a child support lien can be legally complex. As your daughter's power of attorney, you can facilitate the sale of the property in Arizona. Negotiating with the ex-boyfriend is a potential solution. If he agrees to sell, you can work out an arrangement for his portion of... View More

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2 Answers | Asked in Real Estate Law for Colorado on
Q: I am a half of a residential property in Colorado. Other half says I cannot enter the house. What are my rights?

The other 'half' owner of the property is in the hospital; his daughter has POA. She says I have no right to enter the residence until he passes away. Is this correct, or what are my legal rights?

Michael Joseph Larranaga
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answered on Oct 9, 2023

Typically, Joint Owners classified as tenants in common have a joint right to use the property unless there has been some sort of other side agreement, lease, or other. If the owner in the hospital has established that as their residence it may be a grey area.

Depending on what you own,...
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2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Real Estate Law for Colorado on
Q: I'm the successor in interest for an inherited house. Can the mortgage lender charge me a fee for assuming the mortgage?

I inherited my house from my mother when she passed away in 2017. I repeatedly attempted to assume the mortgage and get my name placed on the mortgage, but was repeatedly told I couldn't do so without undergoing a financial ability to pay. At the time, due to my student loans I wouldn't... View More

James L. Arrasmith
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answered on Nov 5, 2023

Yes, typically a credit union or other lending institution may require your name to be on the first mortgage to secure a home equity line of credit (HELOC). This is because they need to ascertain their position in the event of default.

Regarding the assumption fee, mortgage lenders are...
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2 Answers | Asked in Consumer Law, Real Estate Law and Civil Litigation for Colorado on
Q: I purchased a home in march 2023. There are so many problems with it. Cracked and crumbling foundation, plumbing and

Electrical issues just to begin with. Seller did not disclose any of this to us. Inspection was done but inspector did not bring this to our attention. What kind of lawyer am I looking for, for this type of matter and would i use the same lawyer against both the seller and inspector?

James A. Greer
James A. Greer
answered on Sep 27, 2023

Dear FAILURE TO DISCLOSE claimant: The type of lawyer you need is a real estate and construction experienced lawyer. And, no, you shouldn't expect to have to hire separate counsel for your claim of (1) Failure to Disclose, and (2) Negligent Inspection. I am hopeful that you have a standard... View More

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