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Colorado Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Car Accidents and Wrongful Death for Colorado on
Q: Can I get a car manufacturer to immediately repurchase a vehicle for a critical safety defect?

At 6.5 mo/6762 miles, while driving 79-80 mph (in a 75 zone), without warning it did the following:

Loud sound under hood

Engine stopped

Electrical system shut down, inc. dash/audio

Rapid deceleration (engine braking, still in drive)

Power steering/braking... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 4, 2018

Generally, no. Contact the center for auto safety to see if there have been similar complaints on that model.

1 Answer | Asked in Bankruptcy and Consumer Law for Colorado on
Q: How do i report a storw in colorado that wont let me use bathroom i have IBS
William Foster
William Foster answered on Dec 28, 2017

Stores are not required to provide bathrooms to customers.

1 Answer | Asked in Animal / Dog Law, Construction Law and Consumer Law for Colorado on
Q: hi..a dog ran out of a house today when we were carrying in equipment to do their hardwood floors, - it was hit by a car

and died on the spot , should we still bill them for the job? $3000

Juliet Piccone
Juliet Piccone answered on Oct 11, 2017

I would suggest offering to credit their bill in exchange for a full and final release of liability for the damages ie death of their dog. I can draft such a document.

1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Colorado on
Q: My daughter received school loans and needed a cosigner at the time she is now 33 I'm am now being sued for her loan

Now that she is older is there anyway I can be taken off of these loans because I have my own school loans that I'm paying back?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 8, 2017

Short of your daughter refinancing the loan (and not having you as a cosigner or guaranteer to the loan) or repaying the loan, there is no way to remove your name.

1 Answer | Asked in Business Law and Consumer Law for Colorado on
Q: Is it legal for a car dealership to sell a car while it is off the lot and being test driven by another person?

My wife and I were test driving a vehicle that we had a licensed broker pick up for us to show us the car. While we were test driving the vehicle, the dealership began paperwork on the sale of the vehicle and demanded it to be returned to the dealership by the broker agent. Is this legal or just... Read more »

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

Unless you or your broker had a contractual arrangement to hold on the sale of the vehicle, the dealership can sell a car that is not on the lot and/or is being test driven. If the dealership "sold" the car without really selling the car to simply prevent the broker from forcing a discount on the... Read more »

1 Answer | Asked in Bankruptcy and Consumer Law for Colorado on
Q: have 65k in CC debt, have 112k in reverse mort debt. wife and I live on 54k yearly. Home is valued at 400k.options?

What is max amt on value of home - don't want my home touched.

Timothy Canty
Timothy Canty answered on Aug 14, 2017

The Colorado homestead exemption is $75,000, or if you are over 60 years old or disabled, $105,000. You must have a been a Colorado resident for at least 2 years in order to use Colorado exemptions. Any equity over those amounts must be turned over to the trustee to pay creditors. This will usually... Read more »

1 Answer | Asked in Contracts, Business Law and Consumer Law for Colorado on
Q: Is it legal to have people sign a non-compete when testing out a dating method? Please read more for details.

I've developed a method that deals with males addressing anxiety issues and other common inhibitions when it comes to approaching and talking with females in a fun, flirty or romantic nature. I've begun trial runs and things are going well. The girls I'm using for the males to work with (the girls... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 6, 2017

The non-competes would be very difficult to enforce under Colorado law. The "test run males" are not working for you they are the customers.Non-competes can't be enforced against customers, you can't stop someone from using another firms services. You could ask them to sing non-disclosure... Read more »

1 Answer | Asked in Family Law, Collections and Consumer Law for Colorado on
Q: My father and I own a motorcycle and vehicle together if he gets sued do I lose the property? How does that work?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Aug 3, 2017

If you are both on title, then you and your father are co-owners. The motorcycle can be included as property for both your and your father (i.e. it is a potential assets in a lawsuit). If judgment includes the bike (meaning that no other assets can meet the payment required by a successful lawsuit... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Colorado on
Q: I have a bill of sale for a vehicle but the seller will not hand over the car, what do I do?

We have a bill of sale and receipts for payments on the vehicle, but the seller wont return any calls to do the last transaction and get the vehicle.

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

You will need to take them to court. This likely can be handled in small claims court. The forms can be found at the CO Courts webpage. A lawyer can assist (or wholly handle) this matter, but a lawyer is not required (esp. for small claims cases). Prior to filing it may be advisable to send a... Read more »

1 Answer | Asked in Consumer Law and Traffic Tickets for Colorado on
Q: Can a tow company charge you to recover your belongings out of the car that was repossessed?

I've read all over the Internet that they cannot do that but nothing states whether or not that is true in Colorado I would like to know before I go and try to resolve it.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jul 6, 2017

No, you cannot be charged for retrieving personal property from a repo-ed vehicle. The items cannot be removed or collected (up to a time limit of presumed abandonment). If it is a problem, send a certified letter requesting the materials back. If this fails, contact the state AG's office.

1 Answer | Asked in Consumer Law, Criminal Law, Products Liability and Civil Rights for Colorado on
Q: Is it illegal to trade items with people under the age of 18.

specifically ages 15-17

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

It is not illegal, but sales to minors may be voidable (meaning the minor may be able back out of the deal post-transfer for most non-"essential" goods).

1 Answer | Asked in Banking and Consumer Law for Colorado on
Q: Is it legal in Colorado for a bank to require a divorce decree to approve a loan when divorce isn't even intended?

We are separated, have no intent to file for divorce any time soon. Loan is submitted by hsbnd to build house for wife. The loan underwriter is close friend of wife and used personal info to deny loan. All other criteria were met to qualify for the loan. The bank wants a letter from both of us... Read more »

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

Divorces can significantly impact the income, expenses, and ownership of marital property. Since you are still married, both parties' property is potentially still part of the marital estate and subject to division. Overlap the differences in state law (e.g. CA is a community property state) and I... Read more »

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Colorado on
Q: We purchased a home at the end of February which included a one year home warranty. The title company did not pay the

warranty company at the time, and now say they did not receive an invoice. We filed claims in June, not knowing we were not covered. At this point we were informed they had not paid the warranty. The title company sent the check, and told us it was resolved. The warranty company says our account... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jun 26, 2017

You should contact a real estate attorney. Based on your facts there is a significant possibility that the title company is liable for the warranty amount, but an attorney will need to review all the documents to make sure. Since this involves litigation (and not just asking free advice) you should... Read more »

1 Answer | Asked in Family Law, Consumer Law and Probate for Colorado on
Q: My dad passed away 3weeks ago mom is still alive sister borrowed car now will not return it has a lein on it how can we
John Hyland Barrett III
John Hyland Barrett III answered on May 30, 2017

THE "OWNER" OF THE CAR CAN TAKE ACTION TO RECOVER IT. IF THAT IS YOUR MOTHER, SHE CAN DO IT. IF THE CAR IS TITLED IN YOUR DAD'S SOLE NAME, THE PERSONAL REPRESENTATIVE OF HIS ESTATE CAN DO IT. POSSIBLE ACTIONS: HAVE THE OWNER JUST GO GET IT; FILE A REPLEVIN ACTION IN COURT TO RECOVER IT; CONTACT THE... Read more »

1 Answer | Asked in Consumer Law, Contracts, Collections and Landlord - Tenant for Colorado on
Q: If I cannot afford to pay my rent, would my credit score be affected even though I have a co-signer?

My name is on the lease agreement, however I am not the co-signer. My credit is in good standing, but I have heard that a default on rent payments is very negative towards credit score. Is this true, or will my credit score be unaffected since the co-signer is obligated to pay the remaining rent... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on May 18, 2017

Any non-payment (when reported) will negatively impact your credit score, just like any payment on time will beneficially impact your score. If the rent is paid (it does not matter who paid it) there should be nothing to report. If there is a non-payment, this can be reported. It is a wholly... Read more »

1 Answer | Asked in Consumer Law and Landlord - Tenant for Colorado on
Q: I have a six months. Lease Do they have to give a 30 day notice to move?

I was shown an apartment & told that would be fine, I had put $200. to hold it & was told 2 days later it had been rrented

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 26, 2017

I'm confused. Are you asking about notice to terminate a lease or are you asking about the reservation fee? Resubmit your question.

1 Answer | Asked in Communications Law, Internet Law and Consumer Law for Colorado on
Q: we are having issues with Century link communications, they are gouging us, we get our rates to a reasonable level and

and the next month the new bill is even higher, we have confermation numbers but the rates is always go higher the next month. To talk to them takes all day and just when you get someone who is working to help you, the call drops. they say the will get this fixed and they never do.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 24, 2017

Have you considered switching carriers?

1 Answer | Asked in Consumer Law and Small Claims for Colorado on
Q: I was wondering what the laws of abandonment for guns in Colorado were.

My ex left his gun with my brother. Me and my ex broke up 8 years ago. My ex is now asking about his gun, but my brother got rid of it. The gun was registered in my exes name.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 24, 2017

The normal rule in Colorado is that 5 years is maximum allowable term in which property can be reclaimed. However, there are numerous exceptions. Since guns are registered, the 5 year limitation likely does not apply. While it is debatable whether you are under a legal obligation to return the gun... Read more »

1 Answer | Asked in Contracts and Consumer Law for Colorado on
Q: My ex wife filed bankruptcy when we divorced 4 years ago and never removed my name from her car.

I know Colorado does not require the lender to notify a cosigner of a delinquent account. But do they have to notify a cosigner of a date they intend to sell the car and give an opportunity to make payments current?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 22, 2017

Generally no. There is a general publication requirement, but this can (and usually is) met by a listing in the local paper or other sources.

1 Answer | Asked in Consumer Law, Criminal Law and Personal Injury for Colorado on
Q: I recently went to a drive-thru restaurant with my family. I ordered and went to the window to pay.

At the window I gave money to cashier. The cashier/manager took the money and did not place it in drawer. He then said that he was not going to give us the food and was not going to give us our money back. He then claimed that the money was fake and told us to leave. This cashier then proceeded to... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 21, 2017

You may well have a possible defamation or similar case, so I'd suggest you contact a member of the Colorado Assn for Justice--they give free consults.

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