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Colorado Questions & Answers
1 Answer | Asked in Real Estate Law for Colorado on
Q: When purchasing a lot in a platted rural subdiv is an Improvement Location Cert. ok, or should require Land Plat Survey

Contract for vacant building lot specified a Land Plat Survey and seller provided a Improvement Location Certificate. The ILC specifically says it is only for Title co. and is not to be relied on for establishment of fence, building or other future improvement lines. Spoke with Surveyor who... Read more »

Donald C Eby
Donald C Eby answered on Oct 16, 2019

Is a Land Plat Survey today valuable to defend encroachment claims in the future? Not likely.

Is a Land Plat Survey more valuable to a buyer than an ILC? Yes

1 Answer | Asked in Uncategorized for Colorado on
Q: Someone threatened me and he said that he is gonna kill me so what can I do

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William Jaksa
William Jaksa answered on Oct 15, 2019

Police will investigate and depending on what they learn and believe they may lay criminal charges, or caution the guy. A lawyer can write and serve a cease and desist letter instruction the person not to contact you again. In some jurisdictions, you can ask for a peace bond if you fear for your... Read more »

1 Answer | Asked in Real Estate Law and Construction Law for Colorado on
Q: We flipped a home 5 years ago, and 2 buyers later, the new buyer is suing us for shouty workmanship.

She is stating the the floors are not level. At first their claim was we finished the basement with non floating walls, but when they found out that the basement was already finished, they are now stating well it must be something we did upstairs.

Donald C Eby
Donald C Eby answered on Oct 15, 2019

You should consult an attorney to assist you in defending yourself against these claims. There are likely other facts that need to be discussed but it is possible that you could make a claim against the Plaintiff for attorney fees to defend yourself against this lawsuit.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Colorado on
Q: My question is in regards to property lines for a new build, the property line is against a public trail, unfinished.

I live in Colorado and when my wife and I did the final walkthrough of our new home, they showed us the property lines and the builder also already installed the front yard landscaping to make it easier to see which was roughly 9+ ft off of the right side of the house. However, yesterday when I... Read more »

Donald C Eby
Donald C Eby answered on Oct 15, 2019

The ultimate issue here is who is correctly identifying the property line, the builder or the new claim? And, if the builder was wrong do you have a claim against him or against your title insurance?

You should bring your facts and evidence to an attorney to review, he may be able to...
Read more »

1 Answer | Asked in Estate Planning for Colorado on
Q: If my father was a beneficiary of a will before his death, am I now the beneficiary when that estate sales property?

My father was in my grandmas will upon her death in 2015. The estate has been sitting with real property. My father passed in December of 2018. I am the executor of his estate. Am I entitled to my father's portion of my grandmother's estate and listed in her will? Or is my father's portion... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 15, 2019

Most likely your father lived long enough for his inheritance to vest in him but the only way to know for certain is to review your grandmother’s will. Whether you inherit from your father and to what extent depends on what his will says or, if he did not have a will, what next of kin survived... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Can I file a motion to restrict or something if my ex is refusing to take our 3 year old to preschool and our MOU states

I am decision maker, I enrolled her in school, he was on board but now finds it inconvenient to take her and pick her up.

Sabra M. Janko
Sabra M. Janko answered on Oct 15, 2019

Your options depend on whether the MOU was issued as a court order and if the agreement required your ex to pick up and drop off your child at school. You can modify a MOU if you find that it does not meet your needs. If it has been issued as a court order, you can stipulate to a modification.

1 Answer | Asked in Contracts, Business Law, Civil Litigation and White Collar Crime for Colorado on
Q: What can happen to a notary that notarizes completely blank POA's? He tells people to fill them out later.

This guy works for the county jail. He passes them out to inmates. What can happen to him? I know this is wrong. They are complete blank, nothing filled out. He just notarizes them like this.

William Jaksa
William Jaksa answered on Oct 14, 2019

In my jurisdiction he would lose his ability to be a notary; if he's a licenced paralegal or lawyer there would be sanctions from the law society; depending on the context and extent there could be criminal charges for breach of duty or fraud.

1 Answer | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for Colorado on
Q: I live in Colorado and I rent an apartment/condo. My neighbor threatened to kill my dog, what legal action can I take?

I have reported this to my subdivision leasing office. Then it happened again today so I called the main leasing office and they advised me to call the police. The police came and spoke with me, then spoke with the neighbor. He admitted to saying he would kill my dog but claimed he didn't say it... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Oct 14, 2019

If you do not feel safe, then your best option might be to break your lease and move. If the threats continue or escalate, you might also be entitled to a restraining/protection order, but that all depends on whether or not the cops will press charges.

1 Answer | Asked in Family Law for Colorado on
Q: Currently charged with DV which is not settled yet. My wife and I have agreed upon a fair sharing time, which include

Over night stays, of our 3 year old daughter. We’ve been on this schedule for a few weeks now. My question is if I file for a legal separation and my wife still agrees to this fair sharing time will a CFI still be required? If CFI not required could the courts decide on a different sharing time... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Oct 14, 2019

You are not required to have a CFI. You don't need one if you have a parenting agreement. The court may impose a different agreement but usually will accept whatever the parties agree to, unless the court finds that the agreement is not in the best interests of the child.

however, be aware...
Read more »

1 Answer | Asked in DUI / DWI for Colorado on
Q: Can I be pulled over for having a quarter sized hole in my tail light?
Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Oct 12, 2019

In my opinion yes. The traffic offense is called “defective vehicle” and it can be the basis for a traffic stop as a rear light cannot be broken.

1 Answer | Asked in Divorce for Colorado on
Q: Im going through a divorce and have reachd the seattlement they removed spousel support should i take the deal
John Hyland Barrett III
John Hyland Barrett III answered on Oct 7, 2019

It is impossible to advise you about this without knowing all the facts of your financial situation. you should consult with an attorney who can so advise you afte s/he has the information needed to make a recommendation to you.

1 Answer | Asked in Civil Litigation and Small Claims for Colorado on
Q: Can you sue an undocumented immigrant in small claims court?
Nelson Patrick Boyle
Nelson Patrick Boyle answered on Oct 4, 2019

Ostensibly, yes. Just like any case, the constitution and the court rules require that you have to serve the person with the lawsuit. If you succeed, then you can proceed. Many small claims courts have "law clinics" for people representing themselves. There's some forms and resources available on... Read more »

2 Answers | Asked in Criminal Law for Colorado on
Q: Can I get out of a warrant?

I was issued warrant for FTA while in hospital.I have letter from Dr.stating when I was admitted & discharged

Gary Kollin
Gary Kollin answered on Oct 2, 2019

So hire an attorney so he/she can utilize the evidence

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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: The Security Deposit Refund was mailed 62 after my lease ended. Can my landlord still withhold my damages?
Donald C Eby
Donald C Eby answered on Oct 2, 2019

Assuming your calculation is correct, your Landlord lost his right unilaterally withhold for damages. Your next step is to send a 7-Day demand letter before initiating a lawsuit under the Colo Sec. Dep. Act.

Good Luck!

1 Answer | Asked in Civil Rights, Consumer Law, Small Claims and Criminal Law for Colorado on
Q: My friend stored my wedding dress at her house. I have asked her for it back. She says she never had anything. Help!

This happened in Colorado, I now live in Kansas. I've asked to have a friend come by and pick up the dress. She says she never had anything. Can I sue her for the amount of the dress or the dress back?

Tim Akpinar
Tim Akpinar answered on Oct 2, 2019

Such a case could be difficult without some form of proof. A judge/jury would look at your assertion and the other side's denial, and not have a means of deciding the matter without some evidence to support your position. Good luck

Tim Akpinar

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a landlord charge me for damages if a walk through was never performed before and after moving out?
Donald C Eby
Donald C Eby answered on Oct 1, 2019

The is no legal requirement for a landlord to perform a walkthrough with a tenant. If you dispute the charges you should refuse to pay and then bring a lawsuit or bring a counterclaim if the Landlord brings a claim against you. The Landlord will have the burden of proof.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: our basement flooded on August 1st due to a bad sump pump-ruining the carpet, can i short pay rent until it is fixed
Donald C Eby
Donald C Eby answered on Oct 1, 2019

Withholding rent is always a risky maneuver. May you have a right to claim a Warranty of Habitability issue or a constructive eviction as a result of the flooding? Yes - you may but I recommend that you consult with an attorney about the facts and your possible courses of action before you... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a landlord charge for the full lease?

we were evicted early in a lease for nonpayment- I get it, not fighting that. We're trying to pay it down, but I was wondering can they charge us for the full amount of the lease if the apartment has new tenants? Technically arent they're getting paid twice for the same unit? Is that legal?

Donald C Eby
Donald C Eby answered on Oct 1, 2019

You are correct - A Landlord in Colo is not allowed to "double-dip" in the collection of rent from former tenants. If the Landlord has filed a Complaint against you in an attempt to obtain a judgement you should contact an attorney to assist you with this matter.

1 Answer | Asked in Estate Planning for Colorado on
Q: Is there a legal time limit for an executor to close an estate and make disbursements in Colorado?

We have been waiting 22 mos with it not contested or in probate. Is there a time limit law?

Nina Whitehurst
Nina Whitehurst answered on Oct 1, 2019

Probate should be opened within three years after the date of death, but there are exceptions to this rule. The important thing for you to know is if the executor of the will has not opened a probate by now, there is nothing to prevent any other interested party (such as an heir) from opening a... Read more »

1 Answer | Asked in Bankruptcy for Colorado on
Q: I have a title loan on my vehicle and want to file c7, I want to continue paying on my title loan to keep the car, how?

I know I have to list it in the bk. But how does this work if I have to claim it in the c7. Do I include it and just keep paying on it?

Timothy Denison
Timothy Denison answered on Sep 30, 2019

List it. The lender will contact you to sign a reaffirmation agreement (agreement to keep paying to keep car). If you sign the reaff, you keep paying and you keep the car.

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