Colorado Real Estate Law Questions & Answers
Q: Under § 38-12-103. Return of security deposit do they have to send certified mail if they are withholding??
Donald C Eby's answer
Certified Mail is not required by the statute. But, traceable mail is a good idea for a landlord.
Certified Mail is not required by the statute. But, traceable mail is a good idea for a landlord.
Q: Does my mom have to sell my dad's estate after probate? He had 3 kids prior to marrying my mom & they then had 4 kids.
1 Answer
| Asked
in
Estate Planning, Real Estate Law and Probate
for
Colorado
on
Answered on Jan 14, 2019
Answered on Jan 14, 2019
Donald C Eby's answer
It is not likely that a probate under these facts will result in a forced sale. But, if the estate is contentious, i.e. someone wants money, your Mother should hire an attorney to assist and defend her.
It is not likely that a probate under these facts will result in a forced sale. But, if the estate is contentious, i.e. someone wants money, your Mother should hire an attorney to assist and defend her.
Q: Had an inspection & found out the water heater/furnace weren't new, when the listing said they were. Anything we can do?
Vincent Gallo's answer
Start by telling them that you are not closing, and any circumstances. Leave it for them to respond to you.
Start by telling them that you are not closing, and any circumstances. Leave it for them to respond to you.
Q: i have a contract to sell my house, and i need someone to look over it for me and let me know if it is legit.
James Alan Greer's answer
Sales Contract (Residential): I am equipped to assist, and happy to help. Would be best if you sent along the proposed/pending Contract via email, and I'll supply you with a responsive email identifying the Fixed Fee to perform review, analysis, and advice. Thanks. jamesgreer@CalCoLaw.com
JIM GREER is an attorney licensed to practice in CO and CA and has specialized in real estate transactions for the past 30 years; nothing herein shall be construed as the offering of legal advice...
Sales Contract (Residential): I am equipped to assist, and happy to help. Would be best if you sent along the proposed/pending Contract via email, and I'll supply you with a responsive email identifying the Fixed Fee to perform review, analysis, and advice. Thanks. jamesgreer@CalCoLaw.com
JIM GREER is an attorney licensed to practice in CO and CA and has specialized in real estate transactions for the past 30 years; nothing herein shall be construed as the offering of legal advice...
Q: Does Colorado Springs Colorado have only 1 "approved" contract used for buying and selling of real estate?
Donald C Eby's answer
You can use any contract that you want, but beware you are stuck with the language in the contract however good or bad it may be.
If the real estate is valuable I recommend contacting any attorney to assist you on a low flat rate for contract drafting.
You can use any contract that you want, but beware you are stuck with the language in the contract however good or bad it may be.
If the real estate is valuable I recommend contacting any attorney to assist you on a low flat rate for contract drafting.
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
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.
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: What can be done to force HOA to enforce covenant disallowing business to be run out of residence?
Donald C Eby's answer
Are you ready to bring suit against the HOA to demand it enforces the covenants?
Are you ready to bring suit against the HOA to demand it enforces the covenants?
Q: I need to create a legal document to sell a portion of the power line to my house to my neighbor. How do I do this?
Ashley Dean Powell's answer
Based on the facts above in your question, it may be difficult to get a complete answer. If you want to know that you have correctly formalized your agreement with your neighbor, then you should probably consider consulting with an attorney in your area who can review all documents related to the purchase and installation of the original line any any associated easements.
If you have set up your own self-contained power grid for which you produce the electricity and own the lines, then...
Based on the facts above in your question, it may be difficult to get a complete answer. If you want to know that you have correctly formalized your agreement with your neighbor, then you should probably consider consulting with an attorney in your area who can review all documents related to the purchase and installation of the original line any any associated easements.
If you have set up your own self-contained power grid for which you produce the electricity and own the lines, then...
Q: Retail Business Space Lease
James Alan Greer's answer
Dear LLC Lessee: It is standard practice for a Lessor to require a Personal Guarantee ("P.G.") from the Members of an LLC. The reasoning from a Lessor's standpoint includes the primary concern that an entity (an LLC, for example) can breach a Lease by simply winding down and dissolving, thereby leaving the Lessor with no manner of collecting lost rents. You asked if your LLC still offers protection if/when the two Members sign a P.G. - no, clearly the P.G. negates the personal property...
Dear LLC Lessee: It is standard practice for a Lessor to require a Personal Guarantee ("P.G.") from the Members of an LLC. The reasoning from a Lessor's standpoint includes the primary concern that an entity (an LLC, for example) can breach a Lease by simply winding down and dissolving, thereby leaving the Lessor with no manner of collecting lost rents. You asked if your LLC still offers protection if/when the two Members sign a P.G. - no, clearly the P.G. negates the personal property...
Q: Is there a way to compel someone whose name is on the title of a house to sell if the other three named owners have
Donald C Eby's answer
Yes - Partition Action. A court can order the property to be sold and the profits divided.
Yes - Partition Action. A court can order the property to be sold and the profits divided.
Q: Returned from deployment and want to move back into my house that is currently rented out. Can I legally move back in?
Timothy Canty's answer
The lease gives the tenants the right to possession until it expires. Unless they violate some covenant of the lease, you will have to wait.
The lease gives the tenants the right to possession until it expires. Unless they violate some covenant of the lease, you will have to wait.
Q: Recourse for roof damage repair/replacement on a "duplex", where the other owner apparently has no damage?
1 Answer
| Asked
in
Real Estate Law, Insurance Bad Faith and Insurance Defense
for
Colorado
on
Answered on Nov 2, 2018
Answered on Nov 2, 2018
John Kenneth Joyner's answer
You may be better off just having your dad's neighbor go straight to an attorney who specializes in first-party property insurance bad faith claims. That lawyer can get a better idea of the facts of the case and point them in the right direction. Often bad faith insurance litigation firms will work on contingency and give you a free consultation, meaning no money changes hands unless they win your case.
Good luck to you.
You may be better off just having your dad's neighbor go straight to an attorney who specializes in first-party property insurance bad faith claims. That lawyer can get a better idea of the facts of the case and point them in the right direction. Often bad faith insurance litigation firms will work on contingency and give you a free consultation, meaning no money changes hands unless they win your case.
Good luck to you.
Q: Does Colorado law require a court judgement prior to a lien (not a mechanics' lien) being placed on real estate?
Donald C Eby's answer
A judgment is one way to obtain the right to lien but not the only way. Likely, the lien that you describe is a "spurious" lien and you may need to bring suit to have it removed and recover your damages.
A judgment is one way to obtain the right to lien but not the only way. Likely, the lien that you describe is a "spurious" lien and you may need to bring suit to have it removed and recover your damages.
Q: A family trust gave us funds to assist in the purchase of a home. After the purchase they filed a lien on the property?
Donald C Eby's answer
Based on your facts this is likely a spurious lien. You have no obligation to agree to new terms after the gift or loan was delivered. You should contact an attorney to assist you in removing the lien.
Based on your facts this is likely a spurious lien. You have no obligation to agree to new terms after the gift or loan was delivered. You should contact an attorney to assist you in removing the lien.
Q: Someone filed a lien against my property. This is not a contractor, it is a person who claims I owe them money. Plz advz
Donald C Eby's answer
You may want to have an attorney bring suit to remove the improper lien. If this is not a contractor or supplier of materials for the land or if you have not pledged the land as collateral for a loan, it is likely that this is a faulty lien and you may be able to collect damages.
You may want to have an attorney bring suit to remove the improper lien. If this is not a contractor or supplier of materials for the land or if you have not pledged the land as collateral for a loan, it is likely that this is a faulty lien and you may be able to collect damages.
Q: Our HOA bought 30 Acres which included a lake in 1995 from a rancher. A PUD was filed.
Donald C Eby's answer
You may have a problem with an adverse possession claim by the rancher, but you'll only know after you ask him to move the fence.
You may have a problem with an adverse possession claim by the rancher, but you'll only know after you ask him to move the fence.
Q: our HOA bought an acre of land from a rancher in 1995 and never asked him to move his fence, can we legally ask to move
Ashley Dean Powell's answer
You first task should be to locate a copy of the purchase and sale agreement from 1995 to determine the terms the parties agreed to in that document. It seems strange that the HOA would have purchased land with no intent to move the fence so that it could more easily access and use that land, but perhaps there were other reasons for the sale unrelated to actually using the land. Was there a subsequent lease-back of the acre to the rancher to continue using? There may have been a reason why the...
You first task should be to locate a copy of the purchase and sale agreement from 1995 to determine the terms the parties agreed to in that document. It seems strange that the HOA would have purchased land with no intent to move the fence so that it could more easily access and use that land, but perhaps there were other reasons for the sale unrelated to actually using the land. Was there a subsequent lease-back of the acre to the rancher to continue using? There may have been a reason why the...
Q: When purchasing a home, if the pipes freeze AFTER the inspection but BEFORE closing. Who is responsible?
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).
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).
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