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This was an unsolicited offer by an agent and we don't have a signed contract with him either. Is email acceptance binding or can we rescind?
answered on Sep 23, 2017
In Colorado, Contracts for the sale of real estate must be in writing pursuant to statute. In some cases, a court may enforce oral real estate contracts if there has been some partial performance. To determine whether your email "acceptance" is valid or not, I would have to look at the... View More 
He wanted to sell and now he doesnt and he keeps telling me I cant sell with out his consent. I am the one who pays the bank, the house is in my name, he had bad credit so I put him on the title in hopes of building it. I found something about tenancy in common vs joint tenancy does that apply... View More
What do I have to do to get off mortgage?
answered on Sep 21, 2017
There are only two ways I know to get released from the mortgage. The lender can agree to release you from liability (not bloody likely) or your girlfriend can refinance by herself.
Seller in foreclosure, listed house with me, now have contract with buyers. Seller since found a way to stay in her home and doesn't want to sell. Buyers' agent wants to sue everyone. How can I help her stay in her home?
answered on Sep 21, 2017
Generally, a buyer is entitled to specific performance of a real estate contract as long as the buyer has not defaulted on any material terms. However, your seller could break the contract legally by filing a Chapter 7 or Chapter 13 bankruptcy. There are many other consideration before deciding on... View More
She has another place to go live and I do not trust her in my home anymore. Can I evict her? How much time do I need to give her before making her leave? Her name is not on the mortgage and there is no written lease agreement.
answered on Sep 13, 2017
The best practice is to provide 30 days written notice of termination. Some lawyers argue that notice is not required because she is not paying rent and not on the lease, but this approach presents risks and may not be legal in Colorado (esp. with a domestic relationship).
Are there any grounds that allow us to revise the lease to include a pet deposit or enforce that the kittens be re homed after the lease has been executed? we do not want cats in our house.
answered on Sep 13, 2017
Both the tenant AND landlord are bound by the terms of the existing lease. The landlord, like the tenant, can propose amendments or a new lease but neither side is obligated to accept any modifications. Applying pressure to amend via threated litigation, increased inspections/visits, and/or... View More
Can I sign 5 leases for 5 students for same house. Is Denver, Colorado allowed to rent the house to several university students not related by blood or marriage or any other legal relationship
answered on Sep 7, 2017
Most counties follow the related by law/blood plus one rule. That is, there can be only one additional unrelated person residing at a home. Note, many counties allow unmarried couples that are in a permanent relationship (usually with children) to county as "family". Some counties also... View More
COLORADO LAW- Since the entire 40 acres (Las Animas County) are each owned as undivided equal interest by each of us; how can I sell my 1/2 ?
AS INFO ONLY--- My brother has sold his 1/2 ( of 27 acres) interest in the same type ownership of raw land in MAINE. He did so with out my knowledge... View More
answered on Sep 1, 2017
Tenants-in-common (TiC) and Joint Tenants have nearly identical ownership rights. The basic concept is that if all owners are alive, each owner has a 100% interest to the entirety of the property, but is required to share the property with the other owners. Partial interests can be sold to other... View More
Colorado. No papers are signed yet
answered on Aug 23, 2017
Your idea will not avoid capital gains taxes on the gain from the sale. I am aware of three possible solutions to avoiding these taxes. First is a 1031 exchange and involves buying another qualifying property and rolling the gain into that - there are complicated rules to this. The second method is... View More
We are selling condo, currently under contract, our circumstances have changed, we want out of contract, in state of Colorado, how can we terminate the contract and what penalties would we incur?
answered on Aug 22, 2017
The sales contract defines the terms of termination and associated penalties. If you want to know the specific repercussions of termination you will need to hire an attorney to review the contract or you can review the contract yourself. Be warned, terminations are partially time sensitive, so you... View More
Judgement lien awarded to creditor in August, 2010. The judgement/lien was never renewed. It is still showing as unsatisfied, but the SofL in Colorado for a judgement issued in county court is 6 years. Is there a way I can clear this judgement/lien from the court record since the debtor never... View More
answered on Aug 20, 2017
Judgment liens create a new SoL tolling period beyond the SoL for filing suit. In most situations this is 10 years from the date the lien was authorized by the court. Usually, an additional 10 year renewal is allowed. Colorado also has some case law that under the right circumstances can further... View More
She just picked and chose what branches all green with leaves and hacked them out because she said when it was windy the branches would sway too much and she was afraid they would break.
answered on Aug 17, 2017
The neighbor is within her property rights to trim any growth that extends into her property. The neighbor is responsible for the removal/disposal of the cut branches.
answered on Aug 17, 2017
Generally, yes it is legal. Be aware the building(s) become part of the land and thus are jointly owned.
Also in the contract, they were able to stay until the 15th, when we closed on the 31st. So, when we did the walk through, they were there and we have pictures.
answered on Aug 16, 2017
Based on your facts, this is a violation of the sales agreement (this is not "illegal", but is a civil--contractual--violation). You should start by contacting the agent about this problem. If you reach an impasse you may need to contact a lawyer for assistance. Expect to pay for the... View More
We have lived on this property of 18 acres for over 20 years. There is a property across the highway that owns about an acre of property on our side of the highway. The owners of the other property have not used or complained of us using this property. We would like to get possession of this... View More
answered on Aug 14, 2017
Colorado has several restrictive requirements of adverse possession, the biggest hurdle for most AP claims is that the adverse party must pay real estate taxes on the disputed property for the minimum statutory duration.
Contact an attorney for details. Expect to pay for the opinion.
My Father passed away in 2007 in the state of CO with no will. He and my mom own vacant land worth around $60K in Texas. There are 4 lots all together. One deed for two lots is only in my dad's name. The second deed for the other two lots is in both of their names. Did the land pass on to... View More
answered on Aug 12, 2017
Title (deed) can only be transferred to parties not currently on the deed (assuming a joint tendency was selected) via probate. Due to the significant gaps of time from death, special rules will need to apply to open a probate case. You will need to hire a probate attorney for assistance because... View More
He paid 10k in updates and I am willing to pay him but I can't until my refinance is completed in about 30 days. How can I get him to leave before that? His name is not on the title but he pays me rent towards the mortgage
answered on Aug 1, 2017
If he is a renter you can move for eviction/termination (assuming there is an open lease term and/or it is a month-to-month lease). Be aware you must give notice of a termination of the lease (usually 30 days).
If this is part of a divorce, you can include your ex's leaving as part of... View More
I was renting a duplex that had more than 5 Colorado code violations, with only one that was ever resolved. They let me out of my lease under specific terms which they did not comply with as discussed. Now they are saying that I owe money for things I should not owe for at all. I would like to know... View More
answered on Jul 28, 2017
Based on the information provided, this likely will not be resolved until litigation occurs. If you are owed money, you will need to sue in small claims; if the landlord is owed money the landlord will need to sue you in small claims court. You can also try negotiating out of court.
You may... View More
answered on Jul 27, 2017
No. While under some circumstances there might be a shared obligation for regular maintenance of a boundary fence, that would not include having to repair damage carelessly caused by a co-owner. They should consider turning it in to their homeowner's insurance company.
Two weeks ago, Weyerhauser, who provides the floor joists, reported fire retardant spray mixture is new and is causing a noxious out-gassing. The floor joists are installed, drywall complete, wiring, plumbing, heating and A/C ducting is installed. Toll Brothers has no remedy. They have closed the... View More
answered on Jul 26, 2017
The contact will likely control here. You will need to hire an attorney to review the circumstances and the contact to review the available options.
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