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Colorado Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Colorado on
Q: We were suppose to close on our house on Friday sep 21 4pm , on the date of closing found out the house was in pre

Foreclosure, was not able to close had u haul resivered, and we needed to be out of our house by sep 24th 10am we just found out we close Tues 25th 3pm and I am now out money for longer time with the u haul I have lost money in food out of my fridge and now a hotel is there any legal action can be... View More

Ashley Dean Powell
Ashley Dean Powell
answered on Sep 26, 2018

As to the delays and resulting costs, this is largely dependent on your contract. With such a tight time frame, careful drafting of the contract might have addressed this issue and possibly provided for this type of damages to come out of the purchase price or to allow you to take possession on the... View More

1 Answer | Asked in Real Estate Law for Colorado on
Q: I am purchasing a home "as-is". What happens if the home's condition deteriorates between my contract date and closing?
Ashley Dean Powell
Ashley Dean Powell
answered on Sep 14, 2018

Typical "lawyer answer": it depends. It really depends on the contract you negotiate with the Seller and what you mean by "as is".

Take, for example, Colorado's form Contract to Buy and Sell Real Estate (Residential). In Section 10.2 of this standard contract, the...
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2 Answers | Asked in Real Estate Law for Colorado on
Q: I’m a homeowner in Colorado. There are two mechanics liens, both less than $1000, filed in 2005. Both were paid.

Both businesses are now defunct. How do I have them removed?

Timothy Canty
Timothy Canty
answered on Sep 13, 2018

You should have required releases upon payment (I'm sure you know this). A lawsuit to foreclose any mechanics lien must be filed no later than 6 months after the work is completed or the lien expires. Even if not paid, these liens would have expired long ago and you should not have to do... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: Landlord won't fix appliances; threatened if we don't like it to find another place to live. Can we terminate early?
Ashley Dean Powell
Ashley Dean Powell
answered on Sep 8, 2018

You're going to hate the answer: it probably depends. There are many things that landlord may be required to fix simply to satisfy his warranty of habitability--to provide you with a safe place to live. With respect to many appliances, however, landlord's obligation is probably defined by... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Patents (Intellectual Property) and Probate for Colorado on
Q: if my grandparents had legal custody of me when I was kid do I have say over the living will if they have passed

My grandparents had legal custody and guardianship of me and my brother when we were kids up until I turned 18 they're passed away and my uncles are trying to evict me from the home I live in which is my grandparents do they have the right evict me from her home even though she said I could... View More

Ashley Dean Powell
Ashley Dean Powell
answered on Sep 8, 2018

The short answer: you probably have an uphill battle.

One very fundamental value of estate planning is the opportunity to express your wishes in writing (through a will or trust instrument, for example) so that there will not be disputes after your death (or, at least, there may be less...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: Can my landlord still legally enter home, even if he wasn't the one that sent notice of entry?

My landlord has the property of townhome for sell, I've had no problem with viewings until now but I have my baby shower the same day they want to view my home. I haven't denied any access to my home prior to this, I've even let my landlord view my home with a 4 hour notice. I denied... View More

Donald C Eby
Donald C Eby
answered on Sep 6, 2018

Likely, your landlord has no right to demand entrance under the above facts. But, the depends upon the language of the lease.

If he tries to force his way into your home, you can call the police.

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1 Answer | Asked in Real Estate Law for Colorado on
Q: Is it legal in Colorado for my rental agent to increase my rent with a text message, i.e. "in writing?"

Is it a legally binding contract if I do not reply?

Donald C Eby
Donald C Eby
answered on Sep 6, 2018

If you are on a month to month, maybe.

If you are on an annual lease, not likely.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Colorado on
Q: CO Landlord: Will give 21-day notice to quit for a month to month lease. What happens if tenant doesn't move out?

Can we get a Writ of Restitution or do we have to do a 3-day notice & do a regular eviction if tenant doesn't move? If they don't pay rent on due date we can do an eviction anyway plus we have other breaches of lease. We want our unit back to sell it. We preferred the 21-day notice... View More

Donald C Eby
Donald C Eby
answered on Aug 29, 2018

If the tenant does not comply you'll need to file an eviction action with the Court in order to get a Writ issued by the Court. We'll be happy to help you if you are unfamiliar with the legal process.

2 Answers | Asked in Real Estate Law for Colorado on
Q: Can a renter keep an adjoining property owner from using about 10 feet of the property they are renting if the owner

of the rental property gave permission to the adjacent landowner to use the 10 feet strip of the rental property? The 10 foot strip is outside of the 6 foot tall privacy fence for the rental which has been in place for several years.

Timothy Canty
Timothy Canty
answered on Aug 23, 2018

Generally, the tenant has the right to exclusive possession of the entire rented premises. I would need to see the lease to be sure, but the neither the owner nor a third person can violate the tenant's right of possession unless that area was excluded from the leased premises.

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1 Answer | Asked in Foreclosure, Real Estate Law and Arbitration / Mediation Law for Colorado on
Q: I want to know if Home Relief Services is a ligit company helping people with loan modification.
Thomas A. Grossman
Thomas A. Grossman
answered on Aug 20, 2018

You can go online and look at their website. You can also look up reviews of this company and read them. Finally, you can access "Yelp" and review the company if you can fine it.

1 Answer | Asked in Real Estate Law for Colorado on
Q: Can I take my personal leads with me when I leave Real Estate Team
Donald C Eby
Donald C Eby
answered on Aug 15, 2018

This depends upon your independent Contractor agreement...Probably not.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Colorado on
Q: Can a landlord evict a tenant from a property which the tenant has never lived in? In Jefferson County CO.

My landlord was denied possession of property at a Forced Entry and Unlawful Detainer hearing by the judge because they wrongfully evicted me. The next day landlord puts a notice for compliance or possession from the residential property that common areas were located. I have never lived at that... View More

Donald C Eby
Donald C Eby
answered on Aug 11, 2018

Seems like a very complicated factual situation. You should contact an attorney and ask for an in office or telephone consultation so that you can have a conversation about the facts and how a judge may apply the law.

Good luck!

1 Answer | Asked in Real Estate Law for Colorado on
Q: Can someone other than the owner handle an eviction using a power of attorney?
Donald C Eby
Donald C Eby
answered on Aug 10, 2018

Likely yes, assuming that the Power of Attorney is a General Power of Attorney or otherwise conveys the proper authority from the owner/landlord.

1 Answer | Asked in Real Estate Law for Colorado on
Q: I closed on a home and the sellers did not fully comply with the inspection objection repairs, now I have to pay.

I closed on a home and the sellers did not fully comply with the inspection objection repairs, now I have to pay to have those repairs made. They include jetting of the underground sewer system and repairing a leak on a boiler. Both of these items were on the Inspection Objection. The boiler... View More

Donald C Eby
Donald C Eby
answered on Aug 8, 2018

You can sue the sellers for breach of contract.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: I'm the landlord. Lease states occupancy no more than two adults without written okay, can minor child occupy?

We are six months into a two-year lease. Found out tenant has her daughter living there. No notice given. Lease states occupancy "...no more than two adults without prior written permission from Lessor." Technically is my tenant in breach of the lease?

Donald C Eby
Donald C Eby
answered on Aug 4, 2018

It is not likely that a Judge would evict this tenant on the facts you present.

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1 Answer | Asked in Real Estate Law and Civil Litigation for Colorado on
Q: Selling broker&owner&did not disclose flooding in the basement. We have had 3 floods in the past 4 ms,she knew,pls help!

She obviously lied on disclosure, even neighbors have commented on this fact & willing to testify in court. We have over 30K in damages & necessary repair. I'm not interested in mediation, how to go about persuing litigation & should I make a complaint to board of realtors. She... View More

Donald C Eby
Donald C Eby
answered on Aug 3, 2018

This is called Fraud. You likely have a claim against the seller and may have a claim against her and even your broker. You should contact an attorney to help you bring this case. If you used a Broker and the Colo Real Estate Commission forms then in addition to your damages you may be able to... View More

1 Answer | Asked in Real Estate Law for Colorado on
Q: if You have one month left on your lease and just closed on a house can you get out of your lease early
Donald C Eby
Donald C Eby
answered on Jul 29, 2018

If your lease has a provision that allows you to terminate based on your purchase of a home then you have the right to terminate. Otherwise, you will need to come to a mutual agreement with your landlord RE early termination.

A lease provides you the opportunity not the obligation to...
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2 Answers | Asked in Real Estate Law for Colorado on
Q: I need to remove ex boyfriend from the title to my house

My father gave me the money to buy the house

Ex boyfriend pressured me into putting his name on the deed

James A. Greer
James A. Greer
answered on Jul 29, 2018

Dear Girlfriend Needs Clear Title: Your options are to achieve ex-boyfriend's voluntary transfer, or else you'll be forced to file an action in District Court. If through voluntary means: present a recordable Quitclaim Deed for him to sign before a Notary and then record the Quitclaim... View More

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1 Answer | Asked in Real Estate Law for Colorado on
Q: Recently sold a house. Have buyers $1300 for caret with cat urine smell/stains. 7 weeks after closing, seller wants

Money saying urine is in drywall and maybe subfloor. Put in disclosures that we had cats and dogs. Do they have a case if they decide to sue?

Donald C Eby
Donald C Eby
answered on Jul 26, 2018

Your Buyers do not have a strong case based on the facts presented. If they bring suit against you, I'll be happy to defend you.

Good Luck!

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