×
Go back to Martindale-Avvo ➔

Colorado Residential 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.
153 legal questions have been posted about residential 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 real estate, easements, and commercial leasing. All topics and other states can be accessed in the dropdowns below.
Colorado Residential Real Estate Questions & Legal Answers - Page 2
Do you have any Colorado Residential Real Estate questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 153 previously answered Colorado Residential Real Estate questions.
Residential Real Estate
Colorado

Recent Legal Answers

bought house in 2007 that has propane tank for garage heater. 2015 a company says it's leased @ wants it back

Answered 10 years and 9 months ago by attorney Donald Eby   |   1 Answer
8 years is a long time to have a leased tank and not make a payment.  Don't know if this is truely leased or not.  If it is give it back.  Make the leasing company prove it is thiers.   The tank is likely personal property not included in the purchase of the home.
8 years is a long time to have a leased tank and not make a payment.  Don't know if this is truely leased or not.  If it is give it back.... Read More

HOA Responsibility to Members - Impact of New Construction

Answered 10 years and 10 months ago by attorney Donald Eby   |   1 Answer
Does the HOA have responsibility to intervene?  The HOA has a duty to protect its members (owners) but that does not mean that the HOA should prevent the construction only require the new construction to occur in a way which will not cause the HOA financial damages in the future.   Could the HOA be liable for future damages?  Yes, if the damage is caused by a problem which originates on the HOA Property.   The HOA may want to consider consulting with an attorney regarding its options and possible liability.     Good Luck!... Read More
Does the HOA have responsibility to intervene?  The HOA has a duty to protect its members (owners) but that does not mean that the HOA should... Read More

Family Home Question

Answered 10 years and 10 months ago by attorney Donald Eby   |   1 Answer
You'll need to discuss this with you family law attorney.  
You'll need to discuss this with you family law attorney.  

is my daughter and her boyfriend stuck with the lease

Answered 10 years and 10 months ago by attorney Donald Eby   |   1 Answer
What ever terms of the agreement he/she/or they signed those are the terms that they have to live with.  
What ever terms of the agreement he/she/or they signed those are the terms that they have to live with.  

Does agreement (signing) an amend/extend equate to acceptance of the original offer?

Answered 10 years and 10 months ago by attorney Donald Eby   |   1 Answer
If they signed your offer it was accepted.  But, it they changed it at all and sent you a offer to sign then the original offer was not accepted.  
If they signed your offer it was accepted.  But, it they changed it at all and sent you a offer to sign then the original offer was not... Read More

How do I fight an eviction where my landlord refused to allow lease transfer and my bankruptcy just got settled

Answered 10 years and 11 months ago by attorney Donald Eby   |   1 Answer
If your rent was not part of the bankruptcy and your bankruptcy attorney has indicated that there is nothing he can do then you are left with only a few choices: Pay the demanded rent Work out a deal with the Landlord for a reduction of the amount owed. Or move and hope that he does not come after for money damages.... Read More
If your rent was not part of the bankruptcy and your bankruptcy attorney has indicated that there is nothing he can do then you are left with only a... Read More

Is a Crawl Space Foundation Leak conidered interior or exterior damage?

Answered 10 years and 11 months ago by attorney Donald Eby   |   1 Answer
Liability to correct the problem will be determined based on your HOA Charter and Bylaws.  Likely something the is the HOA's responsibility.  
Liability to correct the problem will be determined based on your HOA Charter and Bylaws.  Likely something the is the HOA's responsibility.... Read More

Can I sue my local County Building Inspection Department for negligence?

Answered 10 years and 11 months ago by attorney Donald Eby   |   1 Answer
You may be able to sue the roofer that installed the bad roof.  But, it is unlikely that you can bring suit against Building Inspection Dept, most governmental organization have immunity for such suits.  
You may be able to sue the roofer that installed the bad roof.  But, it is unlikely that you can bring suit against Building Inspection Dept,... Read More

Does a right to buy listing econtract have to be signed by both parties.

Answered 11 years ago by attorney Donald Eby   |   1 Answer
Generally, to be binding a contract must be signed by both parties, if signed by only one party it is not a contract but an offer to enter into a contract under the offered terms.  
Generally, to be binding a contract must be signed by both parties, if signed by only one party it is not a contract but an offer to enter into a... Read More

How do I have a mechanic's lien removed in the state of Colorado?

Answered 11 years ago by attorney Donald Eby   |   1 Answer
If you dispute the lien and the company is closed you should bring a claim of defective lien in the Court.  This will require serving and officer or owner or the registered agent of the company. Mechanics liens are very technical.  I recommend calling an attorney to discuss this in detail and review the specifics of the notice and lien.  ... Read More
If you dispute the lien and the company is closed you should bring a claim of defective lien in the Court.  This will require serving and... Read More

Grandfathered structure on lot. Can it be "ungrandfathered" down the road by the HOA?

Answered 11 years ago by attorney Donald Eby   |   1 Answer
It is unlikely that anything prevents the HOA from one day reversing course and demanding that the non-compliant structure be removed or updated.  Additionally, should you ever want to modify the existing structure the HOA may not allow it.  
It is unlikely that anything prevents the HOA from one day reversing course and demanding that the non-compliant structure be removed or updated.... Read More

The fence of neighbor's west of me encroaches onto my property from the south to the north; a survey has been done twice and confirmed their encroachm

Answered 11 years and a month ago by attorney Donald Eby   |   1 Answer
You need to bring a suit against your neighbor to quite the title to your land.  
You need to bring a suit against your neighbor to quite the title to your land.  

Do I have rights if my pre approval letter was not correct by no fault of my own?

Answered 11 years and a month ago by attorney Donald Eby   |   1 Answer
If you want the lenders money you have to play by the lenders rules.  Either comply or find a new lender.  
If you want the lenders money you have to play by the lenders rules.  Either comply or find a new lender.  

We live on a golf course. Our HOA states that a golfer may climb a fence and come on to our property to retrieve a golf ball.

Answered 11 years and a month ago by attorney Donald Eby   |   1 Answer
If the HOA bylaws originally contained this clause or they were properly amended to reflect this then it is enforceable. You'll need to do some research into the HOA Bylaws to properly answer your question.   Good Luck!
If the HOA bylaws originally contained this clause or they were properly amended to reflect this then it is enforceable. You'll need to do some... Read More

can a landlord end a lease because house is selling?

Answered 11 years and a month ago by attorney Donald Eby   |   1 Answer
No the landlord cannot terminate a lease agreement early so that he may sell the home unoccupied.
No the landlord cannot terminate a lease agreement early so that he may sell the home unoccupied.

mold cases

Answered 11 years and a month ago by attorney Donald Eby   |   1 Answer
You may want to consult with a personal injury attorney regarding suing your landlord for damages resulting from your health problems.  
You may want to consult with a personal injury attorney regarding suing your landlord for damages resulting from your health problems.  

can negotiations to sell real estate be enforced?

Answered 11 years and a month ago by attorney Donald Eby   |   1 Answer
If you have a contract it can be enforced.  If your brother is bringing suit to Partition the property you will likely get a chance to purchase at the end of the judicial proceedings, but at what price?   You should consult a local attorney to help you protect your rights and investment.  ... Read More
If you have a contract it can be enforced.  If your brother is bringing suit to Partition the property you will likely get a chance to purchase... Read More

a couple (not married), own a house togeather, split up. what rights do each have?

Answered 11 years and 2 months ago by attorney Donald Eby   |   1 Answer
There are many issues her such as common-law marriage and does the mobile home consist of soley the mobile home itself or is there real estate involved? Based on the Quitclaim Deed, whatever the woman owned at the time of the quitclaim, he now owns half.   You should consult an attorney to deal with this issue.  ... Read More
There are many issues her such as common-law marriage and does the mobile home consist of soley the mobile home itself or is there real estate... Read More

can a landlord proform a lease termination on a month to month by emailing you have 30 days in colorado

Answered 11 years and 2 months ago by attorney Donald Eby   |   1 Answer
If you are truly in a month to mont tenancy your landlord only has to give you 7 days notice.  Is your landlords notice legally sufficient?  That is a question that will require a lot more details to answer and is beyond the scoop of this forum.   Good luck!
If you are truly in a month to mont tenancy your landlord only has to give you 7 days notice.  Is your landlords notice legally sufficient?... Read More

I am finishing my basement. I recently found out that I need a building permit. What happens when I get the permit and the inspector comes out.

Answered 11 years and 2 months ago by attorney Donald Eby   |   1 Answer
You should get a permit and get the basement inspected sooner than later.  It will only get more expensive after the basement is finished. An inspector will come out and you will have to prove that the improvements have been made to code.  If you do't do this you will have a problem when you are ready to sell the property.     Good Luck.  ... Read More
You should get a permit and get the basement inspected sooner than later.  It will only get more expensive after the basement is finished. An... Read More

When a parent gives money to purchase a house for his son and daughter in law, when house is sold, does parent have legal rights ?

Answered 11 years and 2 months ago by attorney Donald Eby   |   1 Answer
Parents have legal rights if he or she is an owner or if there is a contract (even a verbal contract) wherein parent would be repaid.  Otherwise this money was a gift and parents have no right to now expect to be repaid.     Good Luck!
Parents have legal rights if he or she is an owner or if there is a contract (even a verbal contract) wherein parent would be repaid.  Otherwise... Read More

can a 6% transaction fee be a seller consession to buyer with no Agents involved

Answered 11 years and 3 months ago by attorney Donald Eby   |   1 Answer
You are correct selling the condo at a lower price will create a lower value comparable for future sales.  There is nothing wrong with crediting the buyer with an amount at closing to cover his closing costs and/or expected repair costs. Good luck!
You are correct selling the condo at a lower price will create a lower value comparable for future sales.  There is nothing wrong with crediting... Read More

can an HOA govern what type of flooring gets put into your home (condo) if the condo is soley owned by me

Answered 11 years and 3 months ago by attorney Donald Eby   |   1 Answer
The HOA may be able to enforce this rule.  It depends on whether it was properly created.  As you discussed the HOA has a responsibility to enforce the rules fairly, not abritarily or by singling out one individual.   The only way to really get to the bottom of this is to hire an attorney to spend time reviewing the HOA documents. Good luck!... Read More
The HOA may be able to enforce this rule.  It depends on whether it was properly created.  As you discussed the HOA has a responsibility to... Read More

Can a HOA be created and dues owed after 9 years of no HOA?

Answered 11 years and 3 months ago by attorney Donald Eby   |   1 Answer
If there was no HOA or your property was not subject to the HOA rules, the HOA cannot now demand fees for the past. You should have an attorney review the facts of your issue and audit the HOA. Let me know if I can help you further. Don Eby
If there was no HOA or your property was not subject to the HOA rules, the HOA cannot now demand fees for the past. You should have an attorney... Read More

How to add names to an exzisting title of property

Answered 11 years and 3 months ago by attorney Donald Eby   |   1 Answer
A Quit Claim Deed is fairly simple.  However, this is a legal document and you likely have a significant amount of equity in that cabin.  Also, the lender may not allow the property to transfer via Quit Claim Deed without calling the loan due. But, if the property is not in your name you need to take action soon as it appears you have no ownership interest remaining!... Read More
A Quit Claim Deed is fairly simple.  However, this is a legal document and you likely have a significant amount of equity in that cabin.... Read More
Residential Real Estate
Colorado

Helpful Resources