Colorado Real Estate Legal Questions

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 More

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 More

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 More

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 More

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 More

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 More