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Colorado Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for Colorado on
Q: Does the legal description on a property sale contract need to have metes & bounds in order to file a land patent?

I'm about to close on a property tomorrow which is vacant, unimproved land. I intend to file a patent for this land and the legal description does not state the metes and bounds with the address on the current deed or title. Do I need to have this changed before I can file a land patent? Does... View More

0 Answers | Asked in Real Estate Law for Colorado on
Q: With the new Denver Sidewalk initiative do we as homeowners have any ways to stop a sidewalk from going in?

We have lived at our house for 25+ years and there’s never been a sidewalk, it stops at our driveway. There was a city vehicle outside our house today taking pictures of the front of our house on the neighbors sidewalk. With the new sidewalk initiative, I typed in our address on the government... 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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0 Answers | Asked in Real Estate Law for Colorado on
Q: My Hoa is $383, assessment Oct 1 is adding 365, and on Jan 1st another 225 per unit? Doesn't this seem high?

Hoa covers water, trash and grounds. Parking is 6 month assessment. And the 225 adding to monthly fees are for outside of building Insurance? This seems outrages based on I live in an 800sq foot condo that is not immaculate. There are million dollar homes in Colorado who's hoa fees are less... View More

1 Answer | Asked in Real Estate Law for Colorado on
Q: How to transfer property ownership with only existing mortgage value and no capital gains?

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

Michael Joseph Larranaga
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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

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: Can my Subleasee START and OPERATE an LLC registered to this Address...AFTER She signed a Personal Sublease?

She Signed for herself. Then a month Later she registered for an LLC at this Address.

Does this break the ORIGINAL Sublease Agreement???

Colorado Springs, Colorado

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: What is the penalty for not having a separate trust account for a rental deposit?
Michael Joseph Larranaga
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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

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

0 Answers | Asked in Real Estate Law for Colorado on
Q: CAN I SUE FOR BREACH OF DUTY AND DECEPTION

MORTGAGE TOOK 2 1/2 YEARS TO ADDRESS AN INQUIRY AND AFTER A CFPB COMPLAINT MADE. THE RESPONSE WAS CLOSING ERROR BY TITLE AGENT. TITLE AGENT TRIED TO COERCE ME TO REFINANCE TO COVER DEBT NOT COVERED AT CLOSING.

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.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Colorado on
Q: Am I allowed to walk my dog in an adjoined backyard space?

I live on a property with an adjoined backyard area with no fences. The adjoining property is a communal housing facility. I have been utilizing the full area for several months. I was told by the manager of the asking property that I'm no longer allowed to use "their" portion of the adjoined space.

T. Augustus Claus
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answered on Aug 21, 2023

The use of shared or communal spaces often depends on property agreements and the understanding between neighbors. If you have been using the entire adjoined space for a certain period, it might have established a pattern of usage. However, property managers or owners of the adjoining property can... View More

1 Answer | Asked in Real Estate Law for Colorado on
Q: My brother and I co-owned a townhouse in Colorado which we used for rental property. My brother signed the leases.

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.

Michael Joseph Larranaga
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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...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: who has say over property deeds after owner passes away
Michael Joseph Larranaga
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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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1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for Colorado on
Q: staying on friend's property she died her husband died his mom had my personal property removed can she legally do this

deed is still in dead friends name

Anthony M. Avery
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answered on Jul 28, 2023

The mother is probably an heir at law of the last owner. She probably has the authority.

1 Answer | Asked in Government Contracts, Land Use & Zoning and Real Estate Law for Colorado on
Q: What are examples of a piece of real estate being used or held for government purposes?

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

Michael Joseph Larranaga
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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...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: I have a rental property with an existing mortgage in Colorado. Can I add my son as a joint tenant on the deed ?
Michael Joseph Larranaga
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answered on Jul 10, 2023

It depends. I know everyone hates that answer.

In general, if you own a piece of real property, you can add another person as a Joint Tenant. But depending on state law, if the mortgage is a deed of trust or other, the terms of the contract and so on, changing ownership can be an issue....
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1 Answer | Asked in Real Estate Law for Colorado on
Q: State of Colorado real property implementing lien as an hair to equity.

There is a reverse mortgage on the home the equity outweighs the loan

T. Augustus Claus
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answered on Jul 6, 2023

A reverse mortgage allows homeowners who are 62 years or older to convert part of their home equity into loan proceeds without having to sell or move out of their home. With a reverse mortgage, the loan is typically repaid when the homeowner sells the property or passes away.

If there is a...
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1 Answer | Asked in Personal Injury, Real Estate Law, Antitrust and Arbitration / Mediation Law for Colorado on
Q: I have lived here 2 years. I am being harassed and evicted. Acute PTSD. No non payment issues. Neighbors like me.

They are retaliating and trying to provoke me so it'll be easier for them to evict.

James L. Arrasmith
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answered on Jul 11, 2023

I am sorry you are dealing with this. You should keep a record of the harassment, talk to the landlord, file a complaint with the housing authority, or consult with an attorney.

2 Answers | Asked in Real Estate Law, Business Law, Civil Litigation and Insurance Defense for Colorado on
Q: Regarding LLC's and "personal" liability umbrella policies

I have several properties in CO, each in it's own separate LLC with me as the only member of each LLC. Does having all the LLC's insured under a PERSONAL liability umbrella defeat the entire point of the LLC's, (which is to keep each property only individually "liable" and... View More

Miles Williams
Miles Williams
answered on Jun 2, 2023

Hi there, generally your personal liability policy is not going to cover the properties owned by the LLC given that the LLC is not the insured on the policy. You would need to read the policy to be certain. An umbrella policy for all of them could be a solution if there was adequate coverage and... View More

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