Colorado Contracts Questions & Answers

Q: Received written and signed lease break fee and now they are requesting more, is that legal?

1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on
Answered on Mar 15, 2019
Donald C Eby's answer
The lease is the controlling document, how ever good or bad it is. Neither party has a right to unilaterally change the terms.

Good Luck.

Q: My ex property management screwed me over and come to find out I’m in debt and robbed me. Nobody can seem to help me.

1 Answer | Asked in Contracts, Real Estate Law and Small Claims for Colorado on
Answered on Feb 15, 2019
Donald C Eby's answer
You should initiate a breach of contract suit in Small Claims Court.

Q: Can I withhold final payment from my contractor until the work passes inspection?

1 Answer | Asked in Contracts and Construction Law for Colorado on
Answered on Feb 5, 2019
Donald C Eby's answer
Generally, withholding payment is the only leverage a homeowner has against such contractors.

Q: Closed on re-finance last night. Was called today and told underwriting is voiding the loan. I have a signed agreement.

1 Answer | Asked in Banking, Contracts and Real Estate Law for Colorado on
Answered on Jan 25, 2019
Donald C Eby's answer
It depends on exactly what the loan docs say. You may want to have an attorney review the loan docs and potentially help you with a demand letter or law suit.

Q: Can my company put moving expenses that they paid for into my yearly income for tax purposes?

1 Answer | Asked in Contracts and Tax Law for Colorado on
Answered on Dec 27, 2018
D. Mathew Blackburn's answer
Yes, under the Tax Cuts and Jobs Act relocation expenses are now taxable to the recipient whether paid on their behalf or given to the employee in cash.

You also cannot deduct these expenses on your personal return unless you fall within a specific military exemption. This all went into effect 1.1.18.

Even though they paid the expenses it's still income to you for tax purposes.

Q: Is joint tenancy the same as right of survivorship and do quitclaims within the group change the conveyance upon death?

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Probate for Colorado on
Answered on Dec 16, 2018
Donald C Eby's answer
The chain of title will need to be examined to definitively answer your question.

There is a likelihood based our the facts stated that the Right of Survivorship remains valid.

Q: Our company bid a job and now no longer has time to do it. No contract signed and contractor wants to sue for damages?

2 Answers | Asked in Business Law, Construction Law and Contracts for Colorado on
Answered on Nov 19, 2018
D. Mathew Blackburn's answer
First off you can be sued for pretty much anything so I'd answer that with a yes. Whether there's a viable claim is another story. The fact that the potential plaintiff doesn't really have a case won't stop them from filing suit and forcing you to go through the legal process of proving they don't have a case.

The first analysis is what was agreed to and what were the terms? Was there an agreement at all? If there was a agreement were there damages?

Without knowing more about...

Q: I have been renting with no written lease. Mid-month they want to raise rent & ask for $250 more for month already paid.

1 Answer | Asked in Contracts for Colorado on
Answered on Nov 7, 2018
Ashley Dean Powell's answer
In Colorado, a verbal lease can be enforceable. Especially with a multi-year history, you probably have a standard of behavior and practices that have been developed by you and your landlord. For example, if you tend to pay once each month for a month of rent at a time, then you would probably be viewed as having a month-to-month lease (if you pay different, the result could be different).

Your landlord cannot retroactively increase your rent without your consent. If your landlord wants...

Q: What are the laws in Colorado in regards to "As-is" and "As-is disclosure" ?

1 Answer | Asked in Consumer Law and Contracts for Colorado on
Answered on Oct 31, 2018
Ashley Dean Powell's answer
I suspect that the answer may vary depending on the type of product, type of seller, type of buyer, etc. For example, the standard contract to sell a house in Colorado often has "as is" language in it, but the seller still has certain duties to disclose known defects in the house, systems, fixtures, etc.

You are likely to get a better, more thorough answer if you submit a new question with more details about the exact "as is" product you are thinking about buying or selling and the...

Q: Got a compliance letter to comply in 3 days. I'm surendering the property but other lease holder wont?

1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on
Answered on Oct 22, 2018
Ashley Dean Powell's answer
If you are willing to surrender the property and cooperate with the landlord, then you may want to try to talk to the landlord about being released from the lease in writing or some writing acknowledging that you have surrendered the property, keys, etc. Ideally, you would get details like the official termination/surrender date, your liability for any specific damages, waiver of your liability for costs to evict your roommate, and any other outstanding items between you and your landlord. Even...

Q: When purchasing a home, if the pipes freeze AFTER the inspection but BEFORE closing. Who is responsible?

2 Answers | Asked in Contracts and Real Estate Law for Colorado on
Answered on Oct 9, 2018
James Alan Greer's answer
Dear Frozen Pipes Seller: the rule of law in Colorado Real estate sales contract is that the SELLER (and the Seller's insurance carrier) is responsible for all property damages occurring at the subject property until the moment of "closing" (or, the moment the title is transferred to Buyer).

Q: Property recovery from an ex his name is on my rental property and will not take it off

1 Answer | Asked in Real Estate Law, Contracts and Small Claims for Colorado on
Answered on Oct 2, 2018
John Hyland Barrett III's answer
At this point, you need to involve the court to enforce your agreement. You should retain an attorney to help you with this.

Q: Do I have to sign a new lease and pay a new security deposit if my apartment building was bought by another company?

2 Answers | Asked in Contracts and Landlord - Tenant for Colorado on
Answered on Sep 26, 2018
Ashley Dean Powell's answer
You would need to look closely at your lease, but it's unlikely that they could completely disregard your existing lease or demand a new security deposit unless they knew they were trying to sell the building and built in an ability for a new owner to give you notice to terminate after purchasing. Absent that type of provision, the new owner should be bound by existing leases. Even if your lease allowed a new owner following purchase to terminate upon some reasonable amount of notice, that type...

Q: Our home was to have an asbestos abatement performed; and what we were assuming was a person whose company was certified

1 Answer | Asked in Civil Litigation, Contracts, Construction Law and Environmental for Colorado on
Answered on Sep 25, 2018
Donald C Eby's answer
You may have a legitimate Breach of Contract claim against your contractor and you have a damages claim against him. You should contact an attorney to schedule a consultation so that the facts can be closely reviewed and you can get a clear picture of your rights, options, and possible results.

Q: Prior to closing, Buyers learned of extensive termite damage to the deck. Is Seller resp to repair under para 19.1?

1 Answer | Asked in Contracts for Colorado on
Answered on Sep 13, 2018
Ashley Dean Powell's answer
Assuming that we are talking about Section 19.1 of Colorado's standard form Contract to Buy or Sell Real Estate (Residential), and assuming you did not make revision to the standard language, I think it is doubtful that Section 19.1 was intended to apply in this situation. Such extensive damage from water/moisture and/or termite infestation as you describe above requiring a complete removal of an entire deck is likely something that has happened over a long period of time as opposed to a the...

Q: I rescued my dog 3 years ago and I love him. How long does a rescue have to enforce the contact?

1 Answer | Asked in Contracts and Animal / Dog Law for Colorado on
Answered on Sep 4, 2018
Juliet Piccone's answer
First, it would depend on what the contract says. Second, it would depend on if just not getting a vaccination updated is severe enough of a breach of contract to warrant reclamation. Either this is not all of the story, or you adopted from a very strict rescue that may not be looking at the totality of the circumstances, i.e. how much you love your dog, etc. If they seem serious, you need to have a consultation with an attorney who writes these contracts, and enforces them, which I do....

Q: Question on Retail Lease

3 Answers | Asked in Business Law, Contracts, Real Estate Law and Landlord - Tenant for Colorado on
Answered on Jul 14, 2018
John Roland Lund's answer
Your option to renew is an enforceable contract right. So long as you have complied fully with the notice requirements and are not in default on the lease, it is your unilateral right to renew at the rates set by the lease.

If your position is valid then if you remain past the end of the current term the landlord would have to file a lawsuit and seek an order of eviction. But if you have validly renewed the lease then you should be able to defeat that eviction action.

You...

Q: CRM software company trying to charge extra $500-$1000 for me to export my customers' info when I cancelled the software

1 Answer | Asked in Consumer Law, Contracts, Business Law and Patents (Intellectual Property) for Colorado on
Answered on Jun 13, 2018
Kevin E. Flynn's answer
I do not see a patent issue here. I hope you find an attorney with the right background to help you. Ideally, this would have been something you worked out before you populated the site with data that you need.

You may want to Google around to see if others have dealt with this issue or seek help from the folks that will provide the software solution to replace Agemni.

Q: Rent to own homewner is claiming he did not receive money order for monthly payment.

1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for Colorado on
Answered on Apr 21, 2018
James Alan Greer's answer
Dear Potential Eviction Client: While I endorse the efforts you are making to show the Owner that the Owner endorsed the payment, in the meantime if you are able to afford it I would strongly recommend you go ahead and expedite making the payment that is being demanded (a second time, in your viewpoint), but send it along with a cover correspondence outlining your entire legal position and that you are paying "under protest". Then later, if you can establish that owner endorsed/cashed your...

Q: Should I sue a seller for pushing back a legal contract to sell while in bankruptcy?

1 Answer | Asked in Bankruptcy, Contracts and Real Estate Law for Colorado on
Answered on Apr 18, 2018
Kevin Scott Neiman's answer
Your recourse depends on the consequences of the failure to close, though since that failure would be a breach of contract, you would be entitled to something.

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