Colorado Real Estate Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question

2
Details

3
Submit
1
Ask a Question

2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
206 legal [2, *]questions have been posted about real estate by real users in Colorado. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include easements, commercial leasing, and commercial real estate. All topics and other states can be accessed in the dropdowns below.
Colorado Real Estate Questions & Legal Answers - Page 3
Do you have any Colorado Real Estate questions page 3 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 206 previously answered Colorado Real Estate questions.

Recent Legal Answers

If there is a lease agreement in place which obligates the seller as landlord, the buyer will be obligated by the same terms and contract and will become the landlord.  
If there is a lease agreement in place which obligates the seller as landlord, the buyer will be obligated by the same terms and contract and will... Read Answer

What if I can't move out or rental within the 30 days given?

Answered 10 years and 11 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
You should try to negotiate an extension with your landlord.  However, if you are unable he may choose to begin the eviction process on July 1, this normally takes a few weeks.  
You should try to negotiate an extension with your landlord.  However, if you are unable he may choose to begin the eviction process on July 1,... Read Answer

I have not signed a lease. I was told I have 7 days to get out.

Answered 10 years and 11 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
If your lease is in Alabama you need to post this to Alabama Attorneys.  
If your lease is in Alabama you need to post this to Alabama Attorneys.  

How do I get a receiver to release one property from a large receivership?

Answered 10 years and 11 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
Why don't you foreclose on the property based on the defaulted loan?  Why is a reciever handling the property?  This should not prevent your rightful foreclosure.
Why don't you foreclose on the property based on the defaulted loan?  Why is a reciever handling the property?  This should not prevent... Read Answer

Signing a statement of intent to not divorce for mortgage co

Answered 10 years and 11 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
If you sign it you should ensure that the agreement defines how long it is valid for or when the agreement terminates.  It is likely that you do not want to sign this agreement.  
If you sign it you should ensure that the agreement defines how long it is valid for or when the agreement terminates.  It is likely that you do... Read Answer

if someone owns a condo can they have someone take over the management with out a license

Answered 10 years and 11 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
Strictly speaking if you are not the owner, and in order to legally perform management duties for someone else CO requires that you be licensed.  
Strictly speaking if you are not the owner, and in order to legally perform management duties for someone else CO requires that you be licensed.... Read Answer

Escro Laws

Answered 10 years and 11 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
There is no question here, and likely no wrong doing.  I understand you are upset but it is unlikely that spending time and money in a legal battle will result in a satisfactory remedy.  
There is no question here, and likely no wrong doing.  I understand you are upset but it is unlikely that spending time and money in a legal... Read Answer
You should sue for civil theft!  This sounds like a great case, if your tenant will testify for you.  Civil Theft allows for the plaintiff to recover triple damage and attorney fees.   I can offer you a free consultation to discuss your case if you are considering hiring an attorney to pursue this for you.  Just call 303-688-0944 and ask to schedule a free consultation with Don Eby.... Read Answer
You should sue for civil theft!  This sounds like a great case, if your tenant will testify for you.  Civil Theft allows for the plaintiff... Read Answer
If the HOA owns the drain and is responsible for it, any damage caused by the negligence of the HOA will likely be actionable by you against the HOA.  
If the HOA owns the drain and is responsible for it, any damage caused by the negligence of the HOA will likely be actionable by you against the HOA.... Read Answer
You have a lot at risk here.  To answer your questions will require understanding the facts and reviewing your contract.   Based on your facts it seems very unlikely that the seller has the right to retain your earnest money or sue you for damages.  But, you very well may have damages that may be recovered against the seller. I recommend that you contact an attorney for an in person consultation to review the facts and assist you in determining the strengths and weaknesses of both your defense and your claim against the seller. I'll offer you a free 30 minute consult, call 303-688-0944, reference this communication and ask for a free consultation with Don. Good Luck!   ... Read Answer
You have a lot at risk here.  To answer your questions will require understanding the facts and reviewing your contract.   Based on your... Read Answer
If your roommate represents a threat to your physical safety you should consider moving out or obtaining a restraining order so that he must move. As for the rent, you may want to handle that in small claims court.  
If your roommate represents a threat to your physical safety you should consider moving out or obtaining a restraining order so that he must... Read Answer

Can a co-borrower on a mortgage "walk away" from the debt?

Answered 11 years ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
Can a borrower refuse to make payments on a debt?  Yes. May the lender hold that borrower liable for those missed payments and other damages?  Yes. Can Social Security and pension payment be garnished?  Not likely.  
Can a borrower refuse to make payments on a debt?  Yes. May the lender hold that borrower liable for those missed payments and other damages?... Read Answer

pUT MY SISTER BACK ON THE OWNERSHIP OF THE HOUSE

Answered 11 years ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
Maybe this is as simple as another quit claim deed.  But, that can't be known without reviewing the state of title and  also discussing other issues of ownership and survivorship rights. I recommend you contact and an attorney for a consultation to discuss this issue.  If it is as simple as a new quit claim deed you can likely resolve this issue for a couple hundred dollars and have the peace of mind that it was done right.  After all we are talking about real estate which has significant value, do you really want to risk that value to save a few hundred dollars?... Read Answer
Maybe this is as simple as another quit claim deed.  But, that can't be known without reviewing the state of title and  also discussing... Read Answer
Without seeing either the agreement with your property manager or the lease beginning on June 1.  It is impossible to tell what your options are.  If you assume the new lease is valid then you are obligated through the actions of your agent.  May the agent have some liability?  Was the agent working within his designated powers?  May the new tenant allow you to terminate the lease, maybe for a small fee?  Are you obligated to pay the property manager his 3 months of management fees?  Maybe be depending upon whether or not he was working within his agreed power as property manager when he signed the new lease. As you can see there are a lot of questions that need to be answered and the answer will likely depend upon the specific language of the agreements.  I recommend that you contact an attorney and schedule a live consultation so that these issues can be discussed and your options can be reviewed.... Read Answer
Without seeing either the agreement with your property manager or the lease beginning on June 1.  It is impossible to tell what your options... Read Answer
Your best option is to move.  You have no future obligations beyond this month based on the facts you provide.  
Your best option is to move.  You have no future obligations beyond this month based on the facts you provide.  
Is the Quit Claim Deed valid if the tennancy type is not annotated on the Deed?  Yes. Is it advisable to annotate the Deed with the tenancy type?  Yes.  If no tenancy type is annotated a right of survivorship will generally be presumed.  
Is the Quit Claim Deed valid if the tennancy type is not annotated on the Deed?  Yes. Is it advisable to annotate the Deed with the tenancy... Read Answer

How can a property manager collect rent on a home that's on foreclosure

Answered 11 years ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
Whether or not a home is subject to the possibility of foreclosure in the future has no bearing on the tenant's obligation to pay rent for this month.  
Whether or not a home is subject to the possibility of foreclosure in the future has no bearing on the tenant's obligation to pay rent for this... Read Answer
Give the county what it wants,i.e. grant the easement.  Unless you intend to sue yourself your contention that the doctrine of merger is irrelevant.  
Give the county what it wants,i.e. grant the easement.  Unless you intend to sue yourself your contention that the doctrine of merger is... Read Answer

Does the HOA have the right to restict access to my dog to my private and secured patio?

Answered 11 years and a month ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
Not likely - Your HOA's powers are limited to its Charter and Bylaws.  
Not likely - Your HOA's powers are limited to its Charter and Bylaws.  

Is it legal for seller agent to change property description after we have gone into escrow?

Answered 11 years and a month ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
The seller has no right to unilaterally change the property which is included in the sale.  Also, unless specifically agreed otherwise items that are "attached to the real estate," are considered part of the real estate unless otherwise excepted.   Be sure to inspect prior to closing, if the property is not as expected you should consider not closing.  If you want to head this off before closing day you should consider hiring an attorney to send seller a demand letter.   Good Luck!... Read Answer
The seller has no right to unilaterally change the property which is included in the sale.  Also, unless specifically agreed otherwise items... Read Answer

Need to loan money to brother with his house as coladeral

Answered 11 years and a month ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
I recommend that you use a promissory note and deed of trust to secure your interest in the home.  Most attorneys will draft these documents for you for a modest fee.   Good Luck!
I recommend that you use a promissory note and deed of trust to secure your interest in the home.  Most attorneys will draft these documents for... Read Answer

Sublease or not?

Answered 11 years and a month ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
It is your decision.
It is your decision.

How do I get myself removed as treasurer of a non-active homeowners association?

Answered 11 years and a month ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
There are not enough details in your message to help you.  Likely the answer is in the By-Laws of the Assoc.  But, if you are referring to the HOA address on public record that will be handled by a filing.   My firm can help you, likely at a low cost. Don Eby 303-688-0944
There are not enough details in your message to help you.  Likely the answer is in the By-Laws of the Assoc.  But, if you are referring to... Read Answer
The issue will be is the landlords email specific enough to be considered and offer to terminate and your response a specific yes to the offer. Otherwise the Landlord is under no obligation to accept you offer to terminate the lease agreement.  
The issue will be is the landlords email specific enough to be considered and offer to terminate and your response a specific yes to the... Read Answer

Was it legal that I was taken off my Mortgage?

Answered 11 years and a month ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
If she recorded a Quit Claim Deed adding you to title as an owner she cannot simply remove you without your consent.  She may have recorded a document but the simple act of recording does not make the document binding.   If she signed the document in your name then she is guilty of forgery. If she simply removed you from the mortgage you should send her a thank you card as this only relieves you of liability but not of ownership.   Based on your question I think you are very confused about the status of ownership of your property.  You should consult an attorney in a live consultation to work through the issues.    ... Read Answer
If she recorded a Quit Claim Deed adding you to title as an owner she cannot simply remove you without your consent.  She may have recorded a... Read Answer