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.
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.
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 »
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 »
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 »
It's our primary residence and my husband (age 64) is the sole owner/mortgage holder.
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?
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 »
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 »
No the Seller is not obligated to accept or respond.
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 »
From the language it doesn’t appear that you have a right to terminate the contract.
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 »
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... Read more »
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?
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,... Read more »
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.
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.
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.
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.
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 »
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... Read more »
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 »
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 »
If your property is landlocked you should contact an attorney to help you force the granting of an access easement.
Are there other house-related forms or reporting duties I may not be aware of for Colorado? I already filed a trust registration statement with the district court.
At a minimum, you should update the mailing address on file with the county assessor's office, assuming address to which you would like tax statements mailed has changed since your mother died. If the trust document states that title to the house must be transferred out of the trust you will want... Read more »
How much time we have to give our landlord before we can move out? Our lease says nothing about what happens at the end of the lease or if it expires. It also says nothing about a set amount of time we need to give her before we move out. It’s very barebones it seems.
Assuming your rent was due every month (e.g., on the first day of each month) you would have a month-to-month tenancy following the expiration of the agreed upon lease term. Because nothing is mentioned in your lease regarding notice, the default rule is that you may terminate your tenancy by... Read more »
Your Property Manager cannot represent you in Court. But, you could bring the case against your former tenant. Or you can hire an attorney to bring that case.
They have cited CO Rev Stat § 29-11.7-104 (2016) at bottom of signage as their authority to so prohibit said activity. Can they legally do this? As I read the statute it says a local government can enact ordinance, the homeowners association however is not "local government". Can I sue them for... Read more »
A lawsuit it one option. Another is to have an attorney draft a letter on your behalf outlining the issue and why the HOA will ultimately lose the lawsuit if your are forced to file it. This letter would likely be a faster and less costly method to achieve the desired result.
problems with gutters water leaking to the basement
If the seller did not disclose a known latent material defect, and you can prove he knew and thus defrauded you then yes you have a case.
You can see that this is a somewhat technical analysis. I recommend that you contact an attorney to discuss the facts and your proof so that you can... Read more »
I need to have the property put in my name since I am the heir. The title company said it needs to be probated in order to get the title transferred. My father died in 1991. A few years later my mom included the property in a trust in the state of Missouri where they have always lived. My mom... Read more »
The probate will help you clean up the title issues in CO. If no one opposing your appointment as Personal Representative or your handling of the CO assets the probate will be relatively quick and inexpensive. You should contact a CO attorney to discuss the process and costs.
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