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Colorado Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Colorado on
Q: Any laws saying you must be a resident of colorado before purchasing land?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 5, 2017

No, there are no restrictions. You don't have to be a resident of Colorado (ever). Note if you permanently reside in Colorado for 91 consecutive days you automatically become a resident.

1 Answer | Asked in Real Estate Law for Colorado on
Q: Can I photograph and list a seller's house, and receive a flat fee payment, even if I don't have a real estate license?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 5, 2017

You will need to contact a lawyer for a full review of your specific situation.

These are the general rules. Photographs of a home do not normally require a valid Colorado real estate license. Listing on MLS, Zillow, etc. for pay does require a valid Colorado license. Note, the homeowners...
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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on
Q: If my name is misspelled on the lease and I did not sign but other roommate did, is the lease still binding to me?

Wanting to leave due to roommate disputes

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 3, 2017

The misspelling is not a material defect in the lease.

As for the lack of a signature, the issue is complicated. A signature is usually needed to create an binding agreement (esp. for real estate). However, actions can impute an agreement (esp. for leases). In other words, you are likely...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: How do I obtain a lien release for my home and submit it to FreddieMac?

Mortgage was with Wells Fargo, sold to FreddieMac. FreddieMac is requesting a release. How do I obtain and submit this release.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 1, 2017

This should be available at your local county assessor's office. Note, the original lender (Wells Fargo), should assist (by providing a release letter) with the removal. If more information or filing is required, you may need to contact a real estate attorney.

1 Answer | Asked in Consumer Law, Small Claims and Real Estate Law for Colorado on
Q: I recently closed on a condo, which I financed with a CHFA loan. A few days ago an electrician came over and informed

me that I have a Federal Pacific circuit breaker panel with Stab-Lok circuit breakers, which are faulty and a fire hazard. FP was the subject of a class action lawsuit in NJ I discovered and are considered faulty. The electrician also informed me no homeowners insurance policy would cover damage... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 30, 2017

You may, but you will need to contact a lawyer directly to see for certain. Only a lawyer (on a private basis) can evaluate the merits of your case and provide guidance.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: Landlord filed a false claim to our renters' insurance for theft and plumbing damage. Should we inform insurance?

We have photos, texts, and documentation to prove damage was due to poor maintenance and normal wear and tear, not willful or neglectful damage on part of tenant.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 29, 2017

As a general rule, landlords have accelerated procedures for tenants that violate some laws (usually drug related). You are welcome to contact the insurance company if you feel that fraud has or is occurring.

1 Answer | Asked in Criminal Law, Domestic Violence, Real Estate Law and Landlord - Tenant for Colorado on
Q: My roommate was convicted of child abuse. Can he be evicted and/or lease terminated?

His girlfriend bailed him out of jail today and we don't feel comfortable with him living here anymore. We have two children and the police have basically told us we have to keep a closer watch on them and they aren't allowed on their own at the house because he may be there or come home... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 25, 2017

You can try to buy-out the tenant's interest or reach a private agreement for the tenant to leave. You cannot force an eviction or termination of the lease unless you are allowed in the lease agreement. If there is violence directed towards you or the children you can proceed with either an... View More

1 Answer | Asked in Real Estate Law for Colorado on
Q: Do I have to share an inspection report I have not seen from a buyer where the deal fell thru to a new seller Colorado
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 21, 2017

Review your sales contract with the new buyer for details. Usually, a prior private inspection (or one done via a failed sale) does not need to be released. HOWEVER, if the inspection discovered a material defect in the home you are REQUIRED to disclose the defect (per Colorado law and most sales... View More

1 Answer | Asked in Real Estate Law for Colorado on
Q: there is a 50' easement road in front of our property, we want to increase that

there is an easement road in front of our property for assess to the people down the road. right now we have a piece of paper that says the easement is 50' wide which comes onto our land by about 10 feet. we would like to put up a fence to enclose our property which would be about 25 feet of... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 20, 2017

You will need to contact a lawyer directly for a legal opinion. What you are proposing is limiting an easement for aesthetic purposes. You can consider hostility restricting the easement, but that is something best discussed with an attorney directly (there are many negative consequences if you are... View More

1 Answer | Asked in Real Estate Law for Colorado on
Q: My nephew paid $65,000 to pay off a mortgage. Now owner will not sign it over. Where do we turn for help?

My nephew has a TBI. I am his representative payee. He did this verbal agreement behind my back. The owner is his ex mother-in-law. He had to leave the house due to domestic dispute with a restaining order.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 19, 2017

Contact a lawyer. The value and nature of the claim is likely outside the scope of small claims court. That said, your nephew should be entitled to either a return of the money or pursue legal action to force the seller to sign over the deed.

1 Answer | Asked in Real Estate Law for Colorado on
Q: illegal HOA formed asks for assessments for years via mail, has filed policies to collect. Are there CRS to protect us?

Association formed without the consent or vote of any kind in our subdivision, now they have an attorney that will cause burden on us all, many people have tried to rid our subdivision of this fraudulent POA without success. Most people move out rather than deal with them.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 16, 2017

You will need to contact a local attorney who can review all the materials related to the HOA. You are correct that HOAs usually must be empowered via a prior contractual agreement. This usually occurs with the first sale from the builder and continued with every subsequent purchaser. A post-fact... View More

1 Answer | Asked in Real Estate Law for Colorado on
Q: My neighbor has a camera pointed directly at my front door and bedroom. How can I ask them to change the angle of it?

Weld County Colorado. The camera provides no surveillance of the owners property.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 15, 2017

You can simply ask they to change the angle. At issue is whether the camera use is an improper invasion of your privacy. While an attorney would need to review all the specifics, there is nothing improper with a private party pointing a camera at the front of someone's home. This can be less... View More

1 Answer | Asked in Real Estate Law for Colorado on
Q: I bought vacant land in CO. The land is 50% sellers and 50% his deceased fathers. How do I get the land 100% in my name?

The Colorado land was deeded to the seller's father and mother. His mother then used a warranty deed which states she is the sole owner to deed it to her son. The county has information online that states the land is 50% the son's and 50% the deceased father's.

I do not live... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 14, 2017

You have two options. First, you can wait for the deceased father's estate to be probated - this will allow you to either make a claim for the land or negotiate with the new beneficiary. The downside of this approach is that Colorado allows up to 3 years for an estate to be probated (and at... View More

1 Answer | Asked in Contracts and Real Estate Law for Colorado on
Q: I am under contract with a builder and the executed contract states in an addendum "Seller agrees that Purchaser will

option to reconfigure the laudry room layout to accommodate a have the option to reconfigure the laundry room layout to accommodate a half bath. Additionally, the seller agrees to explore the possibility of a three quarter bath, but Seller makes no representation that it is a possible design... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 13, 2017

This question requires specific legal advice and opinions. This is beyond the scope of Justia's Q&A (which provides general legal advice). For specific guidance you will need to contact (and likely pay) an attorney directly.

1 Answer | Asked in Antitrust and Real Estate Law for Colorado on
Q: Regarding CO HOA. ANtitrust?

Local HOA seems to require that homeowners buy their storm doors from one particular reseller. Isn't that an antitrust violation? I know they can dictate color and style, maybe even brand, but can they force a homeowner to buy from a particular seller or store?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 13, 2017

It is not an antitrust matter. The HOA does not meet the requirements to be subject to antitrust laws. HOA requirements of a purchase from a particular dealer arguably have a rational basis to allow the hyper-conformity that some HOAs require (no comment on whether HOAs de facto transform home... View More

1 Answer | Asked in Real Estate Law for Colorado on
Q: Can my neighbor who bought the private road on which I live, and which is the only access to my house, limit my access?

I live on a triple dead end and own 4 contiguous homes in the neighborhood while my neighbor's extended family owns 7 contiguous homes, 2 of which have been built in the twenty years since we bought our home from his cousin and the other 3 from his uncle. He bought the private road that goes... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 12, 2017

Your memory is correct. Being the law, there are always complexities, but the dominant (original) estate and its successors cannot restrict or prevent access to a prior authorized servient estate if the only means of access is via the dominant estate. Moving out of English common law, you very... View More

1 Answer | Asked in Criminal Law, Real Estate Law, Animal / Dog Law and Landlord - Tenant for Colorado on
Q: My landlord came into my apartment and took my 5 month old kitten while I was away for a little over 24hrs what can I do

She had a full bowl of food and a full bowl of water I believe my kitty is inside his house and have been told so by one of his workers what can I do and how should I go about getting my cat back I've been waiting 5 months for hot water and heat also

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jun 7, 2017

You can sue your landlord in civil court to get your kitten back.

You will also need to notify your landlord in writing that you do not have heat or water and give him/her 30 days to rectify the situation. If he/she does not, you can put your rent in escrow until the problem is fixed.

1 Answer | Asked in Contracts and Real Estate Law for Colorado on
Q: Can i sue for breach of contract, for survices payed for and the dealer lied about the service being done.

I bought a modular house from a dealer, when they brought both halves of the house to my property and put it on the foundation, in their buyers contract they are to complete interior and exterior trim out on main level of home. They assured me that the exterior walls was sealed with spray foam.... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 9, 2017

Review the sales contract. From your facts you have reasonable grounds to sue. While you can technically pursue an award in small claims court, there may be legal issues that will necessitate a lawyer. It is recommended that you at least consult with a lawyer to see what the lawyer thinks of your... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Colorado on
Q: can i charge a tenant for serving them a 3day pay or quit in Aurora Colorado

rent is due on the first if i pay on the second i get charged 125.00 late fee and 50.00 delivery fee of the 3 day notice.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 3, 2017

Review your lease agreement. Landlords are allowed to charge penalties and interest for late rent. There is a test of reasonableness of the fees, but only a judge can decide if the fees are reasonable or not.

1 Answer | Asked in Real Estate Law for Colorado on
Q: Three people bought property in Colorado. We built a cabin last summer, not quite finished. two investors abandoned it,

they moved to Kansas. The acreage is the only matter on paper, signed by all three. Thecabin material is on a loan at Home Depot in only one name by one of the abandoners. Can they make me buy them out of make me sell?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 2, 2017

There are several issues here.For the land, a sale cannot occur without approval of all people on the deed. Any person on the deed can force a sale (via a court order), but doing this will require either a private agreement from all parties on the deed and/or a small trial (in Colorado) to... View More

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