Colorado Real Estate Legal Questions

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206 legal 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 2
Do you have any Colorado Real Estate questions page 2 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

Assessment fee $4979.00. Is that a reasonable amount for estimated repairs

Answered 10 years and 6 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
It is impossible to know if $4979 is reasonable, we don't know what the repairs are, i.e. a new roof, windows, grounds work, etc.  Likely, the issue is whether or not the Assessment was properly assessed by a Board with the authority to do so.   Contact and attorney for an in person review of the facts and issues.  ... Read More
It is impossible to know if $4979 is reasonable, we don't know what the repairs are, i.e. a new roof, windows, grounds work, etc.  Likely, the... Read More
You have two separate issues: 1. The complaint about the stairs.  You'll need to defend yourself and your property if your neighbor is claiming you are on his property which you believe is your property.  Contact and attorney to assist you.  I'll offer you a free initial consultation if you call my office - 303-688-0944.   2.  Can the neighbor simply decide that he does not want to be a member of the HOA any longer.  No, so long as the HOA is properly functioning and his property is properly encumbered by the HOA.   Good Luck!... Read More
You have two separate issues: 1. The complaint about the stairs.  You'll need to defend yourself and your property if your neighbor is claiming... Read More
Only if this is a properly and formal assessment.   Good Luck!
Only if this is a properly and formal assessment.   Good Luck!
Yes, if the tenants do not voluntarily return possession you will need to judicially evict them. You can hire an attorney to handle this for you, many will do it on a flat fee basis. Or if you think you want to do it yourself you'll need to come to Colorado, likely several times.     Good Luck!... Read More
Yes, if the tenants do not voluntarily return possession you will need to judicially evict them. You can hire an attorney to handle this for you,... Read More

Commercial RE for Sale and Current Lease Agreements

Answered 10 years and 6 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
When you purchase the real estate, you become the Landlord in the leases, i.e. you can enforce the lease but the tenant has the right to maintain possession so long as he is not in violation of the terms of the lease. Ask the seller not to renew the leases without your approval as you will ultimately be bound by those terms.... Read More
When you purchase the real estate, you become the Landlord in the leases, i.e. you can enforce the lease but the tenant has the right to maintain... Read More

Is this a discriminatory practice?

Answered 10 years and 6 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
I doubt that this is discrimination.  But, I also doubt that the HOA has the power to assert this rule without a vote from the owners. You should consult an attorney to review the facts here more deeply to determine if you have claim against your HOA.
I doubt that this is discrimination.  But, I also doubt that the HOA has the power to assert this rule without a vote from the owners. You... Read More

Upgrades on a home

Answered 10 years and 6 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
Dennis,   I'd like to help you.  Unfortunately, I'm not sure what you question is and I doubt that your question can be properly answered without reviewing the contract.  Is this a new build and a builder contract your dealing with? I can offer you a free consult if you'll call my office.  303-688-0944... Read More
Dennis,   I'd like to help you.  Unfortunately, I'm not sure what you question is and I doubt that your question can be properly answered... Read More

Jointly held property

Answered 10 years and 6 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
You'll have to ask a Kansas attorney as this issue is specific to Kansas real estate.  
You'll have to ask a Kansas attorney as this issue is specific to Kansas real estate.  
If the HOA was properly dissolved and the manager no longer is employed by the HOA he has a duty to return any money held by him to its owner, the HOA.   Likely, this situation is more complicated than one may think.   A suit, or threat of a suit, for Conversion or Civil Theft would likely bring the broker to the table. Good Luck!  ... Read More
If the HOA was properly dissolved and the manager no longer is employed by the HOA he has a duty to return any money held by him to its owner, the... Read More

How to get lien released when the company that agreed to remove the lien is out of business.

Answered 10 years and 7 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
If you cannot contact and officer of the former company, you may need to quiet the title.  
If you cannot contact and officer of the former company, you may need to quiet the title.  

Will an end of lease eviction judgement affect us once we vacate the property?

Answered 10 years and 7 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
Yes, an eviction on your may affect you in the future. It is possible to agree to the judgment for possession then when you perform (move out on time) the Landlord can go back to the Court and ask for the judgment to be withdrawn.  
Yes, an eviction on your may affect you in the future. It is possible to agree to the judgment for possession then when you perform (move out on... Read More
Perform your own inspection documenting the condition in which the property is returned, video is great.  You are under no obligation to perform a joint walk through.  
Perform your own inspection documenting the condition in which the property is returned, video is great.  You are under no obligation to perform... Read More

The title company made a mistake, leaving out attorney fees from closing costs.

Answered 10 years and 7 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
You should take a look at the documents you signed at closing.  Almost always the title company will require you to sign an agreement to work with them to correct any problems which occurred during closing.  It is unlikely that the title company has liability here, but your seller may owe you some money pre the agreement of costs.   Good Luck!... Read More
You should take a look at the documents you signed at closing.  Almost always the title company will require you to sign an agreement to work... Read More

do i have a case agaist my instructor and or seller of my new home

Answered 10 years and 7 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
You may have a claim for failure to disclose a known material defect.  But, you'll have to prove that the seller had actual knowledge of the plumbing problem and failed to disclose. You should get an attorney involved to assist you with this as these case can be technical and often go to trial.   Good Luck!... Read More
You may have a claim for failure to disclose a known material defect.  But, you'll have to prove that the seller had actual knowledge of the... Read More

file a real estate lien on property

Answered 10 years and 7 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
You'll need to contact a HI attorney for this.   Likely you'll need to get the CO Judgment registered with the HI Ct.  
You'll need to contact a HI attorney for this.   Likely you'll need to get the CO Judgment registered with the HI Ct.  
Quit Claim your share to someone else, likely another owner.  If they will not accept your gift simply stop paying your portion of the bills.  
Quit Claim your share to someone else, likely another owner.  If they will not accept your gift simply stop paying your portion of the bills.... Read More
The Board nor the Board President have the authority to act contradictory to the HOA Convenants.  The HOA has a duty to protect all members and enforce the convenants fairly.   Good Luck!
The Board nor the Board President have the authority to act contradictory to the HOA Convenants.  The HOA has a duty to protect all members and... Read More
Whether or not you have a case is dependant upon the language of your agreement with your property manager.  
Whether or not you have a case is dependant upon the language of your agreement with your property manager.  
These charges should have bee assessed to the seller of your condo at the closing of your purchase.  This is not likely an enforceable claim by the HOA.  
These charges should have bee assessed to the seller of your condo at the closing of your purchase.  This is not likely an enforceable claim by... Read More
That depends on how the new owner would like to handle the rent.  
That depends on how the new owner would like to handle the rent.  
Richard,   The HOA may have some rights here to recover damages.  Question is did new builder/owner have duty to perform the maintenance that the HOA has paid for over the last two years. You have a $300,000 claim, you should consult with an attorney experienced in this area of law.  My suspicion is that even if you are right you will not get the builder to write you a check for $300,000 without getting an attorney involved.   Good Luck!... Read More
Richard,   The HOA may have some rights here to recover damages.  Question is did new builder/owner have duty to perform the maintenance... Read More

buying a forsale by owner house.

Answered 10 years and 8 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
If the contract has been signed it is to late for an attorney to protect your interests. However, if you have disputes with the Seller during the course of performance you may want to consider hiring an attorney to assist you.     For example I assist FSBO Buyers like yourself for a low flat fee of $1500.... Read More
If the contract has been signed it is to late for an attorney to protect your interests. However, if you have disputes with the Seller during the... Read More
If you have proof of actual knowledge that seller failed to disclose, you have a good case.  You should contact and attorney to discuss how to find seller and initiate legal action.
If you have proof of actual knowledge that seller failed to disclose, you have a good case.  You should contact and attorney to discuss how to... Read More

Neighbor changed drainage, damaged fenc and patio - can I sue for damages and legal fees?

Answered 10 years and 9 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
Yes you can recover damages resulting from the drainage, support, and fences issues.  Legal fees, maybe.  Your case will need to be more closely examined to assist you with attorney fees.  
Yes you can recover damages resulting from the drainage, support, and fences issues.  Legal fees, maybe.  Your case will need to be more... Read More
Yes, you need to start the formal judicial eviction process if your tenant does not vacate when the lease expires. I handle evictions up and down the front range for a flat fee of $750.
Yes, you need to start the formal judicial eviction process if your tenant does not vacate when the lease expires. I handle evictions up and down... Read More