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Colorado Real Estate Law Questions & Answers
1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Native American Law for Colorado on
Q: Should I sell my interest

I have trust land and the tribes want to buy my interest and conveyance for something

Michael Joseph Larranaga
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answered on Oct 19, 2022

Afternoon,

I think you need to get in touch with an attorney specializing in Indian law for your specific tribe. I used to work in oil and gas in a none legal capacity and know there are different levels of ownership within the tribe. I think it would depend if you are an owner, have a...
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1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for Colorado on
Q: What are the rules of civil court about Your attorney being your live in boyfriend.? Can the case get thrown out ..

I'm pretty sure they have been working on setting up this case up before it even went to the courts.Things and questions the plaintiff started asking and having me do seemed weird too at the time.I just found out that he is her attorney.They hv been putting his law firm name instead of his... View More

Anthony M. Avery
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answered on Feb 14, 2024

Based on your facts, no ethical rules are violated. You probably need to look at the law dealing with whatever cause of action is involved, but first you have to have standing. Intervenors get thrown out all the time.

1 Answer | Asked in Lemon Law and Real Estate Law for Colorado on
Q: Seller disclosed their house had a Class 4 roof but cannot certify the roof quality after the purchase. Buyer recourse?

I bought a single family residence after the seller disclosed the house had a Class 4 roof. My property insurance discount is contingent on having a Class 4 roof. Neither the seller nor El Paso County can provide me with any evidence to certify the roof is Class 4. What is my legal recourse?

John Michael Frick
John Michael Frick
answered on Jan 23, 2024

You can hire an inspector to inspect the roof and certify that it is, in fact, a Class 4 roof, and provide that certification to your property insurer.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Colorado on
Q: Caretaker for gmother's home while on market never paid for 6 months until interested buyer, can I b thrown out

Two aunts ,who has done other embarressing actions, also I'm homeless

Anthony M. Avery
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answered on Nov 16, 2023

Whoever has title to the home can sue you for possession.

1 Answer | Asked in Real Estate Law for Colorado on
Q: Is partition action the only remedy if an unmarried couple needs to sell their home? They have joint tenancy.

One partner assumed the original mortgage after divorce. The other bought out the ex-husband using a second mortgage against the property.

Michael Joseph Larranaga
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answered on Oct 28, 2023

No partition is a option. Allot of your options depends on the other party, where the property is located and various other facts.

Most partition situations can be handle via contract as well. I would do some research and reach out to an attorney to discuss your options.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for Colorado on
Q: staying on friend's property she died her husband died his mom had my personal property removed can she legally do this

deed is still in dead friends name

Anthony M. Avery
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answered on Jul 28, 2023

The mother is probably an heir at law of the last owner. She probably has the authority.

1 Answer | Asked in Government Contracts, Land Use & Zoning and Real Estate Law for Colorado on
Q: What are examples of a piece of real estate being used or held for government purposes?

We are looking to possibly sell a piece of real estate that is currently blank land. It is used for carnivals and parking. On the same parcel (which would be subdivided). There is an event center which is owned by the City however this land is on the other side of the parcel and undeveloped. I do... View More

Michael Joseph Larranaga
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answered on Jul 21, 2023

It sounds like you may have a title issue.

If you are concerned the government is using the land without your permission, it could be a taking or trespass. It is also likely there is some type of agreement on the property. Regardless, you would need to dig deeper into it.

This...
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1 Answer | Asked in Personal Injury, Real Estate Law, Antitrust and Arbitration / Mediation Law for Colorado on
Q: I have lived here 2 years. I am being harassed and evicted. Acute PTSD. No non payment issues. Neighbors like me.

They are retaliating and trying to provoke me so it'll be easier for them to evict.

James L. Arrasmith
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answered on Jul 11, 2023

I am sorry you are dealing with this. You should keep a record of the harassment, talk to the landlord, file a complaint with the housing authority, or consult with an attorney.

1 Answer | Asked in Real Estate Law for Colorado on
Q: Can I sign a new lease if I have 61 days notice of a rent increase in colorado if the notice is 60 days

I have one day before a 63 day notice of a rent Increase. That would start 63 days from today Can I sign a new 12 month lease before the 60 days of the time period before the rent increases. So with in thoughs 3 days can I sign a new lease?? I live in a mobile home park.

Peter J. Weinman
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answered on May 1, 2023

That's very creative, but you received actual notice of the increase, so if you're asking whether you can avoid the increase by renewing quickly, the answer is no - unfortunately.

----

I'm not licensed in your state, so let's make sure someone else doesn't chime in to tell you I'm wrong!

1 Answer | Asked in Estate Planning and Real Estate Law for Colorado on
Q: If a deed reads name HEIRS OF (1/3 INT) Name Name Name (1/3 INT) Name

What does this mean on a deed to property in colorado. So where it says Name are the people's name on the deed

Kevin Michael Strait
Kevin Michael Strait
answered on Mar 8, 2023

I can't interpret the phrasing on the deed without seeing the entire document, but in general, the phrase "1/3 ENT" likely means a "one-third interest" or a one-third ownership is conveyed to that person. Contact an attorney and ask for help interpreting the deed and... View More

1 Answer | Asked in Real Estate Law for Colorado on
Q: Month-to-month lease: Our landlord wants to impose a 50% fee to make us sign after raising rent in the last year. Legal?

Our rent was last raised in July. C.R.S. 38-12-702 is supposed to prevent landlords from raising rent more than once in the last 12 months, even for month-to-month leases. Our real estate company wants to impose a 50% fee for month-to-month renters in order to "incentivize" signing a new... View More

Michael Joseph Larranaga
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answered on Feb 28, 2023

It depends. If the 50% fee is a holdover fee, then it may be legal. If it is a late fee or rent increase, then it becomes more doubtful. Late fees should not be close to that amount. A rent increase can be to any amount provided they meet the timeframe requirements.

If the fee is not...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: Primary mortgage lien through company A. They sold it to company B. Lien still under A. Do I owe company A?
Timothy Canty
Timothy Canty
answered on Nov 11, 2022

Company B is likely just the servicer and not the actual note holder. This happens routinely and and is generally nothing to worry about.

1 Answer | Asked in Contracts and Real Estate Law for Colorado on
Q: Are you able to request invoices/receipts from your landlord to recalculate the itemized list of deductions from deposit

We got a reconciliation with amounts withheld much higher than expected, and the numbers are all even and round. We do not feel like this is the actual amount paid for any damages that he claims are beyond “normal wear and tear”

Michael Joseph Larranaga
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answered on Oct 12, 2022

There are very strict requirements around security deposits. I encourage you to reach out to an attorney. If a security deposit is wrongfully withheld if may subject the landlord to treble damages plus attorney fees and cost. Like I said, it does not hurt to talk to an attorney.

Please be...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: Can I sue a seller for nondisclosure for failing to disclose roof damage on the sellers property disclosure?

After closing on the condo the HOA levied a special assessment for $6,000 for roof repairs. The seller provided HOA meeting minutes that mentioned the hail damage but said it would be repaired by the end of the month prior to closing. The seller did not disclose anything relating to roof damage... View More

Michael Joseph Larranaga
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answered on Oct 12, 2022

It could be an issue if the buyer knew about the damage, knew it would not be repaired prior to closing, and failed to disclose it.

You will most likely need an attorney to determine if this qualifies as a breach of contract.

Please be aware that any answer is based on all the...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: My mother and father bought this property 19 years ago and I have occupied since day 1 my father passed Can I be evicte

Or are there rights protecting me

Michael Joseph Larranaga
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answered on Oct 12, 2022

If you have stayed on the property as a guest, it is considered a license. A license can be revoked meaning that you can be evicted. Due to the duration of time, you may even be a tenant. But a tenant without a written lease that is provided with a notice to quit may also be evicted. I would... View More

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Colorado on
Q: Can you live/camp in the backyard of an unfinished home if you are not the owner?

A home on our street was torn down and a new home was started but only got as far as framing the house, then the progress stopped 2 years ago. The owner lives in Florida (this home is in Colorado) and the owner's son is homeless and has schizophrenia camps in the backyard. Other homeless... View More

Michael Joseph Larranaga
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answered on Oct 3, 2022

In short, it would be difficult to force the sale since you do not have an ownership interest.

Could there be other legal remedies? Potentially. You should call an attorney to check.

If the occupants are there without the landowner’s permission, it could be trespass. Again, it...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: can a owner give me 30 day notice to vacate for no reason other than not a good fit after I’ve been there a week?

I just moved into to and owner occupied home I have the whole garden level space. After 1 week owner says not a good fit provides a 30day notice to vacate. I have had no violations, not loud it’s just me and my 13lb mini Aussie. I’m disabled and hispanic so I’m not sure if she is... View More

Michael Joseph Larranaga
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answered on Oct 3, 2022

It depends. You need to talk to an attorney. If you are on a month-to-month lease, they may be able to terminate without cause on a 30-day notice. IE, they may not need a reason. Regardless, they need to follow both the lease and forcible detainer statute.

Regardless, more information...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: If the whole building is shutdown deemed unlivable and Tennant decides to break the locks and move back in against

health regulations. Is he still entitled to get his deposit back

Michael Joseph Larranaga
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answered on Oct 3, 2022

It is very possible. The security deposit can often be used to repair damages caused by the Tenant. This all depends on the lease. The landlord may not be entitled to keep the security deposits just because the building has been condemned. More information such as the amount of damage caused by the... View More

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... View More

Michael Joseph Larranaga
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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
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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.... View More

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