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Colorado Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Colorado on
Q: My title company is asking me to indemnify them from any outstanding bills from our new home builder, subs, etc. Legal?
Anthony M. Avery
Anthony M. Avery answered on Dec 15, 2020

It appears that the title company does not trust your builder. You might wish to consider either obtaining another contractor or another title company, or both.

2 Answers | Asked in Real Estate Law, Agricultural Law, Land Use & Zoning and Landlord - Tenant for Colorado on
Q: What should I do to stop them & keep them from continuing to use my land/barn? What do I do about the solar panels?

I live out of state, it appears my neighbor has installed solar panels on my property & are using & making improvements to my barn.

Donald C Eby
Donald C Eby answered on Nov 30, 2020

It is nice of your neighbor to make valuable improvements to your property! But, I suspect that your neighbor does not see it that way. I suspect that you'll need to bring a lawsuit to enforce your rights. But, you could start by calling the police to make a trespassing claim or have an... Read more »

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1 Answer | Asked in Real Estate Law for Colorado on
Q: If you are are partial owner on a property title, can you be sued for the full equity in the property?

My mother in law needs to be a partial owner to occupy a condo I own. She got in a car accident 1 1/2 years ago and the claim has not been closed. I am worried about putting her on the title (even at 1% ownership) with the claim still pending.

Donald C Eby
Donald C Eby answered on Nov 16, 2020

You should be concerned. If she is an owner. This creates an asset from which the creditor from the car accident could levy to force payment of the debt. It is a lot more complicated than that, but you should consult an attorney before simply filing a Quit Claim Deed to add anyone to title to... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: I have to pay for gas, sewer, etc but my apartment complex is double charging sometimes triple charging.

When I go into the office to try to fix the issue she becomes irate, and comes off like I'm crazy I've tried calling corporate no answer what do I do?

Sean Maye
Sean Maye answered on Nov 11, 2020

What you are required to pay for depends on what your rental agreement says. A lawyer would need to review that agreement and compare it next to the landlord-tenant laws to best assess your rights. Generally speaking, however, you never be double-charged or triple-charged for anything and you... Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Colorado on
Q: Can property staff add rules not in the lease? Tenants now have to show ID to enter & exit the open layout apt. complex
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Oct 31, 2020

When you sign a lease it is common to have a provision that you will abide by the Association/Complex/Building Rules. These can be modified at any time without changing the terms of your lease. If the rules now provide that ID must be shown, then under the terms of the lease you must abide by the... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Colorado on
Q: Is an HOA responsible for responsible to repair a sewage line that services only one unit?

My HOA is facing a dispute on who should pay for repairs on a home water drainage blockage. An owner had an issue in the drainage pipe inside their dwelling that led to a blockage in the main drainage pipe that services only their unit. The owner hired a cleaning service for their pipes and the... Read more »

Donald C Eby
Donald C Eby answered on Oct 24, 2020

The specific language of the HOA governing documents and the specific facts of the blockage and cause of the blockage will be determinative here. If the parties cannot come to an agreement involving an attorney may help to get this resolved or properly prepare the case for ligitagion.

1 Answer | Asked in Real Estate Law for Colorado on
Q: can i get out of an easement agreement house sold 1 mo ago way too binding on my use of my own property Sara Passarelli
James A. Greer
James A. Greer answered on Oct 18, 2020

Dear Property Owner With Easement: A standard easement is a recorded document that is binding on both owners (both the "servient" and the "dominant" parcel owners), and an easement "runs with the land" (meaning, attaches to the property and impacts all future owners... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Colorado on
Q: I have rented the same house for 7 years. We just signed a lease ending sept 2021. It just came to our attention that

the house is deed restricted and therefor the landlord is in violation of the deed restriction by renting the house out. He is putting pressure on us to buy and we are looking into it, but he says if we don't soon he will put the house on the market and we are going to have to move out. Is... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 16, 2020

Probably true. But you will need an attorney if you contest. Its a cost benefit analysis. To purchase, contest or move - those are the questions. If contest then see an attorney in the county where the property is located.

2 Answers | Asked in Real Estate Law for Colorado on
Q: If the seller and their RE agent were aware of foundation issues, are they legally bound to report them?

Seller was executor, however we also learned for the past 10 years they have been the sole caregiver for the property (replacing roof, electric, etc). We came across someone previously under contract who provided the estimate they received for foundation work. Are they legally bound to... Read more »

Donald C Eby
Donald C Eby answered on Sep 29, 2020

Withholding knowledge of a material defect like an expensive foundation issue from a potential buyer could subject the Seller to triple damages in a lawsuit. If you are the buyer you should contact an attorney ASAP.

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1 Answer | Asked in Real Estate Law for Colorado on
Q: Do we have any recourse? Elevator leg fell over on my father's garage due to a bad storm. He has no insurance.

They will not respond to any questions. Completeley destroyed garage.

Donald C Eby
Donald C Eby answered on Sep 3, 2020

If someone else owns the Elevator Leg you have a claim for damages against them. You may want to get an attorney to assist you.

1 Answer | Asked in Real Estate Law for Colorado on
Q: Our neighbor's tree fell on our house causing $389 in damage. They told us to make an insurance claim. Who should pay?

The tree is clearly rooted in their property. Our neighbor's property is managed by Walter's and Company, who did remove the fallen tree after we alerted them to the issue. Walters and Company Property management has stated that they will not be paying for any repairs needed from their... Read more »

Donald C Eby
Donald C Eby answered on Sep 2, 2020

This is a claim that you would likely win if you were to bring the case in Small Claims Court.

1 Answer | Asked in Real Estate Law for Colorado on
Q: is it true that if something isn't specifically prohibited in homeowner association covenants, then it is allowed

Some board members have decided to interpret the covenant 5.23 vehicles. " No snowmobiles, all terrain vehicles, or off-road vehicles shall be operated in River Terrace. No vehicles may be stored outdoors." that no rv's, travel trailers, campers, trailers can be parked anywhere on... Read more »

Donald C Eby
Donald C Eby answered on Sep 1, 2020

You may want to consult with an attorney to respond to your HOA to dispute the HOA's overreaching attempt to enforce the convents.

The HOA only has the power specifically granted to it in the HOA documents.

1 Answer | Asked in Real Estate Law and Construction Law for Colorado on
Q: County wants us to get a permit for basement finish from 2006 which was two owners ago.

They tell me I need to pay 650 dollars to make our home legal. We have a coo.

James A. Greer
James A. Greer answered on Aug 26, 2020

Dear County Compliance questioner: I'm afraid that your defense "it's been unlawful for a long time" is not adequate for you to avoid the Colorado Municipal Law pertaining to the County's jurisdiction over unpermiited structures. To perhaps smooth over your anguish about... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: Iif a hot water pipe runs in the walls and in another unit, other. The than one it feeds, who is responsible? Hoa/owner

Pipe is leaking due to original install practices.

Outside of "unit" or "air space" of feeding unit.

Located in wet wall below the subfloor for my unit.

Discovered by downstairs unit during remodel.

Feeds my kitchen sink but pipe travels through... Read more »

James A. Greer
James A. Greer answered on Aug 26, 2020

Dear Condo Owner with leaking plumbing pipe: If I am reading your question accurately, you have a situation where a water sourcing copper pipe that is leaking and caused damage to your flooring and possibly to downstairs neighbor, and you want to know if you or the HOA is responsible. Here's... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: Can an HOA enforce view corridors of neighbors for building a house? Is there a law, or case on the topic?

An HOA claims they can enforce a lower height limit than usual, or a larger setback than usual, to keep us from building a house too close to a neighbor's view corridor (even though the neighbor thinks our proposed plan is fine). We are aware that a view easement can be purchased to protect a... Read more »

Donald C Eby
Donald C Eby answered on Aug 11, 2020

It is possible for an HOA to have this authority. But, it is also common for HOAs to overstep the limits of their authority. I recommend contacting an attorney who represents homeowners against HOAs to review any documents, HOA Covenants, bylaws, rejection letter, recorded easements, etc. and... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: Colorado builder missed the cert. of occupancy date. Builder did obtain COO before termination letter. Earnest money?

Signed standard contract with builder in Colorado with a firm cert of occupancy date. Builder missed date but obtained before we sent termination letter. Are we due our earnest money, builder is withholding.

Donald C Eby
Donald C Eby answered on Jul 24, 2020

Maybe. There is no such thing as a "standard contract with a builder." But, your rights WRT claiming that the builder breached by missing the contractual deadline for delivery and your remedies are going to be dependent upon the language in the contract. I recommend that you have an... Read more »

2 Answers | Asked in Real Estate Law for Colorado on
Q: Can we get our earnest money back if Association changes covenants after approval but before closing.

Signed a contract to build house in Colorado. Received Association doc's after deadline. When received we approved. Before closing the Association approved new covenants. When we received these new doc's we terminated the contract within the 10 days. Are we due our earnest money?... Read more »

John Roland Lund
John Roland Lund answered on Jul 24, 2020

The Association docs you reviewed and approved probably set out the process for the Association to approve new covenants. If that process was followed and all took place after you approved the Association docs, then you probably cannot avoid the obligation to either close on the sale or lose your... Read more »

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Colorado on
Q: My ex-girlfriend never paid rent and never signed the lease she got letters here and stayed nights is she a tenant?
Anthony M. Avery
Anthony M. Avery answered on Jul 14, 2020

If she physically stayed there overnight, stored belongings there, on a regular basis, then she is a tenant. That is she is an occupant in possession. She does not need a formal lease contract, especially where you do.

1 Answer | Asked in Estate Planning and Real Estate Law for Colorado on
Q: If I am considered disabled and I inherit a house worth $350,000 can a very old child support case put a lien on it?

Also, because of my disability child support has not pursued me for quite some time now

Sabra M. Janko
Sabra M. Janko answered on Jul 8, 2020

A child support lien can be placed on a real property asset regardless of the age of the support case.

1 Answer | Asked in Real Estate Law for Colorado on
Q: I was given a house and there are people living in it what do I need to do to evict them
Donald C Eby
Donald C Eby answered on Jul 4, 2020

If you have asked them to leave and they refuse you'll need to evict them via the judicial system. This starts with legally sufficient notice.

If you are unfamiliar with the process I recommend that you contact an attorney to discuss the process, maybe help you with a proper notice,...
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