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Colorado Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Products Liability and Construction Law for Colorado on
Q: Contract/money exchanged for a remodel project with ho-owner in Early September. HO wants to now cancel and get refd

Time and material cost and possible of it changing was made clear from the start. Order was delayed and arrived wrong (this last monday). Lumber company was willing to except fault for mistake and meet us half way on materials cost increase. Homeowner eminently cancels and whole project and demands... Read more »

Donald C Eby
Donald C Eby answered on Nov 22, 2020

You ask a lot of great questions. I suspect that you do not owe a full refund and I question the homeowners right to cancel. But, the answers to these questions are found in your contract. I recommend you bring your contract to an attorney to have it reviewed along with your facts and expenses.... Read more »

1 Answer | Asked in Consumer Law, Contracts, Business Law and Small Claims for Colorado on
Q: Can my wedding vendor steal my money and not provide the service?

I am getting married Oct 24th, and we asked a growing photographer who was a friend to take pics. No contract was signed, but I paid him. He is now moving out of state and lost the 2nd photographer and said he can't refund the money... We asked him to just photograph alongside new... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 14, 2020

That can be very frustrating.

This sounds like a breach of contract.

Just because there was no signed document does not mean there's no contract.

A contract is the agreement, not the paper.

It sounds like there was a verbal agreement to provide services in...
Read more »

1 Answer | Asked in Consumer Law, Contracts and Products Liability for Colorado on
Q: Can I return a used car I bought outright within 3 days?

I bought 2 cars on the 24th... They r turds upon further inspection and I don't want them... Do I have ANY recourse?

Tim Akpinar
Tim Akpinar answered on Jul 21, 2020

A Colorado attorney could advise best, but your question remains open for four weeks. As a GENERAL premise of contract law, the deal is sealed upon signing. SOME jurisdictions have provisions for rescission with certain types of contracts. But it would be best for you to contact a Colorado attorney... Read more »

1 Answer | Asked in Consumer Law for Colorado on
Q: I have used incognito for years. Am I eligible for a settlement if if happens?
Adam Savett
Adam Savett answered on Jun 8, 2020

This is a brand new case that was just filed last week.

There is no settlement, no judgement, nothing to claim at this point.

Class action cases take time, often 2-5 years from the time they are filed until they are resolved.

And there is no guarantee that the case will be...
Read more »

1 Answer | Asked in Consumer Law for Colorado on
Q: I think this is a fraud and need help! I have been scammed by a timeshare company in Mexico. Four months ago a Mexica

Four months ago a Mexican attorney called me informing me that he could retrieve my money. I submitted all documents of my loss, he submitted my claim to Tribunal Supremo de Justice and the Judge awarded $212,000. The money was placed in a BBVA account with me as beneficiary. Then I received a... Read more »

Michael Hales
Michael Hales answered on Jun 2, 2020

I agree that this is likely a scam. Please let me know if have questions or would like to chat.

1 Answer | Asked in Consumer Law, Business Law and Construction Law for Colorado on
Q: Had a contractor built a fence, did not follow the material guidelines outlined in the HOA. Can I sue for his poor work?

Me and two neighbors(N1 and N2) hired a contractor to build a fence, we all signed separate contracts. This contractor did a very poor job. The work is bad, I have pictures to document it all. When I showed him the work, he said i was being "nit picky". I asked him about the gaps in the... Read more »

Donald C Eby
Donald C Eby answered on May 8, 2020

You may have a claim, a strong demand letter from an attorney may be a good first step. The strength of your claim will depend upon the language contained in the contract.

1 Answer | Asked in Consumer Law, Small Claims and Medical Malpractice for Colorado on
Q: Does a dentist have to tell you your condition , risk, & the alternatives to prevent your condition from worsening?

Does a dentist have to warn you about bone loss in your jaw, & that it’s going to get worse once your remaining teeth are pulled before pulling your teeth. & if there’s a preventative option that will prevent the further bone loss does he have to tell you that ?

Tim Akpinar
Tim Akpinar answered on Mar 17, 2020

A Colorado attorney should advise you on this, but your post remains open for four weeks. You raise the doctrine of informed consent. Yes, you should be warned about the risks associated with any procedure. You could contact a Colorado attorney to discuss your matter and learn about the doctrine in... Read more »

1 Answer | Asked in Consumer Law and Animal / Dog Law for Colorado on
Q: Can a veterinarian charge me for a spay when she was already fixed?

Vet saw the scar (really faint) and still cut her open with out calling me to confirm if I wanted to move forward. The dog is a rescue so there is not much history on her. The vet said she is still charging me for a spay since she had to try and find the uterus. I also did have a gastro pexi done.... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Mar 5, 2020

This sounds like veterinary malpractice...if your pet was already spayed prior to the procedure, then the vet should not have opened her up again. Typically, the scar in the place of the animal's reproductive area is enough for a vet to know that a spay had been previously performed.

1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Real Estate Law for Colorado on
Q: Can a landlord sell the property you're renting, if you have a standing year lease?

This is actually the second time our landlord has done this. We live in a duplex, and our land lord posted it for sell without notifying us. What happens when it sells and changes hands?

Nina Whitehurst
Nina Whitehurst answered on Dec 3, 2019

Yes a landlord can sell the property. The buyer must honor your lease.

1 Answer | Asked in Consumer Law and Construction Law for Colorado on
Q: I recently was charged a fee of $1000 for 3 days late Payment on a $4088 b’room remodel. Is this legal? Ursury? Colorado

Contract stated 25% fee every week for non payment. The original invoice was in dispute, and after 7 days they charged me $1022 in interest on an invoice of $4088. I believe in Colorado the ursury limit is 45% per annum. Does ursury limits apply in this case, or is it just consumer loans (money... Read more »

Donald C Eby
Donald C Eby answered on Nov 2, 2019

Usury does apply to late fees in lease agreements.

You may want to get an attorney to help you in dealing with this party. A demand letter from an attorney could help to convince the opposing party that this will not work out well for him/her.

1 Answer | Asked in Civil Rights, Consumer Law, Small Claims and Criminal Law for Colorado on
Q: My friend stored my wedding dress at her house. I have asked her for it back. She says she never had anything. Help!

This happened in Colorado, I now live in Kansas. I've asked to have a friend come by and pick up the dress. She says she never had anything. Can I sue her for the amount of the dress or the dress back?

Tim Akpinar
Tim Akpinar answered on Oct 2, 2019

Such a case could be difficult without some form of proof. A judge/jury would look at your assertion and the other side's denial, and not have a means of deciding the matter without some evidence to support your position. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law and Products Liability for Colorado on
Q: Defective glue in Walmart Halloween false eyelashes made my eyelashes fall out overnight!!

The adhesive did not work, so after a few minutes I tried to rinse it off my eyelids but it did not come off. This morning I woke up with my eyelashes stubs or missing. It's going to cost me a lot of money and eyelash extensions and latisse plus the emotional harm of being a woman without... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 28, 2019

I'm sorry for your ordeal. As a starting point, you could consult with a Colorado attorney who handles injury cases. If there are any medical records for injuries, and I hope there were none, those would be relevant. Case or no case, if you have concerns about the impact of the toxic... Read more »

2 Answers | Asked in Consumer Law, Real Estate Law and Collections for Colorado on
Q: In Colorado,can we be forced to sell our home if there's a judgement lien from Credit Card debt ($22,000) on the home?

It's our primary residence and my husband (age 64) is the sole owner/mortgage holder.

Donald C Eby
Donald C Eby answered on Sep 17, 2019

Can a creditor foreclose on your home to satisfy a Lien? Yes. But, you will have an opportunity to prevent the foreclosure and it is seldom financially feasible to foreclose to collect on a debt that small.

Have you considered BK to eliminate the debt?

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1 Answer | Asked in Business Law, Consumer Law, Contracts and Criminal Law for Colorado on
Q: can I get criminal charges for not returning a vehicle I have financed but haven’t Piad

They have tried to repo it and now I have an investigator calling me threatening a felony.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 7, 2019

You are standing in a large pile of deep do-do. Hire a criminal defense lawyer immediately.

1 Answer | Asked in Consumer Law and Contracts for Colorado on
Q: see details

I'm a contractor in Colorado. I have a previous customer that contacted me about doing another building for them. I gave them a price. They proptley wrote out a deposit check. I met up with them to sign the contract and take the check. When I got to their residents they wanted to add more to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 29, 2019

Unless you are able to PROVE you lost out on the second job the people who are going to sue you will probably win. So, unless their deposit was HUGE, you would be smarter to refund it than spend it on defense lawyers.

1 Answer | Asked in Consumer Law for Colorado on
Q: i own a lawn equipment repair business, many times customers leave theirequipment, because they dont want to repair it.!
Tim Akpinar
Tim Akpinar answered on Jun 23, 2019

You could contact a Colorado attorney to ask how much it would cost to draft a basic agreement to be used from now on by customers bringing equipment for repair. Some of the issues covered could include actions you'll take with equipment that is abandoned, charges for disposal of waste streams... Read more »

1 Answer | Asked in Consumer Law, Contracts, Copyright and Employment Law for Colorado on
Q: Hello, I want to know if I can create an app that gives people dating advice & helps them update their profiles?

I was wondering if it’s illegal to create an app that gives people dating advice, as well as help people get their online profiles up to date and make them more presentable for the type of person that they’re looking for. I would state that I’m not a therapist or anything like that. But was... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 18, 2019

If you undertake this plan without having the input of at least two lawyers you will probably regret it. This situation is one that brings to mind the ancient warning: "If it looks too good to be true, it probably isn't."

1 Answer | Asked in Consumer Law and Contracts for Colorado on
Q: Who is responsible for intentional mechanic fraud. The owner or insurance company

We took a jeep to a mechanic to get it modified. We agreed on price and completion date. We paid him. The completion date was two weeks. Two weeks passed and it wasn't finished and we were never contacted. We contacted them days later. We were given several more completion dates which were not... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 7, 2019

Unless the mechanic has performance liability insurance (very unlikely) you will have to sue the mechanic. Very easy to do; collecting on a judgment later is very hard to do.

1 Answer | Asked in Consumer Law and Real Estate Law for Colorado on
Q: a borrower has the right to prepay the principle amount in whole or part of without penalty except with consent of note

Holder,who may require compensation for adverse income tax consequences of such early payments. what is a borrower to say or do if note holder ask the borrower for alot of money ?

Donald C Eby
Donald C Eby answered on Mar 15, 2019

Either the borrower has the right to pre-pay without penalty or he does not. This should be defined in the terms of the Promissory Note. Lender does not have the right to unilaterally change the terms or demand more. If there is no written promissory note - Lender likely does not have the right... Read more »

1 Answer | Asked in Consumer Law and Landlord - Tenant for Colorado on
Q: I am in a lease agreement and the owner has to sell the property. Is my current lease binding if the property sells
Donald C Eby
Donald C Eby answered on Feb 15, 2019

A change of ownership does not change your rights under the lease.

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