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Colorado Real Estate Law Questions & Answers
1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Real Estate Law for Colorado on
Q: Which HOA is responsible for repairs?

I had a sizable condo fire, and it was determined that it was the HOAs insurance policy that should make the repairs (not due to fault but bylaws- both parties agree). Suddenly, my HOA changed ownership a few weeks after the fire to a new company. Now the old HOA is saying that it is no longer... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 26, 2022

Sorry to give generic information but you should look into an attorney to sort everything out.

In addition, it may be worth taking the time to dig through your home owners documents for the insurance declaration and trying to make a claim directly with the insurance companies. If...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: My realtor sent me a transaction brokerage disclosure. Should I hire another realtor to represent me?
Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 19, 2022

Well, that depends on your personal preferences. I personally like my broker only acting in my best interest but acknowledge there are times where it is appropriate for the broker to help both sides. A transactional broker acts more as a neutral 3rd party helping both sides in a transaction.... Read more »

1 Answer | Asked in Real Estate Law and Probate for Colorado on
Q: My mom passed away last year i manage the property/payments. Do i have to do a transfer deed in my name or can i just h
Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 16, 2022

Afternoon,

these types of questions are often handled in probate. If your name was not on the deed as Joint Tenants, you will need something in the public record to show that you own the property. If I recall, the executor of the estate typically has some authority over the matter but this...
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1 Answer | Asked in Estate Planning and Real Estate Law for Colorado on
Q: i have a question, i live in colorado and i was reading that a trust must be registered with the county of residence

this is a revocable trust however it says only irreevocable trusts must be registered with the county

Nicholas M Klimas
Nicholas M Klimas
answered on Sep 15, 2022

Your revocable trust does not need to be recorded or registered anywhere. There used to be a statute, that has since been revoked, that required irrevocable trusts to be recorded. This is no longer a requirement.

Upon a Trustors death, during administration, there may be a need to file the...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Colorado on
Q: In Colorado if a road easement is used to put in a new road who repairs the adjacent land?
Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 14, 2022

I think that would partially depend on if negligence was involved, who the easement was granted to, associated contracts and covenants, and so on.

I hate to say it but more info would be needed. You should reach out to an attorney to discuss.

Please be aware that any answer is...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: I want to know,

want to know, if I have a chance to keep my pergola as it is (oil-based stain on rough hewn cedar) when there is nothing in the written community guidelines saying that it has to be any specific color other than 'complementary' to the home? The source of contention is there are no... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 7, 2022

I would check under the painting/ maintenance section of the HOA's design requirements. Allot of these HOAs do not require approval if no changes are made. For example, my HOA does not require any type of approval to paint the exterior of the house if you use the same colors.

If you...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: If you find out the seller lied about a death to play on you sympathies to let them out of RE contract, is that fraud?

This is a real estate home purchase contract in Colorado. The seller states they had a death in the family and now need to stay and keep their house. We, being kind people, agreed if they provide payment for expenses we have incurred. If we find out he lied and sells to someone else for more, is it... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Aug 30, 2022

Afternoon,

The concept of fraud revolves around the intent to deceive.

The test is rather complex but in general, if a seller lies about the specific subject matter to induce you to take a specific action that you otherwise would not have taken, it could be fraud. You need to talk...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Colorado on
Q: Our property line goes directly through our neighbor of 5 years driveway. We want to fence our property completely
Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Aug 26, 2022

This is a complex question. You should contact an attorney.

If you own a property, you have a right to fence it provided you do not run afoul of any covenants, HOA, zoning, ordinances, and/or other laws. In certain rural areas in Colorado, you may be required to fence it.

The...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Colorado on
Q: As the owner of the servient estate, what are my rights wrt the dominant estates plan to grade a road on the easement?

I am the owner of the servient estate which has an easement for ingress/egress. The owner of the dominant estate plans on bringing in surveyors to stake the easement, and then an excavation company to re-grade an unpermitted road on the easement. Do I have the right to require the dominant estate... Read more »

Donald C Eby
Donald C Eby
answered on Jun 21, 2022

You definitely have rights. An easement does not give the owner of the dominant estate unilateral authority nor does he have the right to work outside of the permitting process. If you are not able to have a reasonable conversation with this party you should get an attorney involved to assist you... Read more »

3 Answers | Asked in Real Estate Law and Probate for Colorado on
Q: My sister lied to the courts to sell our mothers house after she passed away by stating she was the only child what can

We do

Stephen Birk Baumgartner
Stephen Birk Baumgartner
answered on Jun 16, 2022

The other attorneys are correct. You need to file into the probate estate. Depending on when this occurred you may need to act immediately in order to preserve the estate. In other words, you need to act quickly before your sister spends any proceeds from the sale of the house.

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1 Answer | Asked in Real Estate Law and Civil Litigation for Colorado on
Q: What is the statute of limitations in Colorado for a buyer to sue a seller after the sale of a home?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 18, 2022

You will need to hire a competent CO attorney to figure out what the applicable SOL is, as different causes of actions have different SOLs. Despite numerous postings, noone has responded because your question is incomplete. Call one of the CO lawyers listed here on Justia, whom I have noticed... Read more »

1 Answer | Asked in Employment Law, Family Law, Real Estate Law and Business Law for Colorado on
Q: can I sue my partner for kicking me out of our business/property

my sister and I inherited the family business she has never treated me as a partner we have rental units I have been fired from the family business that I have been involved for 50 years At this point I wander is my sister up to the challenge of running our business she has saver medical issues

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 8, 2022

Dissolution of the Partnership could be an effective action. If land is involved, a Partition Action might lie. Hire a competent CO attorney to examine the case and file suit.

1 Answer | Asked in Real Estate Law and Business Law for Colorado on
Q: Can I raffle off a Colorado business that holds a 19 acre track of land in Colorado?

The business has no other assets sales or income.

Kevin Michael Strait
Kevin Michael Strait
answered on Mar 31, 2022

Holding a raffle in Colorado is a regulated activity and requires a license issued by the Charitable Gaming Section of the Secretary of State’s office. A raffle can only be conducted by a legitimate, registered charity with an active non-profit registration in Colorado. In fact, the charity must... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: I am a new property owner by inheritance. A property management firm had a contract with previous owner.

Is that contract still valid?

James A. Greer
James A. Greer
answered on Mar 3, 2022

Dear Inherited Property Owner: You asked if predecessor's contract for services (in this instance Property Management Services) is binding upon the heirs. The only way to answer this question is to examine the underlying contract entered into by your predecessors. If there is no contract,... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: I bought my condo based on the MLS listing it had central a/c, only to find out 3 months after closing it doesn't.

I hired my broker based on his expertise with first time home buyers. My inspector sent an email to both me and my agent warning that the unit had no a/c despite the online and MLS listings. I never saw the email, and my agent sent me a text telling me the inspection came out "pretty... Read more »

James A. Greer
James A. Greer
answered on Feb 28, 2022

Dear Purchaser: Your inquiry has to do with real estate negligence or malfeasance.

As to BUYER AGENT: if it were the case where you were NOT sent the Inspector's Report from your Agent or your Inspector, you would have an argument. However, insofar as the Agent will be able to show...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: Can I force my sibling to give me title to my fraction of 409 acres of land we inherited?

The land is in Montana and we all reside in different states.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 7, 2022

You have not stated enough facts. But you might want a Montana attorney to draft an Affidavit of Heirship to be recorded, which will show who the Tenants In Common are.

1 Answer | Asked in Real Estate Law and Tax Law for Colorado on
Q: How do I sell a 0.26 acre lot left behind in Pueblo County, CO after my parents’ passing?

I have two sisters that want me to sell the lot and split it three ways. I don’t want to be liable for the taxes in their entirety after the sale. What kind of document do I need from them before I can sell the lot? How do I avoid the entire tax liability? Neither of us want the lot.

Thank you.

Agustin  Arbulu
PREMIUM
Agustin Arbulu
answered on Jan 25, 2022

This is an important question posed. As I understand it your parents left you and your sister a piece of property. I am assuming the property was to be owned jointly with your 2 sisters. Further I am assuming the property is in your name for convenient purposes (like to avoid probate). If that is... Read more »

1 Answer | Asked in Domestic Violence and Real Estate Law for Colorado on
Q: Am I able to break a lease if I didn't file a police report or request a restraining order?

My husband attacked me on Nov. 29th, I didn't contact authorities bc I felt this would further trigger him and he is very unstable. I have been secretly packing and planning to move but our lease is in both of our names. I could afford the townhome we rent without him, but he would not meet... Read more »

Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Dec 25, 2021

I am sorry to hear about your situation. You would have to provide the landlord with some evidence of the domestic violence. Typically this comes in the form of a protection order. If you are still in fear of imminent harm, then you can still apply for a protection order.

1 Answer | Asked in Real Estate Law and Domestic Violence for Colorado on
Q: Can a person go home after being arrested for DV if the property is in their name but the other party has bills in hers?

He was told he couldn't go home because she has a couple bills in her name. The house is in his name though. Wouldn't he have the right to go home? They live in TN.

Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Dec 14, 2021

It depends on what the protection order says.

1 Answer | Asked in Real Estate Law for Colorado on
Q: If person (a) owns a home by title and deed but has a mortgage tied to previous owner (b) can (a) sell the house?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 7, 2021

It would be a sale subject to the existing mortgage lien. And there may be buyers willing to take it subject to the mortage, or even assume personal liability on the mortgage note. However the lender with the secured mortage might not approve of the new owner, and foreclose on the mortgage... Read more »

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