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Colorado Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: our basement flooded on August 1st due to a bad sump pump-ruining the carpet, can i short pay rent until it is fixed
Donald C Eby
Donald C Eby answered on Oct 1, 2019

Withholding rent is always a risky maneuver. May you have a right to claim a Warranty of Habitability issue or a constructive eviction as a result of the flooding? Yes - you may but I recommend that you consult with an attorney about the facts and your possible courses of action before you... 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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2 Answers | Asked in Real Estate Law and Construction Law for Colorado on
Q: We are building a home in Colorado and our builder has had endless delays and constant excuses as to why it’s not done.

Our original move in date was July 15, then August 15, August 25, now October 1st. He didn’t even start the foundation clearing until August 25th, it’s not been touched since then. The house is complete (modular) and off site, waiting on the site to be complete.

He is paying for a... Read more »

James Alan Greer
James Alan Greer answered on Sep 6, 2019

Dear Delayed Home Builder: Your question speaks of the phenomenon happening in CO (and other states) whereby the construction industry is "spread thin". I don't mention this to rebuke or to offer excuses for the Contractor, but delayed projects are a sig of the times. You have a contract with a... Read more »

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2 Answers | Asked in Real Estate Law for Colorado on
Q: in colorado if i offered full listing price no contignent cash offer do they have to accept or at least respond
Donald C Eby
Donald C Eby answered on Sep 4, 2019

No the Seller is not obligated to accept or respond.

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2 Answers | Asked in Real Estate Law for Colorado on
Q: The loan termination deadline was today. I've been asked by buyer to sign an addendum changing it to 9/5.

As a seller with cold feet can I use this to somehow to get out of the home purchase contract unscathed? Here is the relevant text:"New Loan Review. If Buyer is to pay all or part of the Purchase Price with a New Loan, this Contract is conditional upon Buyer determining, in Buyer’s sole... Read more »

Vincent Gallo
Vincent Gallo answered on Sep 3, 2019

From the language it doesn’t appear that you have a right to terminate the contract.

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1 Answer | Asked in Real Estate Law for Colorado on
Q: As a joint tenant on a deed for a home, am I obligated to provide an account of the proceeds from the sale of that home?

My brother and I have been joint tenants on the title to my mom's home for years. She died and we sold the house. Are we obligated to provide the requested accounting to the rest of our siblings who are wanting more money. My mom's will asked that the home be sold and the money split between us... Read more »

Donald C Eby
Donald C Eby answered on Sep 3, 2019

Are you the Personal Representative for Mom's Estate? Is the home that was sold an asset of the estate? If the answer to those questions is Yes and Yes, then you have an obligation to provide an accounting.

It sounds like this could be messy and I recommend that you contact an attorney to...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: In Colorado how many days are allowed for a prospective buyer to back out of a RE contract and change their mind.

In Wisconsin it used to be 3. We heard 10 in Colorado. Now someone said 25 days???

Who gets the earnest money? Is it legal for the Broker to take half?

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

Once the contract is signed the contract is binding, i.e. there is no 3 day right of rescission.

However, the Colo Real Estate Commission's form contract is very buyer friendly and provides several opportunities for the Buyer to terminate the contact, at Buyer's sole subjective discretion,...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: Can a voluntary lien signed by property owner serve me as a gurantee because owner of property owes me money .

The owner of the land owes me large sum of money and he is willing to sign voluntary lien to satisfy his debt to me. Can an attorney be retained to help me with this situation? The land is paid in full has no mortgage.

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

Yes, an attorney can help you to draft and record this lien.

I recommend that you get an attorney to help you if this is how you wish to secure your loan.

1 Answer | Asked in Real Estate Law for Colorado on
Q: As the seller can i back out of the contract ten days before closing if I pay the agent and buyer for their expenses?

Buyer is FHA. The contract does not allow me to back out this late - I guess I need to know the odds that they'd really sue me for specific performance.

Donald C Eby
Donald C Eby answered on Sep 1, 2019

Do you have a legal right to terminate the contract? Not likely.

But, if you pay the Buyer's expenses you may reduce the likelihood that he will sue you for his damages.

Unless you have a contractual right to terminate, you should attempt to negotiate a mutual termination.

1 Answer | Asked in Real Estate Law for Colorado on
Q: What are the risks of doing a "subject to" sale of my house to a real estate investor group?

I own a home and am currently making all my payments on time. My goal has been to remodel it and sell it. I have since found I do not have the time to do so. I found a real estate investment group whom are interested in doing a "subject to" agreement to take over payments, fix it up, and then... Read more »

Donald C Eby
Donald C Eby answered on Aug 31, 2019

You should contact and attorney to review the proposed contract with you before you sign it.

Generally, a Subject Too deal means that you sell the property (they own it) but they don't replace your mortgage so the mortgage stays in your name. The Seller essentially carries all of the risk...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: A realtor is refusing to sign the release of money in earnest a title company is holding after we decided not to buy.

The total dollar amount is $8,000.00.

My home inspector came back with a list of problems. I asked the buyer to remedy the problems or reduce the price, so I could take care of them. The owner claimed the home inspector was wrong and refused to correct the problems. I told him that I... Read more »

Donald C Eby
Donald C Eby answered on Aug 26, 2019

The Colo Real Estate Commission Form Contract requires the parties to initiate mediation to resolve disputes such as this.

You can call the Colorado Assoc of REALTORS and ask for a list of mediators from which you and the seller can select a mediator which is agreeable to both of you....
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1 Answer | Asked in Real Estate Law for Colorado on
Q: land in colorado and the original land owner will not grant them easement therefore it is usele
Donald C Eby
Donald C Eby answered on Aug 24, 2019

If your property is landlocked you should contact an attorney to help you force the granting of an access easement.

1 Answer | Asked in Real Estate Law and Elder Law for Colorado on
Q: Mother died. House is in name of trust. Do I need to tell county assessor or treasurer I'm the successor trustee?

Are there other house-related forms or reporting duties I may not be aware of for Colorado? I already filed a trust registration statement with the district court.

James Newell
James Newell answered on Aug 21, 2019

At a minimum, you should update the mailing address on file with the county assessor's office, assuming address to which you would like tax statements mailed has changed since your mother died. If the trust document states that title to the house must be transferred out of the trust you will want... Read more »

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 Real Estate Law for Colorado on
Q: former PM let tenant do much damage. Can my new PM sue the former tenant?t
Donald C Eby
Donald C Eby answered on Aug 20, 2019

Your Property Manager cannot represent you in Court. But, you could bring the case against your former tenant. Or you can hire an attorney to bring that case.

1 Answer | Asked in Real Estate Law and Civil Rights for Colorado on
Q: My homeowner's association has posted signage prohibiting open carry in the building I live at.

They have cited CO Rev Stat § 29-11.7-104 (2016) at bottom of signage as their authority to so prohibit said activity. Can they legally do this? As I read the statute it says a local government can enact ordinance, the homeowners association however is not "local government". Can I sue them for... Read more »

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

A lawsuit it one option. Another is to have an attorney draft a letter on your behalf outlining the issue and why the HOA will ultimately lose the lawsuit if your are forced to file it. This letter would likely be a faster and less costly method to achieve the desired result.

1 Answer | Asked in Real Estate Law for Colorado on
Q: do I have case if I bought house didn't get to do a inspection walk . due to limit time on the loan. problems now

problems with gutters water leaking to the basement

Donald C Eby
Donald C Eby answered on Jul 28, 2019

If the seller did not disclose a known latent material defect, and you can prove he knew and thus defrauded you then yes you have a case.

You can see that this is a somewhat technical analysis. I recommend that you contact an attorney to discuss the facts and your proof so that you can...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: My parents are both deceased. They have property in Colorado deeded in 1981 where they are co-oweners.

I need to have the property put in my name since I am the heir. The title company said it needs to be probated in order to get the title transferred. My father died in 1991. A few years later my mom included the property in a trust in the state of Missouri where they have always lived. My mom... Read more »

Donald C Eby
Donald C Eby answered on Jul 26, 2019

The probate will help you clean up the title issues in CO. If no one opposing your appointment as Personal Representative or your handling of the CO assets the probate will be relatively quick and inexpensive. You should contact a CO attorney to discuss the process and costs.

1 Answer | Asked in Real Estate Law for Colorado on
Q: Renting from Property Management major repair needed presenting safety issue they refuse to fix what can I do

I do have renters insurance

Donald C Eby
Donald C Eby answered on Jul 24, 2019

Research Colo Warranty of Habitability.

This is a complicated process, I recommend contacting an attorney to ensure that your Warranty of Habitability defense is perfected.

1 Answer | Asked in Real Estate Law for Colorado on
Q: If two properties are divided by a chain link fence, can one neighbor remove that fence? Because they want to?
Donald C Eby
Donald C Eby answered on Jul 12, 2019

This is a more complicated question than you may think. The answer depend on who owns the fence and whether or not the fence is actually on the property line.

Getting the answer to this may take some research.

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