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Colorado Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for Colorado on
Q: Under contract for a home and builder isn’t following through timeline. We pay $638 every 7 days to extend our lock.

It’s a builder contract so wondering what power we have in the situation. If we can get any compensation from the builder to offset unexpected costs?

March 24 - Contract Date, we were informed that the build was estimated for completion on April 22.

May 8 - extension of Review... Read more »

Vincent Gallo
Vincent Gallo answered on Jun 4, 2020

Responding from a New York perspective, mortgage rates are plummeting so you may want to consider letting your lock in expire and request a market rate which should be lower.

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1 Answer | Asked in Real Estate Law for Colorado on
Q: Is it legal, in 2020, for a Buyer to write a "love letter" to a Seller to help convince them to sell to them?
Donald C Eby
Donald C Eby answered on May 25, 2020

It is not illegal for Buyer. But, brokers may be reluctant to deliver the letter and the seller may refuse to read the letter based on Fair Housing concerns.

1 Answer | Asked in Real Estate Law for Colorado on
Q: I own hm outright. The HOA filed a fraud lawsuit. Havent been served. If I sign quit claim deed, will it void suit?

I have left the community. I would like to quit claim the property and avoid the years long cost and harassment

James Alan Greer
James Alan Greer answered on May 17, 2020

Dear Recipient of Fraud Lawsuit by HOA: The general legal premise is that a FRAUD claim (or termed "cause of action", once a lawsuit is filed) is PERSONAL in nature. That means the cause of action survives the transfer of property, and a Quitclaim Deed transfer of the underlying property... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Colorado on
Q: recent survey, fence is 6.5 feet on our side of property line, neighbor wires gate closed that is on water right of way.

Our farm is in Garfield County Colorado. We have crossed the fence for years but I'm afraid neighbors may try and claim our land as theirs. I keep opening the gate for passage but now there's a lot of stuff wired over the gate opening from the far side of the fence, but still on our... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 6, 2020

You either move the fence or acquiesce to the present fence being the boundary. You need an attorney to conduct title searches on both properties, and possibly file a Boundary Line Dispute. You will probably need a survey by a Surveyor who can testify in Court. You seem to know that the other... Read more »

2 Answers | Asked in Real Estate Law for Colorado on
Q: Am I responsible for an HOA bill to replace a roof on a townhouse I sold almost a year ago?

The new owner got a bill and wants me to pay half. I did not know the roof was damaged when I sold the townhouse. The HOA sent out correspondence saying they recommend we change our insurance coverage when I still owned the townhouse, but I don't think they ever said there was damage to the... Read more »

Donald C Eby
Donald C Eby answered on May 5, 2020

Based on your facts you should not be responsible, but you may want to retain an attorney to deal with the attorney hired by the buyer. A little expense now could save a lot of hassle and expense in the future.

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1 Answer | Asked in Real Estate Law for Colorado on
Q: What should I expect when I go to court?

I’m 17 and I was pulled over for speeding, swerving and driving without a license and I was completely sober I wasn’t on anything.

Donald C Eby
Donald C Eby answered on May 3, 2020

I recommend contacting an attorney to go to court with you. Chances are you will get a lot more leniency from the court if you have an attorney as opposed to showing up alone.

1 Answer | Asked in Real Estate Law for Colorado on
Q: Divorced and got house. Ex had all rights to house taken away. Wont sign to sell. Is he responsible if seller backs out

Never filed quitclaim. All debt and proceeds of house are mine. Let on he wants half of sale

Donald C Eby
Donald C Eby answered on Apr 28, 2020

You may need to go back to Court to ask the Court to enforce the Divorce Decree. The court could hold him in contempt of court with a penalty of jail time.

It may be faster if you consult an attorney who could send a Demand Letter on your behalf and engage the Courts if needed.

2 Answers | Asked in Divorce and Real Estate Law for Colorado on
Q: Ex had 6 years to sell refinance per divorce decree past 6 years what’s my options she is selling so I get half of prof?
John Hyland Barrett III
John Hyland Barrett III answered on Apr 22, 2020

This depends on exactly what the divorce decree says. Do you get half of the profit or does she just need to refi/sell? You should consult with an attorney to review your paperwork and advise you how best to proceed.

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1 Answer | Asked in Real Estate Law for Colorado on
Q: if an issue occurs to the property before closing what right does the buyer have to insist it be remedied before clos

Water leak & it’s under the laminate. Leak has been fixed but seller refuses to pull up flooring to allow subfloor to properly dry out to prevent mold then credit us for the resinstall so that property is in the same shape as when we signed the contract.

Donald C Eby
Donald C Eby answered on Apr 13, 2020

A Buyer has a right to receive the property in substantially the same condition as when the initial contract was created. If the property has been damaged between the contract and close dates, Buyer has a few options, i.e. close or not, and close and bring suit for damages after closing. Whether... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: Are there any options to back out of selling our home in CO? Husband just lost his job due to COVID19. We close on 4/20.

We have signed the contract agreement and have already requested that the buyers push back our closing date. They did not agree to that so we are exploring every option possible.

Donald C Eby
Donald C Eby answered on Apr 8, 2020

A contract is a contract...Nevertheless, if you wish to terminate the contract or anticipate that you will likely not be willing to perform, you should contact an attorney to fully explore your rights, remedies, and risks. That needs to be a conversation which will explore various facts so it is... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Colorado on
Q: Buyer can't see land because of COVID-19? A Right of First Refusal or Option to purchase best for seller?

I have land for sale in Colorado and a very interested buyer from Oklahoma. They have seen a video of the property but they can't travel to see it themselves until May or June because of COVID-19. What is the best agreement to make to sell the property and accommodate them? A Right of First... Read more »

Donald C Eby
Donald C Eby answered on Apr 4, 2020

Why don't you just put the property under contract with a closing date in June and an option to terminate after inspection?

An option does not obligate them to buy, but it does obligate you to sell to them, i.e. you can't sell to anyone else in the mean time. I don't see...
Read more »

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on
Q: can i put a non-refundable pet fee in my lease in colorado?

i know in Colorado security deposits have to be refundable, and so does pet deposits, but can i put a pet fee on my lease that can be non-refundable? just wondering if that's legal in Colorado

Donald C Eby
Donald C Eby answered on Mar 31, 2020

Yes - You can use a Non-Refundable Pet Fee in Colo.

1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Tax Law for Colorado on
Q: How much in average does it cost to draft up a two part buyer and assignment contract
James Alan Greer
James Alan Greer answered on Mar 25, 2020

Contract Request: if I understand your question, you need a Purchase Contract (?) for real estate (?) with two buyers, and then a subsequent assignment of that contract (?). We offer Fixed Fee for transactional work of this nature. It would be less than $1000.00. But I'd really need to get a... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: Does an HOA have the right to require lot owners to have their property sprayed for noxious weeds? What if they refuse?

HOA wants to know if CC&R can state that HOA has the right to spray individual owner's property for noxious weeds, or does HOA needs approval from each individual owner to do so?

Donald C Eby
Donald C Eby answered on Mar 22, 2020

This is dependent upon the specific language in the Covenants. Generally, an HOA would have the right to demand the owner spray and to enter and spray if the owner fails or refuses and to fine owner and assess costs to owner. But, you should get a specific reading of your documents before you... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: We are 2 days from closing on a house in CO. With COVID 19 pandemics affect on the country can we postpone the buy?

We are still interested in the house but are willing to cancel with a loss if need be.

Donald C Eby
Donald C Eby answered on Mar 17, 2020

Can you postpone the closing without penalty? If you can get the Seller to agree to an extension, yes. However, if Seller will not agree then you can refuse to close and will likely suffer the loss of your earnest money and any other penalties which the contract contemplated.

You may want...
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2 Answers | Asked in Real Estate Law for Colorado on
Q: Can a buyer terminate real estate contract because they don't like the HOA interaction they are having?

I am under contract to sell my condo, and the Buyer is sending a notice to terminate the contract because they don't like the HOA interaction they have had with some questions. Is that grounds for them to terminate in Colorado? Seems like a weak argument.

Donald C Eby
Donald C Eby answered on Mar 15, 2020

A buyer can terminate....but that does not mean that you have to agree to release the earnest money back to them.

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1 Answer | Asked in Civil Litigation and Real Estate Law for Colorado on
Q: I need to know what to do about being scammed by a business online? The company has stolen over $22,600 from me

They talked me into selling my timeshare as they had a buyer already for it. I had to send a fee (I never should have done this I know!) of $6,000, then I sent money 2 more times for a total of $22,628 to a title closer at Colorado Title. This is a legitimate business and they stole all of my money... Read more »

Michael Hales
Michael Hales answered on Mar 2, 2020

I've had run-ins with this same company. I found that it is not a legitimate company and doesn't even exist other than virtually. Please shoot me an email or give me a call if you'd like more information. I'm teaching much of the day today, but will get back to you as soon as possible.

1 Answer | Asked in Contracts and Real Estate Law for Colorado on
Q: Will memo line on a check serve binding on a real estate sale with no official sales contract?

I purchased land on October 29th, 2018 and on the memo line I wrote "purchase of 40 acres balance approximately 41,000". The total price was 121,000.00 and I put 80,000.00 down and rest to be paid at closing. Seller hears that I have an enormous offer and begins figuring a way to... Read more »

Donald C Eby
Donald C Eby answered on Mar 1, 2020

Is it good enough? It is certainly better than nothing. It is likely that the check along with testimony will be sufficient to prevail. You have an an issue that all contracts for the purchase and sell of real estate in CO must be in writing, as such if the opposing smells a big profit you need... Read more »

2 Answers | Asked in Divorce, Family Law and Real Estate Law for Colorado on
Q: If I have sole ownership after divorce, in agreement to splitting proceeds from sale, does my ex have say in the selling

I am getting ready to sell, as we BOTH agreed on, and now she's trying to interfere saying that she gets a say in every offer, etc I have.

Sabra M. Janko
Sabra M. Janko answered on Mar 1, 2020

It depends on what the decree says. Many decrees address who will be involved in selection of realtor and sales price as well as a contingency if the home does not sell within a specified period of time.

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2 Answers | Asked in Bankruptcy, Contracts, Real Estate Law and Construction Law for Colorado on
Q: When a builder is building a new subdivision - who is responsible for building retaining walls -the developer or the HO

There is an area behind four homes in our area that is a very steep, collapsing hill. The home buyers understood from a design plan that the developer would build retaining walls to prevent the hills collapse. Our builder is now saying it is the responsibility of the HOA - not him

Donald C Eby
Donald C Eby answered on Feb 10, 2020

Who owns and is thus responsible for the retaining wall? Generally, a builder initially owns all common areas, but at some point in the development process the developer assigns ownership of the common areas to the HOA. After this assignment the HOA owns the common areas/walls and is responsible... Read more »

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