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Colorado Real Estate Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Real Estate Law for Colorado on
Q: Can a landlord sell the property you're renting, if you have a standing year lease?

This is actually the second time our landlord has done this. We live in a duplex, and our land lord posted it for sell without notifying us. What happens when it sells and changes hands?

Nina Whitehurst
Nina Whitehurst answered on Dec 3, 2019

Yes a landlord can sell the property. The buyer must honor your lease.

2 Answers | Asked in Contracts and Real Estate Law for Colorado on
Q: If I bought my home on a contract between the owner and I and have made all payments can I sell the property?

My buyer has cash but wants to use a land trust company to purchase. Can this work?

Donald C Eby
Donald C Eby answered on Nov 19, 2019

If you have purchased the home, then yes, you can sell it. But, your question seems to indicate that your seller has never delivered title to you. In order to sell you'll need to deliver title to the buyer. Hopefully, your seller will cooperate.

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1 Answer | Asked in Civil Litigation and Real Estate Law for Colorado on
Q: Can Capital One take my land to pay off a defaulted auto loan if I cannot pay on it anymore?

Land is not collateral

Donald C Eby
Donald C Eby answered on Nov 10, 2019

No - It is not likely that you pledged real estate as collateral to obtain a credit card. However, if you have debt issues, I recommend that you contact a Bankruptcy attorney, you may be surprised how much BK can do for you.

2 Answers | Asked in Contracts, Divorce and Real Estate Law for Colorado on
Q: With a current month-to-month lease after lease expiration and couple separated, can I create new lease with one party?

Married couple rented my home in 2014, they have recently separated and he moved out. She wants to remain but is requesting a new lease with him left off. They renewed their lease in 2017 but are currently living month to month after that lease expired in 2018. I want to ensure he can't come after... Read more »

Donald C Eby
Donald C Eby answered on Nov 5, 2019

Yes you can. Just properly terminate the current Month to Month before creating a new lease with only one party moving forward.

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1 Answer | Asked in Estate Planning and Real Estate Law for Colorado on
Q: My mother who is 85 years old is selling her home she has lived in for over 45 years.

it was purchased for $33,000 and is selling for $420,000. In February of this year, she purchased a condo with my husband and I for $410,000. Her name is on the loan but it wasn't on the title. So we did a Quit Claim Deed to put her name on the title. She will be living in the condo by herself... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 1, 2019

There USED to be a rule allowing taxpayers to defer capital gain on the sale of a house by purchasing a more expensive house within two years. That rule was repealed in 1997. So the purchase of the condo makes no difference.

The new rule allows single taxpayers to permanently avoid paying...
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1 Answer | Asked in Contracts and Real Estate Law for Colorado on
Q: Rent to own. Oral contract. Fully paid the property off now Parents getting divorce and father refuses to sign over

I took a HELOC loan on my other property to pay this property off per our agreement after I paid the property off my parents are now getting a divorce and my mother agrees to the the agreement we had and is willing to sign over the property of to me but my father is not. We had an oral agreement... Read more »

Donald C Eby
Donald C Eby answered on Oct 30, 2019

You may have some rights and remedies. I recommend that you contact an attorney to discuss the exact facts, agreements, evidence, willingness of Mom to cooperate, etc. Then you'll be able to make a decision about how to move forward in demanding your property.

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 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...
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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 »

2 Answers | Asked in Consumer Law, Real Estate Law and Collections for Colorado on
Q: In Colorado,can we be forced to sell our home if there's a judgement lien from Credit Card debt ($22,000) on the home?

It's our primary residence and my husband (age 64) is the sole owner/mortgage holder.

Donald C Eby
Donald C Eby answered on Sep 17, 2019

Can a creditor foreclose on your home to satisfy a Lien? Yes. But, you will have an opportunity to prevent the foreclosure and it is seldom financially feasible to foreclose to collect on a debt that small.

Have you considered BK to eliminate the debt?

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2 Answers | Asked in Real Estate Law and Construction Law for Colorado on
Q: We are building a home in Colorado and our builder has had endless delays and constant excuses as to why it’s not done.

Our original move in date was July 15, then August 15, August 25, now October 1st. He didn’t even start the foundation clearing until August 25th, it’s not been touched since then. The house is complete (modular) and off site, waiting on the site to be complete.

He is paying for a... Read more »

James Alan Greer
James Alan Greer answered on Sep 6, 2019

Dear Delayed Home Builder: Your question speaks of the phenomenon happening in CO (and other states) whereby the construction industry is "spread thin". I don't mention this to rebuke or to offer excuses for the Contractor, but delayed projects are a sig of the times. You have a contract with a... Read more »

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2 Answers | Asked in Real Estate Law for Colorado on
Q: in colorado if i offered full listing price no contignent cash offer do they have to accept or at least respond
Donald C Eby
Donald C Eby answered on Sep 4, 2019

No the Seller is not obligated to accept or respond.

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2 Answers | Asked in Real Estate Law for Colorado on
Q: The loan termination deadline was today. I've been asked by buyer to sign an addendum changing it to 9/5.

As a seller with cold feet can I use this to somehow to get out of the home purchase contract unscathed? Here is the relevant text:"New Loan Review. If Buyer is to pay all or part of the Purchase Price with a New Loan, this Contract is conditional upon Buyer determining, in Buyer’s sole... Read more »

Vincent Gallo
Vincent Gallo answered on Sep 3, 2019

From the language it doesn’t appear that you have a right to terminate the contract.

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1 Answer | Asked in Real Estate Law for Colorado on
Q: As a joint tenant on a deed for a home, am I obligated to provide an account of the proceeds from the sale of that home?

My brother and I have been joint tenants on the title to my mom's home for years. She died and we sold the house. Are we obligated to provide the requested accounting to the rest of our siblings who are wanting more money. My mom's will asked that the home be sold and the money split between us... Read more »

Donald C Eby
Donald C Eby answered on Sep 3, 2019

Are you the Personal Representative for Mom's Estate? Is the home that was sold an asset of the estate? If the answer to those questions is Yes and Yes, then you have an obligation to provide an accounting.

It sounds like this could be messy and I recommend that you contact an attorney to...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: In Colorado how many days are allowed for a prospective buyer to back out of a RE contract and change their mind.

In Wisconsin it used to be 3. We heard 10 in Colorado. Now someone said 25 days???

Who gets the earnest money? Is it legal for the Broker to take half?

Donald C Eby
Donald C Eby answered on Sep 2, 2019

Once the contract is signed the contract is binding, i.e. there is no 3 day right of rescission.

However, the Colo Real Estate Commission's form contract is very buyer friendly and provides several opportunities for the Buyer to terminate the contact, at Buyer's sole subjective discretion,...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: Can a voluntary lien signed by property owner serve me as a gurantee because owner of property owes me money .

The owner of the land owes me large sum of money and he is willing to sign voluntary lien to satisfy his debt to me. Can an attorney be retained to help me with this situation? The land is paid in full has no mortgage.

Donald C Eby
Donald C Eby answered on Sep 2, 2019

Yes, an attorney can help you to draft and record this lien.

I recommend that you get an attorney to help you if this is how you wish to secure your loan.

1 Answer | Asked in Real Estate Law for Colorado on
Q: As the seller can i back out of the contract ten days before closing if I pay the agent and buyer for their expenses?

Buyer is FHA. The contract does not allow me to back out this late - I guess I need to know the odds that they'd really sue me for specific performance.

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

Do you have a legal right to terminate the contract? Not likely.

But, if you pay the Buyer's expenses you may reduce the likelihood that he will sue you for his damages.

Unless you have a contractual right to terminate, you should attempt to negotiate a mutual termination.

1 Answer | Asked in Real Estate Law for Colorado on
Q: What are the risks of doing a "subject to" sale of my house to a real estate investor group?

I own a home and am currently making all my payments on time. My goal has been to remodel it and sell it. I have since found I do not have the time to do so. I found a real estate investment group whom are interested in doing a "subject to" agreement to take over payments, fix it up, and then... Read more »

Donald C Eby
Donald C Eby answered on Aug 31, 2019

You should contact and attorney to review the proposed contract with you before you sign it.

Generally, a Subject Too deal means that you sell the property (they own it) but they don't replace your mortgage so the mortgage stays in your name. The Seller essentially carries all of the risk...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: A realtor is refusing to sign the release of money in earnest a title company is holding after we decided not to buy.

The total dollar amount is $8,000.00.

My home inspector came back with a list of problems. I asked the buyer to remedy the problems or reduce the price, so I could take care of them. The owner claimed the home inspector was wrong and refused to correct the problems. I told him that I... Read more »

Donald C Eby
Donald C Eby answered on Aug 26, 2019

The Colo Real Estate Commission Form Contract requires the parties to initiate mediation to resolve disputes such as this.

You can call the Colorado Assoc of REALTORS and ask for a list of mediators from which you and the seller can select a mediator which is agreeable to both of you....
Read more »

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