Colorado Residential Real Estate Legal Questions

Unfortunately, I'll need a few more facts to answer your question.  But, if you received a full price offer it is likely that if you refuse to sell your Broker will be entitled to the commission he or she would have earned had the sale closed. You may want to consult with an attorney regarding the facts of your situation and your options.   Good Luck,... Read More

Your question is to vague and broad for me to be able to answer in this forum.     However, I deal with earnest money disputes often and would be happy to represent you in this action.  I'll offer you a free half hour consultation, call my office to schedule. Don Eby 303-688-0944... Read More

You may have a claim against all those that you listed, depending upon what each of them knew but failed to disclose.  In order to assist you I would need to discuss a lot more facts than we can discuss in this forum.  If you would like a free consultation you should call me office and ask to schedule with me.   Good luck, Don Eby 303-688-0944... Read More

Your question is almost entirely dependant upon the terms of your lease.  I see leases which only allow for a small one time late fee and others that allow for a large initial late fee in addition to significant daily late fees.  Both are legal unless usury.     Good luck, Don Eby... Read More

Jerry, If we can establish that your seller knew of the defect and failed to disclose the defect which would not have been found through normal inspection.  Then you have a claim for damages against your seller.   For this kind of case you should consult an attorney where you can go over the specific details and known facts to determine whether or not you have a case.   Good Luck!  ... Read More

Unfortunately, the answer to your question depends upon the HOA not upon State law.  However, you may be afforded some protections under CCIOA.  I would be surprised if there is no way to work this out.  However, you may need to hire an attorney to defend you against your HOA's aggressive behavior. I'm in Castle Rock, I'll give you a free consultation if you want to discuss this more indepth. Don Eby 303-688-0944... Read More

The first question is who is right you or the new owner?  Should we have a survey?  Should we have a 3rd opinion?  If your landscaping is actually on someone elses property then they may decided to remove it up to the property line or allow it to say, but risk an claim of adverse possession in the future.  Or you may enter into an agreement which allows the landscaping to remain but prevents your claim of adverse possession in the future.   Good Luck!... Read More

Lori,   Your question may beyond the scope of this forum.  I recommend consulting an Attorney, many like myself, offer a free consultation. Likely all three of your names will be on the deed.  But, we should discuss what wants to happen to the property if something should happen to one of you.  The names on the loan do not have to match the names on the mortgage.  There may be tax implications and you may want to consider a 1031 exchange.  Good Luck! ... Read More

Robert, You need to consult an attorney to fully answer your question.  If you have a contract to sell land and they buyer has breached the contract by failing to pay then you have a right to sell to someone else.   I hope that helps, if you want a free consultation to discuss this in detail call my office at 303-688-0944 and ask for a consultation with Don.     Good luck!... Read More

You have listed about six different issues in your above question.  I'm not sure what you really want to know but it is clear that your issues are well beyond the scope of this online forum. However, I do offer free consultations.  This gives us a chance to have a dialogue an for me to discover the facts which are legally relevant to resolving your issues.  At the end of the consultation you will have answers about how to move forward.  If you are interested in a free consultation, please call my firm at 303-688-0944 and ask Michelle to schedule your consultation with Don Eby. ... Read More

You may well have an interest in the real estate.   But with such high stakes you should consult an attorney knowledgeble in both family law and real estate.   My firm offers a free consultation.  If you are interested in exploring the specific facts of your case call 303-688-0944 to schedule a free consultation.... Read More

You should start the eviction now.  You may have him out by the end of the month.  If he is not paying rent you are only obligated to provide a 3 day notice then begin the formal eviction process. I do evictions along the front range for a flat fee of $500 + costs in most cases.  ... Read More

When a builder builds a development it is common for him to maintain control of the HOA until a certain portion of the properties are sold.  However, even during this period the HOA has obligations to its members just like it will have once the HOA is turned over to the owners.   The HOA's responsibilities will be defined within its charter or governing documents.  These obligations can be enforced.  However, withholding rent will likely cause you more problems than it will fix.   Hope that helps.... Read More

Assuming that you are the heir to the property and your wife did not have a will that would prevent you from being named the Personal Representative of the estate, we need to get the court to officially appoint you as the Personal Representative of your wife's estate.  This will give you legal authority to handle your wife's loan with the bank. Call me we can help. Don Eby 303-688-0944... Read More

The answer to your question depends upon the terms of your agreement with the seller.  At this point your are a tenant thus, one would expect the landlord to be responsible for the repairs.  However, it is not uncommon in lease-to-own contracts for the landlord to attempt to shift that responsibility to the tenant "as the new owner." You will need to carefully review your contract, attempt to negotiate with the landlord, and likely consult with an attorney regarding the specific facts and obligations of your contract. Good luck. Don Eby... Read More

In this situation since you have not used the prepaid rent as actual rent it will be added to your security deposit and settled with the the security deposit.  If your landlord loses no days of rent then he has no damages for lost rent to claim against your deposit.  Ensure that you receive your security deposit back or an accounting within 30 or 60 days, dependant upon the terms of your lease.  Otherwise your landlord may be subject to triple damages for wrongfully withholding your security deposit.    Hope that helps. Don Eby... Read More

You landlord has 60 days to return your security deposit or provide an accounting of the amount withheld.  On day 61 he forfeits his right to retain any of the deposit and is in danger of being liable for triple the security deposit and the cost of your suit if you have to take him to court to recover your security deposit. Hope that helps. Don Eby... Read More

Your HOA is under a fiduciary duty to enforce the rules of the HOA.  You may file suit for injunctive relief which is where the Court orders a party to take or stop a specific action.  You may also file suit for punitive damages or other damages dependant upon the specific failure.  Most HOA's don't like to be sued or hire lawyers because it is expensive so filing suit can be a very effective means of getting their attention. Lastly, the CO legislature passed legislation requiring HOA's to register and to be governed by an agency being established under DORA, this to will give you more leverage in the future. I hope this helps, call me is you you would like to discuss the facts of your specific case.  Don Eby 303-688-0944... Read More