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My ex wife if 50% owner of the property and is trying to make me sign an agreement that I will pay the mortgage 11 days before it is due, pay her $100 per month once the 2nd mortgage is paid off (half of what the 2nd mortgage payment is), and give her a security deposit? I have been living in the... View More 
answered on Mar 10, 2016
You have two separate issues here (they do overlap, but they can be treated separately). (1) you and the management company: this is a simple contract; if you want to terminate the lease review the procedures for termination and early termination (be aware you may be locked in the lease for 1... View More
We submitted a contract on a home that stated it came with a home theater in the MLS. They countered saying the theater wasnt included (they only gave us 45 minutes to respond and we missed the window) - their agent went and changed the listing to say home theater NOT included. My agent... View More
answered on Mar 3, 2016
First, check you agreement with your broker to make sure there is no provision prohibiting direct contact (I have never heard of or seen this type of limitation, but you should check). There are no legal restriction preventing you from directly contacting the seller or the seller's broker. Be... View More
answered on Mar 2, 2016
First review the purchase agreement, land sale contract, and description of the property associated with the deed. Look for the term "fixture" or description of the shed. If the term is not described, then a facts and circumstances test is required (this means reviewing Colorado case... View More
The other co-owner also owns another residence, would this new residence be considered a vacation home and would they have to pay extra taxes? Finally, do both parties have to take out the mortgage jointly, or can just one party take out the mortgage?
answered on Mar 1, 2016
There is no requirement that a joint property owner reside in Colorado. All the documents can be faxed/mailed/sent via email and signed out of Colorado. I'm not sure what you mean by extra taxes (there is no special tax for second homes, just reduced deductions versus a domicile/primary... View More
I am wanting to make an offer on a piece of property. I feel the agent that has it listed is only going through the motions. He has told the person helping me that waiting to see the house in ludicrious. He is the one that has it listed. He doesn't have the keys says that the property is being... View More
answered on Feb 23, 2016
The seller is the party that reviews, so presumably this is the petroleum company. I can think of two reasons why the broker is acting disinterested. One, the land is undermined and the home may not be habitable. Two, with the decline in oil prices the company is cash strapped. In either case,... View More
Do the Sellers have? They can't accept FHA on uncertified community. They now lost contract on their new home because their down payment was from the proceeds of a contract from an intentionally lying Buyer. The Buyer was told only CONV offers would be accepted.
answered on Feb 2, 2016
Review the offer, but normally you as the seller gets to keep the earnest money (aka money down). You may need a lawyer to review the documents.
I closed on a condo thinking I knew the HOA fees. I found out that the HOA doubled the fees a month before I closed but was never informed by the seller or the listing broker, or the HOA for that matter. The seller is arguing that they never got the letter or email about the decision to increase... View More
answered on Feb 1, 2016
Yes the seller was required to update the information about the changing HOA fees. The broker may or may not have known about the change (the duty to inform is placed on the seller). The HOA is usually not required to inform potential buyers since you are not technically an owner/member until after... View More
I talked to a realtor do have my house listed.
He sent me the listing agreement, which I never signed. He ran comps for me.
He put a lock box on the house without me knowing.
I want to use a different agent instead, but he needs the keys to get in the house.
The... View More
answered on Jan 30, 2016
Commissions are typically tied to the listing agreement. Since, you did not sign anything there is no evidence of an agreement. An oral contact is remote possibility, but is unlikely (esp. since the property is real estate). If you want to be totally protected, send realtor 1 a letter stating that... View More
The agent did not show the home nor has the listing been active since 10/15 but she had a 120 day hold over. A buyer has come forward that I showed the home to. Does the real estate agent have any right to a commission after the hold over period has expired?
answered on Dec 29, 2015
Check your agreement for specifics. From your facts, the holdover period is currently active. Unless the agreement states otherwise, the tolling (counting) for the potential buyer would be on the date you were contacted (i.e. covered under the holdover period). Therefore, the agent would have a... View More
I am looking at purchasing a home. It appears that the original home was around 2500 sq ft with 2 bed, 3 bath & a basement - this is what shows in the public records. The basement has been built out with additional bedrooms & bathrooms, but does not show up in the public records. How... View More
answered on Dec 8, 2015
Normally the basement would be included in the appraisal. Contact an attorney to review the specifics of an unrecorded improvement and how this can be corrected. As an aside it is entirely possible that a lender would know about the improvement from homeowners' insurance or collateral on a loan.
Seller had something installed before closing, and says we should pay him back for it which I don't think we have to since it's not in the contract, however, he text me yesterday to collect the money stating that his realtor told him to contact me. Can she give out my private number like... View More
answered on Dec 1, 2015
There is nothing inherently unethical or illegal in providing contact information to a buyer or seller unless the purchase agreement stated otherwise or you specifically requested that you should not be contacted. I cannot comment on the substance of the seller's claims, but as a general rule... View More
My daughter recently purchased a home from a seller where the home was a "fix and flip." She has lived in the home approximately three weeks. They discovered that the master shower pan was leaking on the floor. Initially, they thought it was just excess water that was due to getting in... View More
answered on Nov 20, 2015
It is hard to say if there is a case. The fact the deal closed does not necessarily preclude legal recourse, but it does make undoing the deal more expensive (and time consuming). Contact a lawyer to review the specifics of your daughter's case. Normally, buyers assume the risk of defects in... View More
I looked at a house and the realtor of the seller asked me if I had a realtor I said no. He said if we use him he can save us some money. But on the contract he said he was a buyers broker and said he was looking out for us but the seller was his too. Doesn't he have to become a transaction... View More
answered on Oct 15, 2015
The broker is violating the law. You may want to file a complaint with the state. Brokers can represent both side in specific circumstances, but there are a lot of limitations. You are correct, the broker must be neutral to "represent" both sides.The broker is NOT representing you, the... View More
Agent was not tending to my best interest. My home in CO was 'under contract' which I thought the buyer had put earnest $ down. CO agent left for vacation in Mexico. Her co-worker called to tell me the buyer for my house failed to put earnest $ down and disappeared. Recommended I cancel... View More
answered on Oct 14, 2015
It partially depends on the agreement you signed with the agent in FL and CO (the FL agreement being the most important). If you had a contingency clause (the FL purchase was conditioned on the sale of your CO home, you should get your down payment/earnest money back). If the is no contingency... View More
Tenants in Common. 50/50 ownership. Colorado. We bought a home to fix and live. We had a falling out and she wants no reasonable resolution only to cause me as much grief as possible. My question is can I give her what she wants by signing over my portion of the home so she is full owner, and then... View More
answered on Oct 4, 2015
You can sign over your ownership interest, but the lien may not go away. If the lien is only on the property you can be excused from the lien provided you make a valid transfer and give the creditor notice. However, no creditor that I've ever seen attaches a lien without adding a proviso that... View More
answered on Sep 14, 2015
Read the contract. An attorney cannot give you an answer with such incomplete information, go see a local real estate attorney for a full discussion about this.
A bulk mailer was sent out all over by an agent. My picture and listing was on it saying that the agent sold it to first time home buyers. She did put 'buyer's agent' on it as well. I don't think this is right, but I can't find anything on it.
I don't think... View More
answered on Sep 8, 2015
Well, was the home sold? Why is it that you do not think this is right?
answered on Aug 1, 2015
I don't understand the question.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is... View More
I want to sell the house by the end of March so I don't have to pay the taxes. Then I can divide the money with my sisters once it's sold.
answered on Feb 9, 2015
If the home was only in your Dad's name with no joint tenant, you must open a probate estate and have yourself appointed Personal Representative. It sounds like your Dad appointed you in his will, so the court proceeding should be easy and inexpensive. Once you are appointed and issued Letters... View More
Shortly before she died in 2013 she created another quitclaim deed (joint tenancy) with a third party.
Quitclaim Deed Joint Tenancy 1 (My Name, My Mother's Name)
Quitclaim Deed Joint Tenancy 2 (My Mother's name, Third Party)
What % share am I entitled to upon the... View More
answered on Feb 5, 2015
Your Mom's conveyance of the 2nd deed destroyed the joint tenancy between the two of you. You became tenants in common with her. In the absence of language to the contrary, you are each presumed to own 50% of the property. Her new deed to the third party created a new joint tenancy with the... View More
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