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Colorado Residential Real Estate Legal Questions

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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 3
Do you have any Colorado Residential Real Estate questions page 3 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

will a quitdeed affect my credit or my ability to buy another property

Answered 11 years and 3 months ago by attorney Donald Eby   |   1 Answer
No a Quit Claim Deed will not affect your credit and aside from reducing your assets will not affect your ability to purchase another property.  
No a Quit Claim Deed will not affect your credit and aside from reducing your assets will not affect your ability to purchase another property.  

Can I get judgments removed on my home from creditors?

Answered 11 years and 3 months ago by attorney Donald Eby   |   1 Answer
Yes, you can settle and have any liens removed.     If your home is being foreclosed upon you should consult and attorney to discuss your specific facts and determine your best course of action.  
Yes, you can settle and have any liens removed.     If your home is being foreclosed upon you should consult and attorney to discuss your... Read More

What do I do when I sign a lease for a place advertised as move in ready and it is anything but the case?

Answered 11 years and 3 months ago by attorney Donald Eby   |   1 Answer
You likely have two options, negotiate your way out of the lease or leave and be prepared to pay the lease until the landlord finds someone else to rent the property.  Unless you can perfect your warranty of habitability based on lack of heat, water leaks, hot water, broken windows etc.   Good luck!... Read More
You likely have two options, negotiate your way out of the lease or leave and be prepared to pay the lease until the landlord finds someone else to... Read More

SELLING HOUSE. MY NAME ONLY ON ALL PAPERWORK. AM MARRIED. IN CO. DOES THIS POSE A PROBLEM. AS FAR AS WIFE BEING INVOLVED.

Answered 11 years and 4 months ago by attorney Donald Eby   |   1 Answer
I do not expect that your wife will need to be present.  If for some reason she is needed this could be satisfied by a Power of Attorney or by mailing her the document to sign in NV. Good luck!
I do not expect that your wife will need to be present.  If for some reason she is needed this could be satisfied by a Power of Attorney or by... Read More

At a Members Meeting of an HOA, can homeowners make motions on certain issues and ask for a vote?

Answered 11 years and 4 months ago by attorney Donald Eby   |   1 Answer
It depends on the By-Laws of your HOA.  Most HOA's allow members limited control which is to elect or even replace the Board of Directors.  It is likely that if you want to replace the board members outside of the annual meeting held for that purpose you will have to obtain signatures from a sufficient amount of members to demand a special meeting of the Board with an agenda item of a recall election. If you are not familure with the process you will be well advised to contact an attorney who can lead you through the process.     Good Luck!... Read More
It depends on the By-Laws of your HOA.  Most HOA's allow members limited control which is to elect or even replace the Board of Directors.... Read More

What action can be taken against an HOA that is not consistent in code enforcement

Answered 11 years and 4 months ago by attorney Donald Eby   |   1 Answer
Your HOA has a duty to enforce the convenants fairly.  If your HOA is not treating you in the same manner as other owners you may have to so the HOA to force it to function properly. You may want to discuss your factuals with an attorney to determine if your have a case which should be brought forward and if you want to hire an attorney to assist you. ... Read More
Your HOA has a duty to enforce the convenants fairly.  If your HOA is not treating you in the same manner as other owners you may have to so the... Read More

Does an HOA have to tell on a status letter if there is a violation pending on a house?

Answered 11 years and 4 months ago by attorney Donald Eby   |   1 Answer
It is possible that the HOA will have some liability here, but it is more likely that your seller has liability for failing to disclose. You should consider consulting an attorney in person to discuss the specific facts of your situation and determine if it is in your best interest to hire an attorney to represent you.... Read More
It is possible that the HOA will have some liability here, but it is more likely that your seller has liability for failing to disclose. You should... Read More

Can a HOA require all home owners to repair/replace their aluminum wiring

Answered 11 years and 4 months ago by attorney Donald Eby   |   1 Answer
The answer to your question lies in the bylaws of your HOA.  Is it possible that it is within the power of the HOA, yes. However, usually in these types is scenarios the HOA will hire the work to be done and impose a special assessment to pay for the work. You should consider hiring an attorney if you think your HOA is exceeding its authority. ... Read More
The answer to your question lies in the bylaws of your HOA.  Is it possible that it is within the power of the HOA, yes. However, usually in... Read More

What am I responsible for if anything if the log home we sold in May is now leaking?

Answered 11 years and 5 months ago by attorney Donald Eby   |   1 Answer
They can sue you.  You should consult an attorney ASAP. The issue here is can the buyer prove that you withheld knowledge of a known material defect?  From your facts you disclosed the leak, so the buyer completed the purchase with knowledge and you therefore should have a viable defense.  But, the buyer is likely to bring a suit for many thousands of dollars and you'll have to defend it.  You may be better off hiring an attorney to stop this process before litigation is commenced. Buyer's who discover major expenses after the purchase generally are anxious to sue someone, i.e. the seller to cover the costs of these repairs.   Good Luck!... Read More
They can sue you.  You should consult an attorney ASAP. The issue here is can the buyer prove that you withheld knowledge of a known material... Read More

If I live in a home for 6 years, rent for 3, can I move back in, sell and take advantage of the 55+ rule?

Answered 11 years and 5 months ago by attorney Donald Eby   |   1 Answer
I think the rule that you are referring to is that you must live in the home 2 of the last 5 years to sell the home and claim as a sell of your residence for tax purposes.    Good Luck!
I think the rule that you are referring to is that you must live in the home 2 of the last 5 years to sell the home and claim as a sell of your... Read More

how long does a landlord have to fix a furnace for a disabled tenant who has paid in advance 6 months on the rent?

Answered 11 years and 5 months ago by attorney Donald Eby   |   1 Answer
Unfortunately, your remedy is to move and demand a fund of your unused rent with a claim of constructive eviction and breach of the warranty of habitability.  You will have to perfect your defense of Warranty of Habitability with written demands.  This is a fairly technical process so if you are not familiar you may want to consider hiring an attorney to assist.   Good Luck!... Read More
Unfortunately, your remedy is to move and demand a fund of your unused rent with a claim of constructive eviction and breach of the warranty of... Read More

What can a homeowner do if a HOA's negligence has caused interior damage to their home?

Answered 11 years and 6 months ago by attorney Donald Eby   |   1 Answer
If you can prove that "but for" the negligence of the HOA your home would not have been damaged then you can win a suit against your HOA and force them to pay for the repairs.  The likelihood is your HOA has negligence insurance. You should consider contacting an attorney to evaluate your case and help you to resolve the issue.  ... Read More
If you can prove that "but for" the negligence of the HOA your home would not have been damaged then you can win a suit against your HOA and force... Read More

Colorado.Purch townhome 11/25/13. HOA financial statement (09/13)showing reserves $136k. Assoc is now -400k due to deductable f/storm 08/2013 storm.

Answered 11 years and 6 months ago by attorney Donald Eby   |   1 Answer
The disclosure may or may not have been known at the time of the disclosure.  So long as the HOA was not dishonest in its disclosure they are protected. The HOA has recourse against the roofers.  You may have a claim against your HOA for collusion or fraud but this will take some investigation to determine.  Can you get a group of homeowners together to split the cost of the suit against the HOA?  Good luck!... Read More
The disclosure may or may not have been known at the time of the disclosure.  So long as the HOA was not dishonest in its disclosure they are... Read More

Seller's did not disclose flooding of ditch that property backs too. Basement has evidence of moisture damage and need mitigation for mold.

Answered 11 years and 7 months ago by attorney Donald Eby   |   1 Answer
If you can prove that your seller had actual knowledge of the flooding danger then you may have a case for damages and reduced property value.  I recommend contacting an attorney to discuss the specific facts of your situation and to decide the best way for you to move forward.   Good luck!... Read More
If you can prove that your seller had actual knowledge of the flooding danger then you may have a case for damages and reduced property value.... Read More

If you advertise a home with a basement bedroom does that bedroom have to have a special window to climb out of? The home was built in 1960 .

Answered 11 years and 7 months ago by attorney Donald Eby   |   1 Answer
This will depend on the county or city building codes. 
This will depend on the county or city building codes. 

can I fight this eviction

Answered 11 years and 7 months ago by attorney Donald Eby   |   1 Answer
Yes, you can fight this overbearing landlord.  Hopefully your lease allows you to recover attorney fees when you defeat her eviction complaint. You should contact an attorney as it does not seem that your landlord knows what she is doing with regard to legally evicting a tenant. Good Luck!... Read More
Yes, you can fight this overbearing landlord.  Hopefully your lease allows you to recover attorney fees when you defeat her eviction... Read More

What are covenant Statute of Limitations (SoLs) for HOAs that are not subject to the CCIOA (C.R.S. 38-33.3)?

Answered 11 years and 7 months ago by attorney Donald Eby   |   1 Answer
Yes statute of limitations do apply outside of CCIOA, the duration depends upon the issue. 
Yes statute of limitations do apply outside of CCIOA, the duration depends upon the issue. 

Can HOA fine me or pursue legal action against me for smoking cigarretts outside on my own patio?

Answered 11 years and 7 months ago by attorney Donald Eby   |   1 Answer
Unfortunately, the answer to your question can only be determined after a review of your HOA bylaws.   If you intend to fight this you should give consideration to hiring an attorney to represent you through the hearing and possible appeal process.     Good Luck,
Unfortunately, the answer to your question can only be determined after a review of your HOA bylaws.   If you intend to fight this you should... Read More

I have a renter claiming my house is uninhabitable without an inspection stating that fact. We are currently re-roofing, and need some advice.

Answered 11 years and 8 months ago by attorney Donald Eby   |   1 Answer
The tenant's warranty of habitability defense is only perfected if you fail to make repairs in a reasonable amount of time.   Continue the repairs to the roof then fix the sheetrock.  If tenant abandons sue for damages.     Good luck!
The tenant's warranty of habitability defense is only perfected if you fail to make repairs in a reasonable amount of time.   Continue the... Read More

To file small claims case in weld co, do I have to drive the the court house?

Answered 11 years and 8 months ago by attorney Donald Eby   |   1 Answer
If you are not an attorney you'll have to either personally deliver the documents to the clerk or mail the documents.  I assume all small claims cases are handled by physical documents delivered to the clerk.     If you have a security deposit issue you may want to consider hiring an attorney to handle this for you, by statute the attorney's fee can be recovered from the landlord.  ... Read More
If you are not an attorney you'll have to either personally deliver the documents to the clerk or mail the documents.  I assume all small claims... Read More

Do I have to sell my house to the investor that I signed an residential Lease Agreement with Purchase Option.

Answered 11 years and 8 months ago by attorney Donald Eby   |   1 Answer
Has the optionor demanded a closing date?  Has he in any other way breached the agreement? Does the agreement provide any other means of your canceling the option? I recommend that you contact an attorney to discuss this issue and examine the documents.   Good Luck!
Has the optionor demanded a closing date?  Has he in any other way breached the agreement? Does the agreement provide any other means of your... Read More

Can I dispute complaints I receive from my HOA on behalf of other tenants?

Answered 11 years and 8 months ago by attorney Donald Eby   |   1 Answer
If your HOA is bringing complaints to you from other members of the HOA not only can you dispute the complaints but you should.  The next step for the HOA is fining you for the issues.  
If your HOA is bringing complaints to you from other members of the HOA not only can you dispute the complaints but you should.  The next step... Read More

Home inspection vs. rehab proposal

Answered 11 years and 9 months ago by attorney Donald Eby   |   1 Answer
You primary question is can you keep the earnest money.  Possibly, that will depend upon the language in the purchase contract. As for the request for $7000, this is up to you to accept or deny or negotiate.  The buyer cannot force you to accept this but if you don't the buyer may have a right to cancel the contract.   You should contact an attorney and schedule a consultation to review the facts and your contract.  ... Read More
You primary question is can you keep the earnest money.  Possibly, that will depend upon the language in the purchase contract. As for the... Read More

closure delayed

Answered 11 years and 9 months ago by attorney Donald Eby   |   1 Answer
I hope you are using a reputable title company.  The idea of signing prior to your buyers is not unusual.  And if the Buyer's fail to close you still own the property.  
I hope you are using a reputable title company.  The idea of signing prior to your buyers is not unusual.  And if the Buyer's fail to close... Read More

My husband and I bought a house, he has left the state and not coming back.

Answered 11 years and 9 months ago by attorney Donald Eby   |   1 Answer
Your question cannot be answered without evaluating the ownership of the home and the Lease itself. However, it is likely that your tenant has a right to maintain the tenancy unless they breach the agreement.   You should consult an attorney.   Good Luck!
Your question cannot be answered without evaluating the ownership of the home and the Lease itself. However, it is likely that your tenant has a... Read More
Residential Real Estate
Colorado

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