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just moved out of an apartment in Colorado and the landlord will not give me a breakdown of what my water sewage and trash is to match the total amount I am being charged. A new management company took over the apartment complex the last two-and-a-half months I was there and as soon as they took... View More
answered on Oct 5, 2016
The management company must provide a detailed bill upon request. You may need to contact an attorney. Free to low cost assistance can be found at this link: http://www.intotolegal.com/upcoming%20Events/Pro%20Bono%20Services.html .
Everyone is saying that they saw no signs of leaks or mold.
answered on Sep 14, 2016
Contact a real estate attorney. The attorney will need to review your closing documents. If the home is new, there is likely a warranty. If the home is older, you potentially can claim fraud or misrepresentation. Again, there are a lot of unknowns here, so the best advice is to contact a real... View More
if i have a house in a typical ownership and want to get some of the equity now by selling the land and putting the house into a land lease deal, like in commercial or condo property, can i do that here in Colorado?
answered on Sep 6, 2016
It is possible to alienate parts of a fee simple property in Colorado. What you are proposing is complex and you will need to contact a real estate attorney. Some basic issues are: (1) zoning; (2) financing from a lender (especially difficult if you have an existing mortgage); (3) drafting an... View More
answered on Sep 6, 2016
The short answer is "yes." They are two separate interests. However, depending on who the other owner is and whether the loan was made prior to the transfer of title, the deed of trust securing the loan may contain a "due on sale" clause. This is generally not effective against... View More
My boyfriend and I live with our one year old son and two large dogs (7mo and 8yrs) in an rv. Today, 08/31, we got a notice that our tenancy is terminated as of 09/02. We went and talked to the park managers wife and she said we are getting kicked out because of "not picking up the dog poop... View More
answered on Sep 1, 2016
The amount of protection that you receive is partially defined by the nature and use of the park. If you are temporarily living there (more like a hotel/motel) an one week eviction notice may be reasonable. If you are permanently living there (i.e. living without interruption for several months or... View More
He has borrowed 800,000 on a line of credit using an old power of atty. Can I petition the court to force a sale
answered on Aug 30, 2016
Yes you can force a sale (assuming you are on the deed or have an interest stated in the separation agreement). Also the power of attorney should have been voided after your divorce became final (unless your separation agreement stated otherwise). I highly recommend that you contact an attorney... View More
The appraisal information was suppose to be submitted awhile ago and is past the date state on the agenda form for when things need to be meet deadline form, if we don't close on this house because they never submitted in time, who is liable for lost costs etc, and is civil suit appropriate to... View More
answered on Aug 23, 2016
Unless the purchase agreement stated "time is of the essence", delays do not necessarily cause a breach in the agreement. In other words, a reasonable delay likely will not have an impact on most agreements (closing can still occur on the 25th or be delayed). That said, if you do not... View More
I began renting from an acquaintance 5/15/15 with a verbal agreement only. Now she has decided to sell the home. On August 1st she texted that she would like me to find a place by Sept 15th, the rental market here is crazy so I began looking right away. I have found a place, how much notice do I... View More
answered on Aug 14, 2016
Based on your information, it appears that you had a month to month lease. The landlord appears to have given you a month and a 1/2 notice that the lease agreement will terminate. If the agreement was month to month, this would be sufficient notice (technically 1 month from the due date of the rent... View More
My significant other is trying to sell our home. He is on the mortgage, but we are both on the title as joint tenants. I do not pay as much each month as he does, but I do contribute to the mortgage every month, as well as paying other household bills myself (electricity, Internet, waste services).... View More
answered on Aug 10, 2016
If you are a joint tenant (on the recorded deed) you have a legal interest in the property. This interest has no relation debt payments or maintaining the home. The home can be sold, but the interest must be divided (presumably at 50-50% or whatever allocable portion that has agreed to). The... View More
Does this mean that I need to hire a professional cleaning service and have all the carpets cleaned professionally?
answered on Aug 8, 2016
This is not a standard "term of art" for the legal community. Try looking at the document to see if a definition is provided. If not, you need apply to a "plain and ordinary reading". My personal reading is that a professional or a non-professional can clean, but it must look at... View More
answered on Aug 5, 2016
Check with your contract, but generally the listing must removed after closing. From the point of an offer to closing the home is usually listed as "under contract". Be aware, removing listings from the books/internet and having the seller accept new bids after an offer has already been... View More
Nothing was done with title of house it still in my mothers name im the only child of both parents they were legally married both my mother and father passed with now will
answered on Aug 4, 2016
The legal term for dying without a will is intestate. The intestate rules (some times called the default rules) typically give a spouse at least 1/2 of the deceased's estate and divide the other half between the legally recognized children over 18. In your case, it appears that your... View More
We have a property that my wife's parents bought and started building a house on. But they gave up paying the taxes and the property went up for an auction unless back taxes were paid. My wife and I paid the taxes and have continued to pay them. My wife's father has signed over his part... View More
We have a property that my wife's parents bought and started building a house on. But they gave up paying the taxes and the property went up for an auction unless back taxes were paid. My wife and I paid the taxes and have continued to pay them. My wife's father has signed over his part... View More
answered on Jul 30, 2016
You will need to contact a real estate attorney directly for advice with your situation. As a general rule, paying taxes and receiving the father's share give you an interest in the property. The mother can force a sale, but you can offer to purchase her portion. If nothing else you should... View More
The townhomes were built close to 40 years ago.
answered on Jul 25, 2016
Check with your HOA agreement, but the normal rule is that the homeowner is solely the owner of the land and improvements on it (except common areas/abutting improvements). In other words, bentonite is likely the responsibility of the homeowner.
We submitted an offer and seller's agent didn't submit it although we were the only offer. Meanwhile, she received a higher offer ($3,000) and submitted it and got a contract. Broker said our Pre-qual letter wasn't high enough, yet house sold for under amount in our letter amount... View More
answered on Jul 21, 2016
The sellers are not required to respond or accept any offers (if they choose). The seller's agent is generally required to share all offers to the seller, but a violation would make you (the potential buyers) at best a 3rd party beneficiary [the violation would be to the sellers]. It sounds to... View More
The owner of the property has repeatedly lied to me over email. They said they would allow me to rent until I could buy the house on my own in a few years. I moved in 7 months ago. Now, they are selling the house fast, and the real estate people are being extremely rude and inconveniencing me at... View More
answered on Jul 19, 2016
Review your lease to seek what (if any) conditions allow you to terminate the lease. Note, if you signed a lease with a fixed term (e.g. 1 year), the landlord CANNOT evict you from the rental (but can change ownership on the deed) until the lease term expires. If the sale does occur, you are still... View More
The seller stated that he "did not know" if the property was in a flood plain. His listing agent has told us that he has been paying for flood insurance. Paying for flood insurance is a deal breaker for me. If he stated that it was in a flood plain on the SPD, I would not have proceeded... View More
answered on Jul 16, 2016
Without having all the legal documents I cannot provide a definitive answer. You can probably make a claim, but the claim is not exceedingly strong (the buyer does have a duty to reasonably investigate and having flood insurance does not necessarily prove that the seller knew the property is on a... View More
answered on Jul 15, 2016
It depends on several factors. The first issue is for what type of good/service. Based on your tags, I will assume this is for real estate. In that case, the rules tend to be more strict, BUT the real issue will turn of what the parties do. If there is acceptance via action/inaction (aka... View More
They use one company do to the appraisals and they charge $500 for a ranch style house on .8th of an ache. My understanding is they can not use one company to do this that it has to be bid out essentially so they could not have collusion with one company. Am I correct?
answered on Jul 14, 2016
The lender can choose to restrict who does the assessment. Of course, you can also choose to go to another bank...
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