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Colorado Contracts Questions & Answers
1 Answer | Asked in Banking, Business Law and Contracts for Colorado on
Q: If the borrower writes a loan contract is it in effect for every loan thereafter until a new contract is made

Borrower is a business

D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 7, 2020

That depends on how the agreement was drafted and the understanding of the Parties involved. The agreement could be written as an open line of credit or a one time loan. Without specific language it will not be clear whether the Parties intended for the future loans to be subject to the current... Read more »

1 Answer | Asked in Contracts and Construction Law for Colorado on
Q: What are my options for resolving construction defect dispute with contractor? How can I find legal guidance?

I contracted with a concrete contractor to pour 290 sq. ft. for a concrete patio for $2750. The contract stated the concrete was to be "an average of 4 inches in depth." I pulled 40 measurements (one per lineal ft) from the concrete patio they poured and the depth ranges from 1.67 to 3.75... Read more »

Donald C Eby
Donald C Eby answered on Jul 6, 2020

If the contract has an arbitration clause initiation arbitration is you next step.

1 Answer | Asked in Contracts and Family Law for Colorado on
Q: How can I have myself removed as a co-signer on my son's car loan when the loan has become deliquent?

He's fallen behind over the past 8 months. He's unemployed and that situation is likely to continue for the next several months. He may have to file for bankruptcy, but,if he files for bankruptcy, will that go on my credit record?

John Hyland Barrett III
John Hyland Barrett III answered on Jun 23, 2020

There is not a way to have yourself removed as co-signer. His BK may not go on your credit report, but the non-payment of the loan will. It probably already has.

1 Answer | Asked in Business Law and Contracts for Colorado on
Q: How do I file a claim against a recently dissolved company for commission owed to me?
D. Mathew Blackburn
D. Mathew Blackburn answered on Jun 16, 2020

You would file against the entity and the owners together. It'll be more complicated because you have to argue the owner's were responsible, or that the liability protection of the corporate entity should be ignored, or one of the other reasons why you would be able to collect from the... Read more »

1 Answer | Asked in Contracts, Animal / Dog Law and Small Claims for Colorado on
Q: Can a dog rescue take their non-aggressive, healthy dog away from a foster family to euthanize him?

Colorado: We have been fostering a dog for eight weeks. He's never been aggressive in any way, but he does have separation anxiety and he fears loud noises and strangers. He has caused quite a lot of damage to our home, but he is getting a little bit better and more confident every day.... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jun 13, 2020

The rescue legally owns the dog and they can demand him back from you. However, this is probably a liability concern for the rescue to adopt him out to others, although I am a little surprised they want to euthanize him. You could try to negotiate adopting him. It might be helpful to get a lawyer... Read more »

1 Answer | Asked in Contracts and Construction Law for Colorado on
Q: Can I be sued By a contractor, as a old manager of a company that is now dissolved, and a job done 2 years ago?

I used to be a manager for a Construction company, and they’re trying to sue me cause I was their point of contact, for damages that happened, the job was done 2 years ago. And they contacted me 2 months ago, and didn’t ask if we could fix it or anything just plain out wants to charge me. Also... Read more »

Donald C Eby
Donald C Eby answered on Jun 6, 2020

You can be sued, although it seems that you have a strong defense so the suit is unlikely to be successful. Nevertheless, if you are served a Complaint you must answer to avoid a default judgement being entered against you.

If you get served you should contact an attorney to respond on...
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1 Answer | Asked in Contracts, Products Liability and Gaming for Colorado on
Q: I pre-ordered something and was only told by the end of the month that the order was pushed back

nvm disregard

Nelson Patrick Boyle
Nelson Patrick Boyle answered on May 12, 2020

First, I practice in Colorado and not in Texas and I'm not your attorney, so this is intended as general advice and I would suggest you contact a Texas attorney if you determine you need one. However, you posted this in a Colorado forum. So I'm assuming you're in Colorado.... Read more »

1 Answer | Asked in Contracts and Domestic Violence for Colorado on
Q: Would this law apply also to a land deal we jointly entered a 4 wks ago put $1,000 deposit, can I get that deposit back?

He's held me at gunpoint several times & got arrested for it. I may go into hiding since he's just been released on bond. I want out of the land deal, but the sellers want to keep my $1,000 deposit. They have other buyers waiting to purchase. Sad they want to keep my deposit. Can I... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 5, 2020

I am sorry to hear about your situation. There are laws that allow a person to cancel a lease if there is evidence of domestic violence, so that the victim does not have to live with the abuser. However a land deal would not require the victim to live with the abuser so may well not fall under the... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Colorado on
Q: Buyer can't see land because of COVID-19? A Right of First Refusal or Option to purchase best for seller?

I have land for sale in Colorado and a very interested buyer from Oklahoma. They have seen a video of the property but they can't travel to see it themselves until May or June because of COVID-19. What is the best agreement to make to sell the property and accommodate them? A Right of First... Read more »

Donald C Eby
Donald C Eby answered on Apr 4, 2020

Why don't you just put the property under contract with a closing date in June and an option to terminate after inspection?

An option does not obligate them to buy, but it does obligate you to sell to them, i.e. you can't sell to anyone else in the mean time. I don't see...
Read more »

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on
Q: can i put a non-refundable pet fee in my lease in colorado?

i know in Colorado security deposits have to be refundable, and so does pet deposits, but can i put a pet fee on my lease that can be non-refundable? just wondering if that's legal in Colorado

Donald C Eby
Donald C Eby answered on Mar 31, 2020

Yes - You can use a Non-Refundable Pet Fee in Colo.

1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Tax Law for Colorado on
Q: How much in average does it cost to draft up a two part buyer and assignment contract
James Alan Greer
James Alan Greer answered on Mar 25, 2020

Contract Request: if I understand your question, you need a Purchase Contract (?) for real estate (?) with two buyers, and then a subsequent assignment of that contract (?). We offer Fixed Fee for transactional work of this nature. It would be less than $1000.00. But I'd really need to get a... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Colorado on
Q: can a person reduce or rescind a monetary offer made via a letter written by their lawyer?

a letter was drawn up but not given to me for a monetary offer. The person has decided to lower their offer. I have seen said letter

Donald C Eby
Donald C Eby answered on Mar 17, 2020

The offeror can change or rescind his offer until that offer is accepted and becomes an agreement.

1 Answer | Asked in Contracts and Real Estate Law for Colorado on
Q: Will memo line on a check serve binding on a real estate sale with no official sales contract?

I purchased land on October 29th, 2018 and on the memo line I wrote "purchase of 40 acres balance approximately 41,000". The total price was 121,000.00 and I put 80,000.00 down and rest to be paid at closing. Seller hears that I have an enormous offer and begins figuring a way to... Read more »

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

Is it good enough? It is certainly better than nothing. It is likely that the check along with testimony will be sufficient to prevail. You have an an issue that all contracts for the purchase and sell of real estate in CO must be in writing, as such if the opposing smells a big profit you need... Read more »

1 Answer | Asked in Contracts and Products Liability for Colorado on
Q: Zales lost an heirloom ring I took in to get repaired .. what are my options what can I expect
Tim Akpinar
Tim Akpinar answered on Feb 29, 2020

As a first step, you could check whether they have any agreements or contracts that address property left for their safekeeping. You could also consult with Colorado attorneys familiar with bailments. Entities sometimes carry insurance for such losses - that's an individual decision on their... Read more »

2 Answers | Asked in Bankruptcy, Contracts, Real Estate Law and Construction Law for Colorado on
Q: When a builder is building a new subdivision - who is responsible for building retaining walls -the developer or the HO

There is an area behind four homes in our area that is a very steep, collapsing hill. The home buyers understood from a design plan that the developer would build retaining walls to prevent the hills collapse. Our builder is now saying it is the responsibility of the HOA - not him

Donald C Eby
Donald C Eby answered on Feb 10, 2020

Who owns and is thus responsible for the retaining wall? Generally, a builder initially owns all common areas, but at some point in the development process the developer assigns ownership of the common areas to the HOA. After this assignment the HOA owns the common areas/walls and is responsible... Read more »

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1 Answer | Asked in Business Formation, Business Law and Contracts for Colorado on
Q: How best can 3 individuals located in 2 different U.S. states and the UK form a viable business?

The three of us are all small business marketing coaches, working under individual DBA's and or LLC's. We want to know how best we can merge our resources together into some kind of partnership, business or entity. We're unsure what the best approach is considering the various... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 3, 2020

Justia is a wonderful free online legal forum established to allow members of the general public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question is much to important--and too complicated--to be solved online.... Read more »

1 Answer | Asked in Contracts for Colorado on
Q: I am having trouble with a Timeshare company adjusting my interest rate after I deployed in 2016? It is in the SCRA?

I am trying to get the SilverLeaf Company to adjust my interest rate when I deployed and they are refusing.

Michael Hales
Michael Hales answered on Jan 28, 2020

This probably requires some negotiation, either by your or your attorney. I don't know that they're contractually or legally obligated to do so, but it might be worth having an attorney review the documents you have.

1 Answer | Asked in Banking and Contracts for Colorado on
Q: Does underwriting really need transaction history from who is giving a "gift" for FHA

Buying a house and my husband and I don't qualify for conventional - however my father is gifting me money as a graduation gift for down-payment and we have FHA. Underwriting is demanding my father's bank statement with ALL transactions and he will not give up that information... Read more »

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

The mortgage loan underwriting process--especially when it is an FHA government guaranteed loan--will require proof of income from all sources because FHA will not allow borrowers to borrow any of the down payment from any source.

In this case--since you have told the FHA that your father...
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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.

2 Answers | Asked in Contracts and Real Estate Law for Colorado on
Q: If I bought my home on a contract between the owner and I and have made all payments can I sell the property?

My buyer has cash but wants to use a land trust company to purchase. Can this work?

Donald C Eby
Donald C Eby answered on Nov 19, 2019

If you have purchased the home, then yes, you can sell it. But, your question seems to indicate that your seller has never delivered title to you. In order to sell you'll need to deliver title to the buyer. Hopefully, your seller will cooperate.

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