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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 5
Do you have any Colorado Real Estate questions page 5 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.
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Recent Legal Answers

need estate advice

Answered 11 years and 5 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
Maybe - Does she have a will, are the there other heirs?  There are a lot of questions to be answered.  Even if you inherit the property you will need to get formally transfer ownership so that you have marketable title.   I recommend that you contact an attorney to help you with this and with your Mother's estate. All me best,... Read More
Maybe - Does she have a will, are the there other heirs?  There are a lot of questions to be answered.  Even if you inherit the property... Read More

Seller Financing

Answered 11 years and 5 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
You plan to offer 100% owner financing?    The title company will prepare the closing docs but you'll need to provide the promissory note. I recommend you contact an attorney to help you draft the note and deed of trust.  If you are forced to foreclose these documents will be all that you have to prove your case, so they must be right.   Good luck!... Read More
You plan to offer 100% owner financing?    The title company will prepare the closing docs but you'll need to provide the promissory... Read More

LANDLORD LOST MY MONEY ORDER CAN HE EVICT ME?

Answered 11 years and 5 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
You will have to prove that you paid the rent.  Did you get a receipt?  Unfortunately, money orders are very similar to cash in that they are difficult to track and stop payment on.  If your landlord believes that you have failed to pay rent he can proceed to initiate the eviction process.  You will need to Answer the Complaint by the deadline or you may loose possession by default.  If you file an answer you will get a trial to tell your story to the Judge and the Landlord will have the burden of proof. Good luck!... Read More
You will have to prove that you paid the rent.  Did you get a receipt?  Unfortunately, money orders are very similar to cash in that they... Read More

If my lawyer is able to prove my realtor breached his contract and duty and cost me the sale of my property, can I be awarded financial damages?

Answered 11 years and 6 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
Yes, if you can prove your allegations you may obtain and damages award for breach of contract and negligence.  Is your Broker insured?
Yes, if you can prove your allegations you may obtain and damages award for breach of contract and negligence.  Is your Broker insured?

We recently purchased a home from a very irresponsible family member, who almost let the home go into foreclosure. Just prior to the issuance of the a

Answered 11 years and 6 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
Incomplete question.
Incomplete question.

Am I obligated to sign a Fixed/Adjustable Rate Note 3 weeks after closing and I have moved in the new home?

Answered 11 years and 6 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
Your lender or closer cannot require you to sign any document which modifies the terms of the agreement post closing.  However, in most closings you will sign a document which states that you will cooperate in signing or making any administrative changes to the documents to ensure the lender has a complete and correct closing file. If this note contains the agreed upon terms you should sign it if your lender is attempting to force you to sign something that changes the agreement then you should refuse.   Good Luck.... Read More
Your lender or closer cannot require you to sign any document which modifies the terms of the agreement post closing.  However, in most closings... Read More

when does the statue of limitations apply to a consturction the crosses over into a neighbors property

Answered 11 years and 7 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
Yes, your neighbor may ask you to remove the hottub and deck from his property or after the proper amount of time you would be able to claim that you own that land.  You could buy this property from your neighbor. 
Yes, your neighbor may ask you to remove the hottub and deck from his property or after the proper amount of time you would be able to claim that you... Read More

Our tenant wanted out of contract that was for two years but was to pay two months rent .How can we collect?

Answered 11 years and 7 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
If you want to enforce the two month termination fee you'll need to bring suit for breach of contract.  Depending upon the amount of the fee you may want to do this in small claims court or hire and attorney to do it for you. Good Luck!
If you want to enforce the two month termination fee you'll need to bring suit for breach of contract.  Depending upon the amount of the fee you... Read More

Fraud

Answered 11 years and 7 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
Bridget, If the land is in CO you'll likely need to bring suit in CO.  Your facts are a bit confusing and I'm not certain if the transaction has been completed.  If you believe you have been defrauded you should contact an attorney to discuss the specific facts of your case so that you can determine your best course of action.     Good Luck!... Read More
Bridget, If the land is in CO you'll likely need to bring suit in CO.  Your facts are a bit confusing and I'm not certain if the transaction... Read More

How can I vacate an 18 year old 'Temporary Easement' on a property I'm purchasing?

Answered 11 years and 7 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
How do you know it is a "Temporary" easement?  Maybe the easement has already been terminated by the elimination of the use?  Does easement holder reject your desire to terminate the easement?  Maybe this is as easy as recording a termination of easement. There are a lot of facts to consider here, I recommend that you contact an attorney to discuss this with an inspection of the documents and a conversation regarding the facts.     Good Luck!... Read More
How do you know it is a "Temporary" easement?  Maybe the easement has already been terminated by the elimination of the use?  Does easement... Read More

how do you divide the shares on a home with multiple joint tenancy quitclaim deeds?

Answered 11 years and 8 months ago by Adam L. Weitzel (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
I think you will probably need to have an attorney review each of the deeds to determine your property interest.
I think you will probably need to have an attorney review each of the deeds to determine your property interest.

Question about quit claim document

Answered 11 years and 8 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
Becky,   Are you sure that you want to do this alone?     From you to you and him in Joint Tenancy.   Good Luck!
Becky,   Are you sure that you want to do this alone?     From you to you and him in Joint Tenancy.   Good Luck!

how do you divide the shares on a home with multiple quitclaim deeds with joint tenancy?

Answered 11 years and 8 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
You should consult an attorney in person to inspect the deeds and the county records.  It is likely that you own at least half of the property and possibly the eniriety of the property.   Did she have a will?   Again, there are a lot of facts that will affect your final rights so you should consult and attorney to discuss your case in detail.     Good Luck,... Read More
You should consult an attorney in person to inspect the deeds and the county records.  It is likely that you own at least half of the property... Read More

Can you be charged a late fee when the 2nd and 3rd are on a weekend

Answered 11 years and 8 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
It depends on the language of your lease agreement.  The likelihood is, yes.  
It depends on the language of your lease agreement.  The likelihood is, yes.  

how do i stop the sale of my house

Answered 11 years and 8 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
If you have signed the purchase and sell agreement you have an obligation to close the sell unless the buyer breaches the contract.  You are under no obligation to work with the buyer to make it easy for him to complete the purchase. I recommend you bring your contract to an attorney for specific advise about how you can refuse to close based on the terms of the agreement.   Good Luck,... Read More
If you have signed the purchase and sell agreement you have an obligation to close the sell unless the buyer breaches the contract.  You are... Read More

How do I add my wife to my house title?

Answered 11 years and 8 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
Generally a quit claim deed will be sufficient.  However, if there is insurance or lenders involved you may want to discuss this with an attorney who can help protect your interests. Good luck,
Generally a quit claim deed will be sufficient.  However, if there is insurance or lenders involved you may want to discuss this with an... Read More

Need help determining fair amount due brother from real estate owned by my mother and me after her passing.

Answered 11 years and 8 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
If your mother quit claim deeded her share of the home to you then the home was not part of her estate and your brother has no claim.   You ask a lot of detailed questions here, much more than can be handled in this forum.  I recommend that you contact an attorney and schedule a consultation to discuss the specifics of your situation and possibly help you with a probate or partition action.   Good Luck,... Read More
If your mother quit claim deeded her share of the home to you then the home was not part of her estate and your brother has no claim.   You... Read More

How can a seller carry only a percentage of a mortgage?

Answered 11 years and 8 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
Generally when this is called an "Owner Carry Back Mortgage."  This will normally be a loan in addition to the primary loan that the buyer obtains from a conventional lender to complete the purchase.  Proceed with caution!
Generally when this is called an "Owner Carry Back Mortgage."  This will normally be a loan in addition to the primary loan that the buyer... Read More

I want to break my lease. The space has been relet, I am dissolving my LLC and did not guaranty the lease personally. What is the landlords remedy

Answered 11 years and 8 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
If your LLC is dissolved and you did not personally guarantee then your landlord has no one to look to for damages.  The issue of the lower rent would require his proof that the lower rent is all the market will bear at this time.  Seems unlikely in today's climate.   If you are served with a Complaint for Money Damages, you should hire an attorney.     Good Luck,... Read More
If your LLC is dissolved and you did not personally guarantee then your landlord has no one to look to for damages.  The issue of the lower rent... Read More

CAN A LANDLORD RAISE THE RENT 22%

Answered 11 years and 8 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
Do you want to move?  You may have a Warranty of Habitability Claim. If you want to stay you can negotiate a lower rent or pay what the landlord demands, but you have no legal leverage to force the rent to be reduced.  
Do you want to move?  You may have a Warranty of Habitability Claim. If you want to stay you can negotiate a lower rent or pay what the... Read More

Can a person be the guarantor and co-signer on a mortgage but not be on the title or contract

Answered 11 years and 8 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
It is common for a person to be obligated to pay the mortgage as a surety for a loan but to not possess an ownership interest in the property.  Your lender or closing agent should be able to help you accomplish this goal.   Good Luck,
It is common for a person to be obligated to pay the mortgage as a surety for a loan but to not possess an ownership interest in the property.... Read More

Can the seller of a short sale back out

Answered 11 years and 9 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
So long as your contract has not expired your seller does not have the right to terminate the contract.  You may want to consider hiring an attorney to send the seller a letter explaining that he or she is bound by the terms of the contract and refusal to close will only result in severe legal consequences.... Read More
So long as your contract has not expired your seller does not have the right to terminate the contract.  You may want to consider hiring an... Read More

Lien on my grandmother home

Answered 11 years and 9 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
You will need to bring a suit claiming fraudulent lien.  If you can prove your case you may be able to recover treble damages.  But, more importantly you do not want the back to foreclose on the lien.  I recommend that you contact an attorney ASAP to discuss this in detail and get some help.  ... Read More
You will need to bring a suit claiming fraudulent lien.  If you can prove your case you may be able to recover treble damages.  But, more... Read More

Inspection issue

Answered 11 years and 10 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
Generally speaking the inspector and the buyer are responsible for repairing any damage caused during the inspection.  
Generally speaking the inspector and the buyer are responsible for repairing any damage caused during the inspection.  

Where do I file a quick claim deed?

Answered 11 years and 10 months ago by attorney Donald Eby   |   1 Answer   |  Legal Topics: Real Estate
You file the quit claim in with the Clerk and Recorder of the County in which the property is located.  Do you really want to file a document effigial transferring the ownership of real property when, it appears that you have very little knowledge of how to do this properly?   You should consult with an attorney.  This can probably be handled for you for a few hundred dollars.  ... Read More
You file the quit claim in with the Clerk and Recorder of the County in which the property is located.  Do you really want to file a document... Read More
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