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Colorado Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Colorado on
Q: If person (a) owns a home by title and deed but has a mortgage tied to previous owner (b) can (a) sell the house?
Anthony M. Avery
Anthony M. Avery answered on Oct 7, 2021

It would be a sale subject to the existing mortgage lien. And there may be buyers willing to take it subject to the mortage, or even assume personal liability on the mortgage note. However the lender with the secured mortage might not approve of the new owner, and foreclose on the mortgage... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: Is unpermitted work during a house flip required material fact for disclosure in the sale/purchase process in Denver, CO

I recently bought a house that I have found out does not have permits pulled for any of the flip work that was done and this was not disclosed during the sale process. I am now having multiple problems only a few months later and need to know if unpermitted work is a required material fact needing... Read more »

James A. Greer
James A. Greer answered on Sep 26, 2021

Dear Home Purchaser: Material facts need to be disclosed. And, unpermitted work MAY rise to the level of materiality. However, it depends on the nature, scope and type of unpermitted work. If the problems you are experiencing are directly related to the unpermitted work, and if knowledge that this... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Colorado on
Q: My ex-wife and I still have a home together. Divorced three years, she is still there. I would like to get out now.

I left three years ago and she said she needed to stay until she could qualify for a loan. I have allowed it for three years and never said a word. Now she is dragging her feet and doe snot want to do it. Even though I have offered to help and do all the paperwork, calls and leg work for her.... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Sep 23, 2021

this depends on what you divorce decree says about the house. The court will enforce the terms of the decree. You should get a lawyer to help you with this.

1 Answer | Asked in Real Estate Law for Colorado on
Q: Can the HOA hold us responsible for the incorrect roof color installed by the previous owner?

6 months after taking possession of our new home, the HOA notified us that the color of our roof is in violation of the covenants. The new roof was installed and paid for by the previous owner during the inspection objection / resolution phase of our closing.

Here's the sticky part,... Read more »

Donald C Eby
Donald C Eby answered on Sep 9, 2021

If the variance hearing does not go well you may need to contact an attorney to discuss your options against the seller who installed a roof without HOA approval of the color.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: I have entered in a lease to buy option with my landlord and now he does not want to sell after signing contract.

I have been running my business for 2.5yrs now… I called my landlord to notify him that I would like to purchase the building as stated in our lease contract… but he said he does not want to sell… what will I do if he don’t sell it to me? I have paid Rent, property tax and insurance every... Read more »

James A. Greer
James A. Greer answered on Sep 7, 2021

Dear Lessee With Option To Purchase: The best and most urgent advice I can give you is (1) read the lease and understand the manner in which you must "exercise" the Option, then (2) exercise the Option in that manner (normally, with a written notification, sometimes via certified mail).... Read more »

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1 Answer | Asked in Real Estate Law for Colorado on
Q: Can you legally pass over a privately owned driveway owned by 3 different people if 2 of them give you permission?

There is an irrigation canal behind our subdivision with a road alongside it that we often use to walk our dog. Sometimes we need to get home faster from the walk, so we asked a homeowner whose driveway connects up with the canal road if we can use his driveway to cut through occasionally and get... Read more »

Timothy Canty
Timothy Canty answered on Jul 22, 2021

The question comes down to who owns the property and who merely has certain rights to use it. Most of the time, though not always, one party is the owner and the other two have easements allowing them to use the owner's road or driveway. I suggest you find out from a title company or a trip to... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Colorado on
Q: People staying on property no leases.

Husband and I were separated I left the house, husband has since past away, I take over the property. There's 2 people I've never met staying there, no leases. We found meth and other drug paraphernalia. Can I kick them out immediately

Sabra M. Janko
Sabra M. Janko answered on Jun 18, 2021

You can evict them through the formal eviction process if they will not leave upon your request.

1 Answer | Asked in Real Estate Law for Colorado on
Q: If the fence has been in the wrong spot for more than 20years . Can I claim it as the property line??
Anthony M. Avery
Anthony M. Avery answered on Jun 8, 2021

That fence line has probably been acquiesced as the boundary regardless of what the adjoining properties' deed legal descriptions say. In any event, you can certainly claim it is the boundary, and it is up to the other owners to sue for a boundary dispute, declaratory judgment, etc.... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: Colorado real estate contract. Timely terminated after inspection. Can attorney demand forfeit of earnest money?

We went under contract to buy a colorado house and paid $65,000 earnest money. Contract gave date of may 24th for inspection termination. We viewed the property on the 14th may, it was in terrible condition, much worse than we were led to believe. We immediately terminated the contract and... Read more »

Donald C Eby
Donald C Eby answered on May 26, 2021

You have a lot of money at risk here. Unfortunately, the answers to your question and your legal rights WRT demanding the return of your earnest money is dependant upon the specific language in the Buy/Sell Agreement the language you used in your termination. If you used the Colo Real Estate Div... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: Is a promissory note also required to file a Trustee's Deed?

I need to make sure I understand the difference between a Trustee's Deed and a Deed of Trust. I also need to know if a Trustee's Deed can make the Grantee the owner of the trust and its debts without the knowledge of the Grantee.

Anthony M. Avery
Anthony M. Avery answered on May 12, 2021

Trustee's Deed is a conveyance from a Trustee, which usually is generated by a foreclosure. Deed of Trust is a security instrument, making property collateral for the payment of a Note. If a Deed is not delivered to the grantee, it is not a conveyance.

1 Answer | Asked in Real Estate Law, Cannabis & Marijuana Law and Landlord - Tenant for Colorado on
Q: How do I protect my house from a squatter?

I have a squatter in my house invited by my daughter-in-law who is growing marijuana in their bedroom. They have changed the locks and installed a deadbolt without consulting me, the owner. It is in a tent with lights and a fan hooked to a extension cord and I'm worried about a fire while... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 29, 2021

Outside of cutting off utilities, you will need a competent attorney to file an Eviction Suit to remove the unwanted occupant. It will not be fun and your house will be damaged. You might open the door with a crowbar and remove contraband. But again hire an attorney. It may be necessary to evict... Read more »

1 Answer | Asked in Real Estate Law and Elder Law for Colorado on
Q: can the courts force the sale of a multigenerational home held in joint tenancy upon demand by one of the four owners?

Mother in law has retained an attorney who is threatening court ordered forced sale under CRS 38-28-101. @ closing, she signed an affidavit stating she would not require repayment in part or in whole for the assistance with the down payment on 12-07-2016. Since the closing, she has moved in 2X and... Read more »

Donald C Eby
Donald C Eby answered on Apr 25, 2021

Is it possible for a 1/4th owner to force the sale of the property. In general, yes. But, you and the other partners may have defenses. You should contact an attorney to discuss the facts in detail and to potentially have an attorney respond to the attorney demand letter showing that you do not... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: Accord and satisfaction of an easement agreement.

We have an easement agreement for $10.00, which included crop damages and repurposing of soil. This was signed in 2018.

The check has no specific language on it. However, a letter sent with the check was subsequently sent for $30000 and language in the letter states, " this is for... Read more »

Donald C Eby
Donald C Eby answered on Mar 15, 2021

Sue you have a lot of good questions and a lot at risk. The short answer is yes cashing the check could put you at risk. But, I certainly do not know all of the facts as related to you issue. So, I recommend that you contact an attorney to have a discuss so that you can fully understand your... Read more »

1 Answer | Asked in Contracts, Family Law, Real Estate Law and Civil Rights for Colorado on
Q: What can I do to be able to install a more suitable fence for my special needs child? When HOA has fence regulations.

I am purchasing my first home, after signing the purchase agreement we were told that HOA only allows a 4 ft fence. The fence is pretty climb-able and open so I was told we could add chicken wire. This still would not work for us because my 5 yr old special needs child is autistic/wanderer and can... Read more »

Donald C Eby
Donald C Eby answered on Mar 6, 2021

You may want to make a "reasonable accommodation" request to your HOA, if this is denied you'll need to get an attorney involved.

1 Answer | Asked in Real Estate Law for Colorado on
Q: How to remove a lis pendens for my property in Colorado?

My x sued me for a dissolution of marriage claiming common law marriage. I filed a motion to dismiss and I won the ruling was that there was no marriage. Now there is a Lis Pendens against my property that my x's lawyer had put there while the case was going on. I am trying to re-finance and... Read more »

Donald C Eby
Donald C Eby answered on Feb 26, 2021

No a Lis Pendens does not automatically fall off. You may have to sue in Quiet Title to get this resolved.

2 Answers | Asked in Real Estate Law for Colorado on
Q: How do I find out if my brother's estate went through probate in Alabama and if property we owned jointly was included?

My siblings and I own property in Colorado together with our now deceased brother. However, we don't know if our brother's wife and/or children still have rights to the property. We'd like to get our brother off of the deed. How can we tell if it went through probate already as... Read more »

Timothy Canty
Timothy Canty answered on Feb 24, 2021

Check ownership of the Colorado property with the county assessor. If it was held as tenants in common, his share passes to your brother's estate and whatever arrangements he made. If it is held as joint tenants with right of survivorship, his interest expired upon his death and the... Read more »

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1 Answer | Asked in Real Estate Law for Colorado on
Q: What remedies are available for an owner of a land locked parcel who would like to gain vehicle access to the property?

I am interested in purchasing a patented mining claim. The seller has obtained a right-of-way easement from the NFS but it adjoins another private parcel. The seller has been unable to obtain a right-of-way easement from the adjoining private property owner due to lack of response. Can the... Read more »

Donald C Eby
Donald C Eby answered on Jan 30, 2021

Can the existing easement be modified? Maybe.

Can adjoining property owners be forced to allow and ingress/egress easement? Maybe.

Certainly a landowner has the right to have access to his property. However, gaining that access can be a complicated legal process if the adjoining...
Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: If my ex and I are found not to be common law. What happens to the property? I want to keep my house. I pay for it.

I live at the residence with my two children and pay everything. He surrendered property

Sabra M. Janko
Sabra M. Janko answered on Jan 26, 2021

If you are not married, then the house will belong to whomever it is titled.

1 Answer | Asked in Real Estate Law for Colorado on
Q: I have rented my house for 33 years. My Father left it to me in a revocable trust .

Can I or my Husband buy the house out of the trust? And how can we find out the mortgage balance? The attorney handling the trust is not very responsive to my questions.

Anthony M. Avery
Anthony M. Avery answered on Jan 25, 2021

Hire a competent attorney to search the title, then make an estimate of the mortgage balance, if any. Once you know the title and probable encumbrances, make a written offer to the Trustee.

1 Answer | Asked in DUI / DWI, Real Estate Law, Car Accidents and Wrongful Death for Colorado on
Q: My wages are being garnished due to a criminal/civil lawsuit. If I buy a house, could it be taken from me?

I was convicted of vehicle homicide/DUI in 2008. My friend died and his family sued me for $20 million. My wages are garnished at 25% after taxes.

Anthony M. Avery
Anthony M. Avery answered on Jan 19, 2021

You need to talk to a competent attorney about asset protection and exemption rights in whatever State you are going to live in. The exact Deed Grantee will be critical, and you need that lawyer to tell you what to do. Sometimes trusts are useful, but probably not here. The lawyer's... Read more »

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