Colorado Contracts Legal Questions

If you don't believe the attorneys earned the fees they are charging you, don't pay and defend the suit when they sue you.  If they truly did nothing to earn the money they are charging, the court will not award them any fees.  As for the seller financing the litigation I'm not sure what you're talking about, unless you are referring to an attorneys' fee provision in the contract which provides, for example, that in any litigation relating to the contract, the losing party will reimburse the prevailing party for their legal expenses.  Even if there is such a clause in your contract (which wouldn't be unusual), it doesn't mena that you have no obligaiton to your attorneys, it means that IF you win, the other side will have to reimburse you.  Also, you can only be reimbursed for "reasonable" attorneys' fees, and courts rarely require 100% reimbursement.... Read More

This is rather interesting.  First, an alias summons means that your former landlord tried to serve but was unsuccessful.  A new summons had to be issued since the first summons was not successfully served. What makes this interesting, is that you said you went to court and they entered jugdement against you.  It appears you may not have been properly served with the first summons and the judgement could have been vacated.  You need to pull up your court docket, on-line, to see if the judgement was vacated.  If so, they are starting from scratch.   The next question, if your case has been vacated, are you past the statute of limitations?  You will need to do a little research in order to make a sound decision as how to proceed.      ... Read More

The answer depends on the contract that you entered into when you purchased the ticket. That contract will govern the terms of a refund or chage of date request. A careful review of the relevant contract is required to answer your question. You may want a lawyer to review the contract because sometimes the contract seems logical but there can be many overlapping issues to consider depending on how the contract is worded. You can look for the contract on the company's website if you did not sign anything when purchasing the ticket. Many times the contract will be in the form of "terms and conditions" or "policies" governing your use of the ticket.  Sometimes this language is even printed on the ticket iteslf.  If the contract for the ticket or the ticket itself states that you must give 48 hours prior notice to change the date or get a refund then the company you contracted with should honor that contract.  Be careful though as there can be many conflicting provisions in such a contract even if it seems straightforward.  Even if you determine you have a right to a refund or to change the date of the ticket, you may then need to enforce your rights in court (small claims or district court) in order to force the company you bought the ticket from to comply with the contract. There is no other way to force the corporation to act or to settle such a dispute with them without their agreement.   Right now, it is very difficult to say if this is illegal or not without a careful and detailed review of the relevant contract terms and conditions and the particular facts of your case.  If you want to send it to me I can review it for you and give you a more definite answer. Good luck!   ... Read More

Generally, you are not required to sign or purchase any warranty when purchasing a used car. Warranty companies are independent and are separate businesses from the dealership selling you the car.  The warranty will have specific terms and conditions that you must adhere to in order to receive the warranty coverage. If you have purchased a warranty, the detailed terms and conditions of that particular warranty will govern whether or not you have warranty coverage for the vehicle.  If you or someone else altered the vehicle after the warranty was purchased, or if the warranty was purchased and the warranty company did not know about the non-conforming 'lift' when the warranty was purchased, the warranty company might still honor the warranty this time to avoid a legal problem with you, but it is likely that the warranty you signed and purchased is invalid and would not be applicable to any future warranty claims or warranty issues for this car. This may be why the warranty company wants you to sign a new warranty contract - in order to to make sure that the warranty you purchased matches the vehicle you have and the warranty will cover you going forward.  Eithe way, it is crucial to read both warranties very carefully, in extreme detail, to determine the differences in the two warranties.  A lawyer can help you with this review and analysis.  It may be that the warranty company agreed to fix the car this one time due to the short two week time period from purchase and the mistake in selling the warranty to you when the car had  a "lift", but the warranty company is likely not required to honor the warranty again in the future. The new warranty they are asking you to sign may be what you need to ensure full warranty coverage in the future with the 'lift' remaining in/on the car.  However, without talking to the warranty company, reviewing both warranties in detail, or talking with you, it is difficult for me to say for sure. Generally, though, they want to make sure the car is and remains conforming to the warranty they sold to you. A detailed comparison of the two warranties is essential, but you are never required to sign anything if you dont want to. The qusetion is whether you have coverage in the future if you dont sign the new warranty.  ... Read More

Katie, In short, you can contact both.  It is a shame that this company mistreated you and broke the contract in such a way. It sounds as if you want to hold this company accountable and receive financial compensation for the breach of contract and resulting damages you suffered. For this type of relief you ought to contact a civil attorney who is well versed in business disputes and/or construction contracts. If fraudulent conduct is indeed involved and supported by sufficient evidence, there is potential to obtain a substantial recovery. I cannot comment on the potential for recovery any further without knowledge of the facts and a thorough review of the contract at issue. It is likely that you can find an attorney willing to handle this matter on a contingency fee basis. When you hire an attorney in this manner, they work for you and must follow your instructions to the extent possible within the bounds of rules of professional conduct and ethics. You cannot, per se, directly obtain this sort of personal financial recovery through the criminal justice system. To go the criminal route would require making a police report. From there, your involvement would be limited. If the authorities found there to be reason to suspect a crime may have taken place, they would likely investigate the situation. However, you would have no control over their decisions. This would not be the same as hiring an attorney to represent you and would not cost you to incur attorney fees--at least not directly.  It's possible that facts exist which could lead the authorties to recommend to the prosecutor to file criminal charges against the company and/or individuals involved. However, the standard of proof required in criminal law is "beyond a reasonable doubt." This is far beyond the proof required in a civil case which is a "preponderance of the evidence" or sometimes a heightened standard of "clear and convincing evidence." You are welcome to respond with further details if you so desire. I hope you find his explanaiton informative. Best, Joseph... Read More

I have seen this problem before, as Carfax reports are not up to date.  However, I believe you will find that Carfax discloses that its reports are not up to date in its paperwork.  In fact, just checking the Carfax website, in order to place an order, you must check the box next to the statement that says "I agree to the Customer Agreement and understand that CARFAX may not have the complete history of every vehicle."  Assuming you checked this box, on the website or on a hard copy, I don't think you have a claim.... Read More

He can demand whatever he wants, but that doesn't mean that you are obligated to comply.  If the facts are as you write, you have no such obligation.  Of course, unless you have all this in writing, it may be his word against yours in court, and there is no guarantee that the judge/jury will believe you.... Read More

If the contractor caused the sub to be unable to perform, and the sub otherwise performed its obligations under the contract, the contractor has breached its contract with the sub and is liable for the damages the sub incurred due to the breach, i.e. the profits it lost on the contract (less any profits it made up if it able to get another job now that it is free).  The problem is, however, that it sounds as if the contractor may be broke, and unable to pay.... Read More

It is boilerplate language in almost every contract that the agreement may be signed in counterparts.  Thus, for example, every one of the hundreds of stipulations I draft every year contains a provision to the following effect:  "This Stipulation may be executed in two or more counterparts, one or both of which may be a facsimile or reproduction of a pdf file, each of which shall be deemed an original for all purposes."   If you look at your contract, I bet you will see a similar provision.  If it isn't there, it's still possible that the agreement would be considered valid, but I'm not a Colorado attorney and can't say for sure.... Read More

A form contract of the type you describe is called a contract of adhesion.  Many contracts are like that - credit card agreements, car rental agreements, etc.  While such a contract is more subject to challenge than a contract which is negotiated between parties of equal bargaining power, it is not per se unenforceable.... Read More

Yes, you can always fire your lawyer (except under very unusual circumstances.)  However, that doesn't mean that he/she will not be paid, even if you had a contingency fee arrangement.  Assuming that you had a ocntingency arrangement, the lawyer will be entitled to receive whatever the Court determines that the reasonable value of his/her services were worth, prior to being fired.... Read More

Great question, and it comes up a lot.  Restrictive covenants, such as this covenant not to compete, are governed by Colorado law - C.R.S. Sec. 8-2-113.  For the most part, covenants not to compete are disfavored under Colorado law, and are not enforceable. However, there are certain times when a covenant not to compete is valid.  They include: (i) when the covenant not to compete is entered into in connection with with the sale and purchase of a business or the assets of the business; (ii) when it is for the specific protection of trade secrets; (iii) when it is a contractual provision in an agreement where the employer pays for and is recovering the expenses of educating and training an employee, and the employee has been with the employer for less than 2 years; and (iv) when the employee is considered an "executive" or management personnel, or is part of the professional staff to the executive and management personnel. In most cases, a covenant not to compete is not enforceable - it is void.  Most employers try to hang their hat on (ii) or (iv) above.  However, restrictive covenants for the protection of trade secrets must be tailors to that specific purpose.  Also, in order to be considered management or an executive, you have to actually have people underneath you that you manage and control. Look at the facts of your case.  If you were not an actual manager, and none of the other circumstances apply, then the covenant not to compete is likely not enforceable. That being said, it does not mean that your former employer cannot file a lawsuit to attempt to enforce the covenant not to compete, and require you to hire an attorney to defend the case.  It just means that there is a good likelihood that you would be successful in defending the action. Finally, a covenant not to solicit has the same legal restrictions as a covenant not to compete - they both restrict an employee's ability to earn a living in their chosen profession. Good luck!... Read More

The parties to the agreement are the best ones to interpret it, but it doesn't seem all that complicated to me.  To me it means that if more than one partner wants to buy a partnership interest that another partner is selling, they can agree on the portion each will buy (here, it looks like you've agreed that you'll buy 1 share and the other partner will buy 1/2 share) or, if they can't agree, than they will each be able to buy proportional with their interests in partnership capital (I assume that, in your partnership, each partner's capital account is proportional with his/her/its partnership interest.)  In other words, if one partner who owns one share and one partner who owns 1.5 shares each want to buy the partnership interest being sold, and the can't agree on how they will divide it, the partner who owns 1.5 shares will be able to buy 60% of the interest, and the partner who owns 1 share will be able to buy 40%.  If they each owned 1 share, they could each buy half.  If one partner owned 3 shares and the other owned 1 share, the 3 share partner could buy 75% of the interest, and the 1 share owner 25%.... Read More

Yes.  First of all, although there was no handwritten signature, an email address or something similar on a writing will often be considered the equivalent of a signature.  Also, most contracts do not have to be in writing to be enforceable.  I see  nothing on the face of your agreement which would bar an enforceable oral agreement. You may have problems proving that you would have been able to sell the pictures for a definite amount of money, unless you already had a contract in place to do so. Also you have a duty to mitigate your damages.  You will have to show why you didn't mitigate by just hiring another model and do the shoot.  You could have limited your damages to just the $300  you advanced the model, plus anything extra you had to pay a replacement model.... Read More

Unfortunately, it's not so simple.  This not uncommon problem is called the "battle of the forms".  It's resolution is governed by Section 2-207 of the Uniform Commercial Code.  The answer may not be black and white, and may depend on such factors as whether the differences between A's and B's terms were material, whether B expressly conditioned his acceptance on A's acceptance of his new or different terms, the parties' course of doing business together, and the standard practice in the industry. ... Read More

Although the particulars vary from state to state, there are procedures which can be employed to get discovery about a judgment debtor's assets.  For one thing (assuming that Colorado procedures are similar to those in the states in which I practice), you have the right to ask the judgment debtor to tell you about his/her/its assets under oath (i.e. under penalty of perjury), either by written questions (interrogatories) or by oral testimony (deposition).  If the judgment debtor doesn't comply with  your discovery demands, the Court will compel  him/her/it to respond under penalty of being found in contempt of court and fined or possibly imprisoned.... Read More

In the absence of a lease with the landlord, you are a licensee or at best a tenant at sufferance. Because your oral agreement did not have a "duration" term, it is presumably terminable at will by either party. It doesn't sound fair or appropriate that you should be required to pay rent for a time period when you are being denied occupancy by your "friend," and I doubt that a court would enforce that requirement. In any event, you need to find someplace else to live.... Read More

The lease will be determinative in this case and you should read the lease carefully to determine if unremedied nuisances would constitute a basis for terminating the lease.   While the situation may not give you a basis to terminate your lease, it is likely a violation of the other tenants lease as well as local ordinances. As such, you should begin to create a record by sending a written complaint to the management company so that they can respond in writing and potentially evict the other tenant.  The process unfortunately takes some time. Since you have already taken the basic step of approaching your neighbor and asking nicely to have them address the issue, you may want to contact law enforcement or send the neighbor a written letter that you will be making a formal noise complaint if the behavior continues. If the above approaches do not prove successful, you should have an attorney review your lease to determine what, if any, specific basis you may have to terminate the lease. Please note this response is general in nature and is not legal advice. No attorney client relationship is formed by it.  Furthermore, the response does not represent the opinions or views of LexisNexis or its affiliated companies. I hope this information is helpful. Kind regards,   Cyrus Rajabi... Read More

The lease will be determinative in this case and you should read the lease carefully to determine if unremedied nuisances would constitute a basis for terminating the lease.  This may also rise to the level of a health issue which may be addressed in your lease. While the situation may not give you a basis to terminate your lease, it is likely a violation of the other tenants lease. In particular, it is possible that local ordinances may be applicable and it may be a violation for their dog to urinate on the balcony.   In any event, you should send a written complaint to the management company so that they can respond in writing and potentially evict the other tenant.  The process unfortunately takes some time. I assume that you have already taken the basic step of approaching your neighbor and asking nicely to have them take their dog outside rather than having the dog urinate on the balcony.  If you haven't, this should be your first step.  Hopefully, they will rise to the occasion and address the issue without the need for any legalities or formalities. Please note this response is general in nature and is not legal advice. No attorney client relationship is formed by it.  Furthermore, the response does not represent the opinions or views of LexisNexis or its affiliated companies. I hope this information is helpful. Kind regards,   Cyrus Rajabi  ... Read More