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Colorado Contracts Questions & Answers
1 Answer | Asked in Business Law, Civil Litigation and Contracts for Colorado on
Q: can breeder require me to purchase a specific brand of food for a 2-4 year period?

the breeder is apart of a multi level marketing company that represent the food that is being required with the purchase of the dog

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 8, 2019

Probably not, most breeder contracts are not enforceable. The problem is that you may have to spend 4 or 5 months in litigation to find out.

I would suggest not dealing with a breeder that wants you to sign a contract they pulled off some fly by night website or who is running an MLM. If...
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2 Answers | Asked in Contracts, Divorce and Real Estate Law for Colorado on
Q: With a current month-to-month lease after lease expiration and couple separated, can I create new lease with one party?

Married couple rented my home in 2014, they have recently separated and he moved out. She wants to remain but is requesting a new lease with him left off. They renewed their lease in 2017 but are currently living month to month after that lease expired in 2018. I want to ensure he can't come after... Read more »

Donald C Eby
Donald C Eby answered on Nov 5, 2019

Yes you can. Just properly terminate the current Month to Month before creating a new lease with only one party moving forward.

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1 Answer | Asked in Contracts and Real Estate Law for Colorado on
Q: Rent to own. Oral contract. Fully paid the property off now Parents getting divorce and father refuses to sign over

I took a HELOC loan on my other property to pay this property off per our agreement after I paid the property off my parents are now getting a divorce and my mother agrees to the the agreement we had and is willing to sign over the property of to me but my father is not. We had an oral agreement... Read more »

Donald C Eby
Donald C Eby answered on Oct 30, 2019

You may have some rights and remedies. I recommend that you contact an attorney to discuss the exact facts, agreements, evidence, willingness of Mom to cooperate, etc. Then you'll be able to make a decision about how to move forward in demanding your property.

1 Answer | Asked in Contracts, Business Law, Civil Litigation and White Collar Crime for Colorado on
Q: What can happen to a notary that notarizes completely blank POA's? He tells people to fill them out later.

This guy works for the county jail. He passes them out to inmates. What can happen to him? I know this is wrong. They are complete blank, nothing filled out. He just notarizes them like this.

William Jaksa
William Jaksa answered on Oct 14, 2019

In my jurisdiction he would lose his ability to be a notary; if he's a licenced paralegal or lawyer there would be sanctions from the law society; depending on the context and extent there could be criminal charges for breach of duty or fraud.

1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on
Q: Can I charge an additional monthly fee for double occupancy?

I have a room in my primary residence posted for rent as a single occupancy lease. I am open to double occupancy but would only consider it with an additional fee. Is this legal? What would I need to add in the lease agreement?

Donald C Eby
Donald C Eby answered on Sep 18, 2019

You can charge more if a unit is to be occupied by more than one person or a person and a pet.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on
Q: We live in a house and our lease expired and we’re assuming we were now on a month to month lease. We would like to know

How much time we have to give our landlord before we can move out? Our lease says nothing about what happens at the end of the lease or if it expires. It also says nothing about a set amount of time we need to give her before we move out. It’s very barebones it seems.

James Newell
James Newell answered on Aug 21, 2019

Assuming your rent was due every month (e.g., on the first day of each month) you would have a month-to-month tenancy following the expiration of the agreed upon lease term. Because nothing is mentioned in your lease regarding notice, the default rule is that you may terminate your tenancy by... Read more »

1 Answer | Asked in Contracts for Colorado on
Q: How can I change my power of attorney to another person?

My boyfriend, who is hospitalized currently, signed paperwork giving his daughter power of attorney. She immediately went to his bank and locked him out of his account. He didn't understand this and wants control back. How does he take her off and name someone else?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 16, 2019

He has to notify his daughter in writing that her power of attorney has been revoked. Then he can hire a lawyer to write a new POA naming you.

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 the... 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 Contracts for Colorado on
Q: Does email count as "proper written notice" in Colorado when subletting as a small business?

I own a small business in Colorado and the last couple of years, I've sold my items through a consignment shop. We agreed to a monthly rent payment for space in their store along with 30% of our total sales. There are numerous vendors that they do business with in this way. We initially signed a 6... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 26, 2019

If your 6 month lease expired and you are paying month to month the landlord can raise the rent almost at will. The method chosen by the landlord is irrelevant--so email works. Of more importance is the time you were given; the normal method is notifying the tenant of the rent increase at least 30... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on
Q: If you leave property and landlord rents it out before your lease ended, is new end date when next renter moved in?

One year lease through 30 June 2019. We notified landlord of our intent to vacate the property one month early back in April 2019. Landlord showed property several times prior to our move out and found a new renter to begin leasing on 1 June 2019. We were not charged rent for June because we were... Read more »

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

The Courts will not allow landlord to double dip by charging you June rent while collecting rent from the new tenants.

WRT when does the 60 days start for purposes of the Sec. Dep. Accounting, likely not until the new tenant took possession. This is a common fight. The bottom line is that...
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1 Answer | Asked in Business Law, Contracts and Personal Injury for Colorado on
Q: Can the us legally force a person to contract with the dmv
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 21, 2019

Not nearly enough factual information to answer this question. .

1 Answer | Asked in Contracts and Real Estate Law for Colorado on
Q: is there a law in Colorado allowing someone who has made improvements to a piece of property to own it or take it

abandoned home that my husband and I was told we could stay in. Now the lady wants us to move but we have made some outstanding improvements to the place and she is breaking a verbal contract

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 19, 2019

No. Unless Colorado law is different from Florida law (not very likely), everything legal involving real property (like the house you live in) must be in writing; oral agreements are not enforceable. However, out of an abundance of caution, I advise you to call a Colorado real estate lawyer and ask... Read more »

1 Answer | Asked in Business Law, Contracts and Employment Law for Colorado on
Q: Can a director who is paid a salary also work as independent contractor for the same company and be paid as such

A programs director for an agency that takes care of people with Developmental Disabilities is paid as a programs director but also serves clients from his agency and is paid as independent contractor for serving the clients in his house

D. Mathew Blackburn
D. Mathew Blackburn answered on Jun 17, 2019

Yes, but the differentiation in roles and the basis for contractor treatment should be documented and retained for audit and an independent contractor agreement should be signed.

1 Answer | Asked in Estate Planning, Contracts and Probate for Colorado on
Q: how Much time does an executor have to settle the estate?

My grandparents died 5 years ago and had a house out of state that hasn’t sold. It is listed online as “off market” and we still have not received the inheritance from the executor. Do they have a time limit on when this needs to be paid out? It’s been 5 years and it still is not settled.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 17, 2019

There is no set time for an estate to be wound up and paid out; it depends on the size of the estate and other factors. The executor (or personal representative) of a last will has a fiduciary responsibility to protect the assets entrusted to them and to insure that everything is done legally so as... Read more »

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on
Q: He is named on the lease but I am not. He moved and I continue to pay rent online. What are my legal obligations?

I have been paying the rent in my name for the entire year. They have not said anything about it. His lease ends in 6 weeks and I am moving out at the end of his lease. If he comes back to live here and does not pay money for future rent can I be taken to court for eviction/ or sued for anything in... Read more »

Donald C Eby
Donald C Eby answered on Jun 9, 2019

If you are not on the lease you have no obligations to the Landlord.

Good Luck!

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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Contracts for Colorado on
Q: Looking for a Civil Attorney. Left leg amputated. Not get a fair trial exculpatory evidence held from the jury.
Tim Akpinar
Tim Akpinar answered on Jun 9, 2019

It looks like you are seeking an attorney for what appears to be an appeal matter. Do not wait to be contacted by attorney. That isn't the way this board works. It is for posting legal questions. You can seek out attorneys, but you can't sit and wait to be contacted by one based on a post.... Read more »

1 Answer | Asked in Contracts for Colorado on
Q: What do I owe the plumber if I cancel the excavation contract within the 3-day cancellation period?

Company "A" came out to look at a plugged floor drain. They couldn't snake it so then upped the cost from 99 to about 600 to pull the toilet and snake the main line and send a camera down. They hit a block just outside the foundation. told me I had to excavate at about $6000. I hesitantly... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 6, 2019

I was following your facts and though I had a response, but you threw a curve which interrupted my plans. So let me try to get back on track.

1. You are making the right decision to pay the first plumber $2,000 because they can probably impose a lien for more.

2. Stop obsessing...
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1 Answer | Asked in Contracts for Colorado on
Q: Is it legal for a homeowner to sequester materials/tools left on a jobsite until the dispute w/contractor is resolved?

I am having hardscape (flagstone) work done at my house. The contract calls out certain inclusions (mesh, compaction, fill etc.) that are not being used. I have asked to meet with the company owner several times to no avail. I have informed him that his workers are not allowed onsite until we... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 5, 2019

I am not licensed to practice law in Colorado, but after 41+ years of practicing law in Florida my gut instinct is to answer your question with a definite no. Notwithstanding your unhappiness with the quality of workmanship provided by the contractor, unless you have some legal authority to... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on
Q: My previous landlord charged me a fee for not paying rent on time on my last month before the lease was sch. to end.

The rent WAS paid on time and can be shown in my banking records. I refused to pay this fee, they insisted and eventually got an eviction notice from a judge, which I never recv'd notice until it was too late to go to eviction court. I am going about this by myself with little practical legal... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 27, 2019

Nice set of interesting facts--but what is your question?

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