Get free answers to your Real Estate Law legal questions from lawyers in your area.
Can I earn real estate commissions on sales in Puerto Rico without taking there exam
answered on Jan 6, 2019
You may be able to work with a PR broker and get paid via a referral.
answered on Dec 28, 2018
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... View More
can one draw up their own contract?
answered on Dec 22, 2018
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.
My understanding of Colorado law is that only the last sole survivor of a joint tenancy can be the grantor of property to a beneficiary upon his/her passing. But if one or more original owners quitclaims their portion to others within the original group of joint tenants, does the right of... View More
answered on Dec 16, 2018
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.
Resident/Homeowner running business out of house. This activity is specifically addressed in covenants and disallowed. HOA initially reported that business was in violation and that enforcement action would take place to assure compliance. HOA also stated that it was not in compliance with city... View More
answered on Dec 14, 2018
Are you ready to bring suit against the HOA to demand it enforces the covenants?
I purchased the original line, designed to service 3 properties, as I was the first house in the area. A power box was installed on my neighbor's property as part of that, so no easements are required for his access.
answered on Dec 10, 2018
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... View More
I have an existing business that is an LLC and we are moving to a new location for our business. In the new lease it calls out in our addendum for both LLC members to give a Personal Guarantee, does this negate the personal property protection that our current business LLC gives us? Should we seek... View More
answered on Nov 27, 2018
If you sign the personal guarantee then yes, at least as to the obligation to pay rent and any other lease obligations covered by the guarantee, you will not have the LLC's protection from personal liability. The LLC's protection would continue in all other respects, such as if the... View More
decided they want to?
answered on Nov 19, 2018
Yes - Partition Action. A court can order the property to be sold and the profits divided.
Active Duty Army. Returned to Fort Carson and own a home in Peyton, CO. My family desperately needs to move back in, but my property manager said that we have to wait until the lease is up (April 2019). What are my options?
answered on Nov 9, 2018
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.
My dad lives in Longmont. "Duplex" is probably not the correct term: it is a single building that contains two residences, each owned by a separate person. The area has an HOA. There was a hail storm a few months ago. A roofer and my dad's insurance (State Farm) adjuster... View More
answered on Nov 2, 2018
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... View More
A gift was given prior to the purchase of a home. There was no written contract, nor verbal agreement to any "terms". The "giver" of the gift, after the purchase, placed a lien on the property in the amount of the gift plus interest! What is our recourse?
answered on Oct 17, 2018
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.
I have the cashier check stubs and that’s it. She pretty much is robbing me
answered on Oct 17, 2018
You may need to get an attorney to bring a quiet title action on your behalf.
The trust demanded a promissory note and deed be signed after the purchase of the home. They said to ignore the promissory note and not to worry about the details of the deed (which incorporated the note and referenced it)! We declined / refused as the details were not anything discussed, nor... View More
answered on Oct 16, 2018
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.
How to we have lien removed? It appears that only contractors, etc are able to use mechanics' liens (which this is not) and any other valid liens must be ordered/approved by the court prior to being filed (this is not the case here either).
What should we do?
answered on Oct 15, 2018
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.
On the far northern portion an outlot exists with no ingress and is rather unusable - the only access is through the ranchers land, it will be eventually recommissioned to open space. The rancher has a fence that crosses onto the outlot and its been there for 53 years, no one has asked him to move... View More
answered on Oct 11, 2018
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.
it, we are located in Colorado? He has free range cattle and we have a new owner out of 5 that wants to make him move his fence. The land is virtually unusable by the HOA and is eventually going to be recommissioned to open space. The original landowners in the HOA really had no intent on using... View More
answered on Oct 11, 2018
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... View More
The pipes were drained after the inspection to keep from freezing. However, the listing agent turned the water back on before closing. If the pipes freeze and burst before we close, who is responsible for the cost of fixing that?
answered on Oct 9, 2018
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).
Dom illegally sublet her room to me without notifying the landlord and made a profit on rent of $600 per month. We have been on a month to month lease(we think). We have been paying Dom directly for rent and security. The landlord Mary wants to sign a lease with my roommate and I. The relationship... View More
answered on Oct 3, 2018
Dom's lease with Mary is much more controlling as to the terms such as rent, pets, payment, length, etc. of any sublease with you than is Colorado law. Colorado law would probably not put any limits on the rent Dom can charge you (but Dom's lease with Mary might require pre-approval by... View More
I tried to pay him off but he did not accept the offer, I have a written agreement between us that states any and all property investments and items go back into the original owners hands and anything bought after the original date we set would go back to the person who invested the most money into... View More
answered on Oct 2, 2018
At this point, you need to involve the court to enforce your agreement. You should retain an attorney to help you with this.
According to U.S.S.C. 523 (a) (16) I did not have the intention to keep the house. The bank foreclosed on the house in 2012 and removed the foreclosure 2 months later. They later foreclosed again in 2015 and sold the house. The HOA is using a debt collector to attempt to take $3800 that was... View More
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