Lawyers, Answer Questions  & Get Points Log In
Colorado Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Colorado on
Q: Are there any options to back out of selling our home in CO? Husband just lost his job due to COVID19. We close on 4/20.

We have signed the contract agreement and have already requested that the buyers push back our closing date. They did not agree to that so we are exploring every option possible.

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

A contract is a contract...Nevertheless, if you wish to terminate the contract or anticipate that you will likely not be willing to perform, you should contact an attorney to fully explore your rights, remedies, and risks. That needs to be a conversation which will explore various facts so it is... 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 Refusal... Read more »

James Alan Greer
James Alan Greer answered on Apr 4, 2020

Dear Colorado Land Sale Client: I would recommend the following for this transaction: (1) an Option To Purchase for (2) duration of X months (3 months, perhaps ?), with (3) nominal consideration (1% of the sales price, perhaps ?) which will be credited back to the Buyer upon closing. If the... Read more »

View More Answers

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 full... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: Does an HOA have the right to require lot owners to have their property sprayed for noxious weeds? What if they refuse?

HOA wants to know if CC&R can state that HOA has the right to spray individual owner's property for noxious weeds, or does HOA needs approval from each individual owner to do so?

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

This is dependent upon the specific language in the Covenants. Generally, an HOA would have the right to demand the owner spray and to enter and spray if the owner fails or refuses and to fine owner and assess costs to owner. But, you should get a specific reading of your documents before you... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: We are 2 days from closing on a house in CO. With COVID 19 pandemics affect on the country can we postpone the buy?

We are still interested in the house but are willing to cancel with a loss if need be.

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

Can you postpone the closing without penalty? If you can get the Seller to agree to an extension, yes. However, if Seller will not agree then you can refuse to close and will likely suffer the loss of your earnest money and any other penalties which the contract contemplated.

You may want...
Read more »

2 Answers | Asked in Real Estate Law for Colorado on
Q: Can a buyer terminate real estate contract because they don't like the HOA interaction they are having?

I am under contract to sell my condo, and the Buyer is sending a notice to terminate the contract because they don't like the HOA interaction they have had with some questions. Is that grounds for them to terminate in Colorado? Seems like a weak argument.

Donald C Eby
Donald C Eby answered on Mar 15, 2020

A buyer can terminate....but that does not mean that you have to agree to release the earnest money back to them.

View More Answers

1 Answer | Asked in Civil Litigation and Real Estate Law for Colorado on
Q: I need to know what to do about being scammed by a business online? The company has stolen over $22,600 from me

They talked me into selling my timeshare as they had a buyer already for it. I had to send a fee (I never should have done this I know!) of $6,000, then I sent money 2 more times for a total of $22,628 to a title closer at Colorado Title. This is a legitimate business and they stole all of my money... Read more »

Michael Hales
Michael Hales answered on Mar 2, 2020

I've had run-ins with this same company. I found that it is not a legitimate company and doesn't even exist other than virtually. Please shoot me an email or give me a call if you'd like more information. I'm teaching much of the day today, but will get back to you as soon as possible.

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 maintain... 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 »

2 Answers | Asked in Divorce, Family Law and Real Estate Law for Colorado on
Q: If I have sole ownership after divorce, in agreement to splitting proceeds from sale, does my ex have say in the selling

I am getting ready to sell, as we BOTH agreed on, and now she's trying to interfere saying that she gets a say in every offer, etc I have.

Sabra M. Janko
Sabra M. Janko answered on Mar 1, 2020

It depends on what the decree says. Many decrees address who will be involved in selection of realtor and sales price as well as a contingency if the home does not sell within a specified period of time.

View More Answers

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 »

View More Answers

1 Answer | Asked in Real Estate Law and Estate Planning for Colorado on
Q: house left in a will to 3 people how does the buy out work

Does the person wanting to keep the house buy out the others with property value or equity in it

Donald C Eby
Donald C Eby answered on Feb 7, 2020

Certainly one co-owner can buyout the other owners, assuming that you can negotiate a purchase price that is acceptable to all.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: Am i able to sue for rent paid since first request of repairs that have never been made?

Lived here almost 7 yrs,have made *several requests for repairs via email,maintenance portal,txt mssgs.the roof leaks,is deteriorating,&has black mold.paying for 5bdrm but cant utilize upstairs rooms.Also,has no heating upstairs.Heating vents blow inbetween walls&floors cause there's not any... Read more »

Donald C Eby
Donald C Eby answered on Jan 20, 2020

You should review the Colorado Warranty of Habitability. The legislature significantly strengthened this last year to provide assistance to tenants.

This is a fairly technical issue so I recommend contacting an attorney to discuss your rights, remedies, and risks before withholding rent.

2 Answers | Asked in Real Estate Law for Colorado on
Q: I co-invested in a property with my sis. She died and the place was never in my name. Her husb. won’t respond.

I co-purchased a rental apt with my sister to use as a home base for our business in Denver, CO. I live in Tennessee. The apartment was part of a larger investment I/we made toward a shared business that has since gone bankrupt and failed. It was verbally agreed that we would keep (and perhaps... Read more »

Donald C Eby
Donald C Eby answered on Jan 19, 2020

Hopefully, you have some of these communication and agreements documented. You'll need to protest the probate of sister's estate RE the ownership of the Condo.

This could get complicated and require multiple appearances in CO, as such it is advisable that you obtain CO legal counsel to...
Read more »

View More Answers

2 Answers | Asked in Real Estate Law for Colorado on
Q: I was supposed to close on my house on 12/20/2019. The sellers are claiming to have medical issues.

I have not been told a new closing date as of today. We all signed a contract, them to sell, me to buy on the above mentioned date. Do i have legal recourse?

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

Yes, you can bring a suit against seller to enforce your contract, it is called specific performance. If you are unfamiliar you may want to contact an attorney to assist you.

View More Answers

1 Answer | Asked in Real Estate Law, Business Formation and Business Law for Colorado on
Q: Where is the Statement of Authority filed? county where the entity is formed or county where the property is located?

My lender is requiring a statement of authorization as my property is owned by my holding company which is a LLC which is wholly owned by myself. They want me to have a certificate of authorization recorded by the county. I don't know which county to file it with and also what this accomplishes as... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 29, 2019

It's filed in the county where the property is located. It's the document that verifies that you have the authority to act on behalf of the LLC. Just because you own it does not automatically mean you have the authority to make decisions on behalf of the LLC. Notary's county does not matter.

1 Answer | Asked in Real Estate Law, Tax Law and Foreclosure for Colorado on
Q: I bought some land through a county tax sale and I thought I got it free and clear from the county.

The county issued a new deed of trust to me. After 4 months I started getting a bill showing that I also owed over $4,000 of the past persons bill as well, before I even requested billing from the water company. The water company is saying that they have a perpetual lien against my property. How is... Read more »

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

Your unfortunate situation is a textbook example why non-lawyers should always ask an experienced lawyer before they do something they have never done before. Unless you can somehow convince the water company to let you off their very sharp-barbed hook you are stuck. And no one else (who has a... Read more »

2 Answers | Asked in Real Estate Law for Colorado on
Q: Our builder is defaulting on 20k of bills owed on our build project we paid him in full for. How do we protect ourselve

Most of the money is owed to a lumber store.

Can creditors still pursue us after the lien period is done or would they then be required to pursue the builder who actually owes the funds and used out money to pay other debts?

James Alan Greer
James Alan Greer answered on Dec 13, 2019

Dear California Homeowner: If your contractor is licensed in the state of California, then you have three steps to take, in my opinion: (1) send a "legal demand letter" to the Contractor demanding they pay the supplier and any other suppliers/subs owed money within the next 72 hours (copy the... Read more »

View More Answers

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.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.