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Colorado Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for Colorado on
Q: What would you do. Unit is worth $1000.00 . Involved in fire and useless. HOA FEE increase $460.00 per month.

This unit is one of 170 involved in two separate fires . 1. Nov 2022 the 2.in January 2023. Because of asbestos issues units been boarded up and can not be entered . Federal lawsuit against management company, insurance and one owner has been filed and could take another 3 years before resolved.... View More

0 Answers | Asked in Divorce and Real Estate Law for Colorado on
Q: I’m representing myself in a civil case as Plaintiff. Defendant’s counsel refuses to notify me of court filings by email

She states: We serve you with court pleadings via Colorado Courts E-Filing to your most recent address on file as that it what the Colorado Rules of Civil Procedure provide. I will not deviate from the Rules.

1 Answer | Asked in Real Estate Law, Identity Theft, Probate and White Collar Crime for Colorado on
Q: I believe there's a property in my name that I didn't know existed. How do I obtain justice in this matter?

I have reports from the website Ownerly in PDF form that support my claim.

Anthony M. Avery
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answered on Oct 28, 2024

Hire a CO attorney to search the title, determine heirship, and give his opinion as to ownership. Taxes, adverse possession, etc. may have terminated your estate interest.

1 Answer | Asked in Real Estate Law and Construction Law for Colorado on
Q: Is the home contractor who built a retaining wall responsible for repairs in Colorado for new home?

I am the investor.

Neil Sullenberger
Neil Sullenberger
answered on Oct 4, 2024

I'd need a bit more information than what's here, but with new construction in particular, this issue would typically be covered by an express warranty if construction was completed, or potentially punch list if construction is just finishing. Absent an express warranty, or if it existed... View More

1 Answer | Asked in Real Estate Law for Colorado on
Q: I was told there was no plat map or recorded survey on my land. After my survey I found unmatched information. Now what?

After having a survey done I found 2 Correction Deeds, by Grantor and Grantee, from 2009 and a 2010 Warranty Deed with a detailed description of my land. There is a missing ALTA ACSM survey that answers all.

Anthony M. Avery
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answered on Sep 9, 2024

What is your question? Apparently noone searched your title. Without a transfer, there is no way to incorporate a proper legal description of record unless you record an approved subdivision plat.

2 Answers | Asked in Real Estate Law for Colorado on
Q: I am 1/3 heir in my mother's home. My signature was forged on sales agreement. Should I sign title papers.

I am 84 with some cognitive issues, I am in CO, home is in Florida

Anthony M. Avery
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answered on Sep 2, 2024

Even if you like the sale price, there is no guaranty that you will get paid. Hire a local FL attorney to handle the exchange of your signed deed for cash to be sent to you. I would not trust an individual to send you money nor a title co.

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1 Answer | Asked in Real Estate Law, Divorce and Family Law for Colorado on
Q: My ex husband and I were listing a home and last minutes he pulled and moved back in. What rights do I have.

50/50 owned home was sitting empty. Both on loan.

Michael Joseph Larranaga
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answered on Jun 24, 2024

The real question is was the property subject to the division order when you got divorced or not. If not, then you may be able to pursue a partition action to force the sale of the property. If so, then you may need to follow the court's order and follow up with contempt proceedings. Either... View More

2 Answers | Asked in Real Estate Law, Civil Litigation and Probate for Colorado on
Q: Can I ask the attorney what questions they will ask me at a deposition prior to the meeting?

I have a deposition approaching can I ask which questions will be asked ahead of time?

Michael Joseph Larranaga
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answered on Jun 19, 2024

It depends. If it is a true oral disposition then anything is fair game. Your attorney may object but you are still required to answer the question. Objections are typically resolved after the fact.

That being said, there are very limited instances where your attorney may stop the...
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1 Answer | Asked in Contracts and Real Estate Law for Colorado on
Q: Our property management company will not give us detailed receipts, they say we are on the verge of bankruptcy

We have absolutely no idea where all the money is going. There are 16 families, nothing is ever repaired, grounds are a mess, etc.

How can we go about requesting detailed receipts for everything?

Our bylaws and covenants have never been enforced either.

John Michael Frick
John Michael Frick
answered on May 9, 2024

Hire an accounting firm to do an audit.

1 Answer | Asked in Real Estate Law and Probate for Colorado on
Q: What are Colorado laws regarding inheriting property held as tenants in common?

First owner died, has one living son. Second owner died with no descendants but has sister and brother.

Michael Joseph Larranaga
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answered on May 11, 2024

Typically, if no will exists then the state’s intestacy statute would govern. If you have questions you should contact an attorney.

You will most likely need to open probate and resolve any property issues that way. For Tenants In Common, ownership typically passes without regard to the...
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2 Answers | Asked in Real Estate Law for Colorado on
Q: Seller middle initial missing on Colorado deed

Hello, I purchased a vacant land property in Colorado (Park County) in 2016. The seller and I closed without a title company and recorded a deed in my name. I am now trying to sell the property via a title company. The title company now says that the deed that was recorded to me is missing the... View More

Vincent Gallo
Vincent Gallo
answered on May 5, 2024

You should first consider asking the new title agency since they will be the first gatekeeper as to what they will, or will not accept.

Your situation proves the point that nothing is a problem until it’s a problem which is precisely why having an attorney and a title company involved in...
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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.

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