Get free answers to your Real Estate Law legal questions from lawyers in your area.
The current owners moved out and took most of their own furniture so it looks bare.
answered on Jun 20, 2017
Unless the images are copyrighted, there is nothing illegal in recycling the images.
answered on Jun 9, 2017
In a general sense, abatement means that something is reduced or waived. If there is a tax abatement by the city it should mean that the property tax is reduced. Abatements can also apply to nuisance issues (i.e. a property owner needs to quite-down). Abatement is sometimes used by some cities in... View More 
Payments are current, but he can no longer maintain the property. He's 83. Has money in bank and doesn't want to risk it being garnished.
answered on May 26, 2017
It depends on the amount the lender bids at the sale. If the bid is enough to pay the loan, there will be no deficiency. If the bid is less, there will be a deficiency which the lender may try to collect from the borrower. Sometimes the lender will forgive the deficiency. If its more than $600.00,... View More
answered on May 23, 2017
If there is a lender involved, they will insist on an appraisal. If the appraisal does not support the contract price, they will not make the loan. If it's an all cash deal, caveat emptor (buyer beware).
Ok, there is something in a letter I received that says they will give me 90 day notice from termination of my lease but I wonder if there is a Colorado law allowing renters to remain in the building during the conversion. Thank you very much Barbara.. I am 69
answered on May 20, 2017
The landlord cannot terminate the lease early without tenant consent (or vice versa). The landlord (or the tenant) can choose to not renew the lease provided that notice is provide prior to the non-renewal. It other words, it sounds like the landlord is following the law. You can contact the... View More
answered on May 18, 2017
I assume you meant to rescind no resend (spelling autocorrecting always gets me too...). Anyway, a seller may be able to rescind a signed contact, but this is usually conditional on either the buyer agreeing to release the seller or the seller offers a "penalty" to the buyer for... View More
wife would then have half interest in the home? Or because the husband purchased the home in his name only, does that mean that (despite the title deed listing both husband and wife as owners) the husband would have to deed an interest to his wife for her to actually have co-ownership regardless of... View More
answered on May 17, 2017
Unless the vesting deed says otherwise, each is presumed a 50% owner. The contract language no longer matters as it is "merged" into the deed. Did he examine the deed prior to closing? Presumably, he wanted her on the title and requested the seller to grant the warranty deed to both of... View More
but includes his wife's name on the title, can he thereafter remove her name from the title so that she no longer has half ownership in the home?
Thanks!
answered on May 17, 2017
Assuming he effectively deeded an interest to the wife, he cannot unilaterally remove her. Either she must deed it back or a court must order it.
Chase Home Finance
Primary Residence
answered on May 16, 2017
The statue of limitations for a mortgage is 6 years. Tolling begins on either the date of default with acceleration (all come due) or maturity (last day of the final payment from the original loan documents). In other words, the exact expiration date to seek collections is based on the individual... View More
Please help.. my family's and I home is at risk!!
This is turning out to be a mess.. I'll try to keep simple:
Jim purchased the property in 1985 and was the only name ever on the loan with US Bank. When Jim moved from the property he gifted the property to his... View More
answered on May 9, 2017
Are you saying that after 32 years that there is still a mortgage against this property? Absent refinancing or a 40
year loan (or worse, an interest only loan!) this would not happen. Something isn't adding up.
You REALLY need to consult with a local real estate attorney to... View More
answered on May 7, 2017
Yikes! The best approach is to contact the local police about the find (non-emergency). After the police clear the area (either by clearing a crime scene or declaring the site not part of a crime) you can consider whether or not this is something that should be disclosed. As a general rule,... View More
Construction started shortly after we moved in. Neighbor stated that they have known about the construction for two years. The HOA had sent a letter to everyone notifying them of the construction. I feel as though we should have been told. We are afraid that this will reduce our property value.... View More
answered on Apr 29, 2017
You may have a claim, but you will need to contact a real estate attorney directly. As a general best practice, the seller should disclose things that may impact the value or desirability of a home. Colorado might require the disclosure of the construction if the circumstances are right, but nearby... View More
Lease automatically changes to month-to-month at expiration.Tenant wants to renew for a year. Just found out we are being reassigned to Fort Carson in Feb, 2018 but don't have orders yet. Can we put a clause in new lease to allow us to terminate early because of our return to Colorado, so we... View More
answered on Apr 29, 2017
You can ask for the early termination provision, but the landlord has to agree to the term. The landlord is not required to agree to the early termination term, but may agree.
Our property is not currently in a floodplain. It is in a PROPOSED FEMA floodplain. The County Planning Administrator is using the proposed map to determine our building code. We will have to elevate our garage as well as add flood vents even though our property is not currently in a floodplain.... View More
answered on Apr 28, 2017
Consulting a real estate attorney is likely worth the effort. Planning commissions can have a life of their own (not always in a good way...). The proposed classifications may not be legally binding and/or you may be able to get an special exception for the garage. At minimum, you can have a lawyer... View More
The building manager said they would send one housekeeper but she would have to clean around furniture and would not be able to clean the whole apartment. There were mouse droppings and a mouse hole in the bathroom, digesting. Also they said a construction project would be going on from 19th to... View More
answered on Apr 26, 2017
You may have grounds for constructive eviction. You will need to contact a lawyer. While Colorado Legal Services and your local bar have resources for landlord-tenant issues, you may have to hire a lawyer.
Tenants have been absent from property for 25 consecutive days, we want to ensure there is no damage, i.e. Leaking pipe, refrigerator still working, furnace still functioning and septic still working. However they have put up a huge arrugment. Are we with in our rights to do an inspection?
answered on Apr 25, 2017
Justia's Q&A section cannot sanction a contextual "inspection" due to the tenants being absent for a period of time. The tenants have a right of privacy and a property right to prevent access. With some very limited exceptions, a landlord cannot enter the leasehold without... View More
The contract is for a house in Colorado and the seller agreed to pay for the repair.
answered on Apr 21, 2017
In order to determine your rights, you will need to thoroughly examine the precise language in the contract as it relates to this particular issue before making any decisions. The contract will control.
I live in Colorado. I have been separated from my wife for 7 years. The divorce was never finalized. I would like to buy a house, but I want to make sure she can not lay claim to it. Is there any chance that she could claim it? The property I would like to buy is in a different state from... View More
answered on Apr 19, 2017
If you want to remove any potential claims that your wife can make to the house purchase that your are considering, you will need to get divorced before you purchase a home. Since Colorado is a common law state, the informal separation allows you to claim that the house should not be divided with... View More
We have lived here for 2 years no problems. And now that we're up to renew our land lord wants all this info. She wants us to reapply and she wants pay stubs and employers numbers she wants proof of income and all kinds of things... can she ask for this stuff? She even wants to come and look... View More
answered on Apr 10, 2017
Requesting financial information is allowed. If you feel the information is too invasive, you have the option to not renew the lease. Things that cannot be asked generally relate to race, gender, and/or disability (beyond discovery for reasonably accommodation for the disability).
We were just told that the owner is selling the property (4/03/2017) they required a 45 day notice to not renew in June. We ask If we can break lease so we can find a place before the summer boost in rent prices. We were told by the owners middle man to go ahead and start looking and after that... View More
answered on Apr 7, 2017
Based on your facts you have reasonable grounds to assert the claim of implied agency which may allow you to break the lease early. The issue is that this can only be decided by a judge. As a result, even if your understanding is correct, you may have to litigate if the current landlord refuses the... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
