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Types of Real Estate & Landlord-Tenant Law Cases

Buying & Selling Real Estate

Commercial Leases

Eviction & Landlord-Tenant

Homeowners Association

Mechanic's Lien

Property Ownership Disputes

Zoning, Land Use and Boundaries

Real Estate Resources

HOA Foreclosure Defense

Litigation, Homeowners AssociationAttorney: Kristoffer Wathne, Geanne Moroye

April 7, 2022 – Currently, Colorado homeowners’ associations have the power to foreclosure on homeowners if they fall behind on their dues or other fees. The state legislature has taken up the issue as it makes national headlines. In this case, we helped a homeowner who was facing his own HOA foreclosure.

Our client’s HOA had filed a foreclosure lawsuit against our client because of outstanding HOA dues. Our Litigation Team successfully negotiated a settlement to dismiss the foreclosure case, and the client entered into a payment plan with the HOA.

Obtained $60,000 Judgment for Client

Real Estate, LitigationAttorney: Kory Edmark, Joe Novak

March 26, 2022 – When you hire someone to do work on your home, you expect the project to be completed on time and to your satisfaction. You don’t count on the contractor to just stop showing up. Unfortunately, that happened to our client.

In this case, a homeowner reached out for our Litigation Team’s help after the contractor abandoned the job. Our client terminated the contract with the contractor, but the contractor refused to return a large sum of money they received for work that was incomplete.

Our attorneys obtained a judgment in excess of $60,000, which includes attorneys fees and court costs, against the contractor.

Recovered Unpaid Debt at Foreclosure Sale

Real EstateAttorney: Angie Schmitz, Tristan Younghaus

February 28, 2022 – Foreclosure sales are usually the last resort people use to recover an unpaid debt. That was the case for this client who sold their mom-and-pop business and financed the sale. The buyers of the business agreed to make payments to our client. Then the payments ceased.

After many attempts to refinance with the buyers, our client felt they had no option but to foreclose through a public trustee. Our Litigation Team helped the client navigate what became a frustrating and complicated process mired by red tape and a last-minute bankruptcy filing by the buyers.

A judge dismissed the bankruptcy petition due to missed deadlines, which allowed our client to restart the foreclosure sale. As a result, we helped our client recover the principal, interest, and attorney fees at the foreclosure sale.

Contract Review

Buying & Selling Real EstateAttorney: Kristoffer Wathne

June 26, 2021 – The process of closing a commercial real estate deal can be very complex, from negotiating the purchase price to protecting the buyer’s or seller’s interests and minimizing risk. The Civil Litigation Team at Robinson & Henry can assist you with every step of the process.

Our client was purchasing a restaurant and two commercial building. The seller’s attorney had prepared the contracts, and our client wanted an attorney to review those contracts and advise her accordingly. Our attorneys assisted the client in negotiating terms of the contract, drafting relevant documents, and coordinating with opposing counsel and the title company to close on the transaction.

Demand Letter to HOA for Repairs

Homeowners Association, Real EstateAttorney: Boyd Rolfson

June 21, 2021 – If you’re a homeowner in Colorado, chances are that you belong to a homeowner association. A homeowner association (HOA) is an organization that makes and enforces rules and guidelines for a subdivision, planned community, or condominium building.

Because HOAs have very little governmental oversight, it is not uncommon for board members to overstep their boundaries. While litigation is often necessary when battling unwieldy HOAs, a strongly worded demand letter from an HOA litigation attorney can sometimes do the trick.

After purchasing a condo, our client found a leak and exposed pipes in the wall behind the sink. She was able to determine that the leak was coming from the unit above hers, and a remediation company repaired the resulting mold and moisture. Later, a plumber came in and found four additional leaks — all of which originated in the unit above our client’s condo. With the HOA refusing to pay mediation costs, our client was seemingly stuck with the mess.

Fortunately, our client reached out to the R&H HOA Litigation Team. Our attorneys sent a demand letter to the HOA board, which resulted in the HOA reimbursing our client for the repairs.

Drafted Quit Claim Deed

Real EstateAttorney: Kristoffer Wathne

June 7, 2021 – When a quitclaim deed is used to transfer interest in a property, the grantor “quits” any right to the property. If the quitclaim deed is ambiguous, it can cause problems. This can occur when a deed is not conveyed along with a title covenant, or a guarantee as to the validity of the title.

The Real Estate Law team at Robinson & Henry helped our client draft a quitclaim deed that was accepted by the appropriate county office. Now our client can move forward with selling his house.

Filed Mechanic’s Lien

Mechanic's LienAttorney: Stephen Whitmore

June 2, 2021 – If a client fails to pay a contractor or a subcontractor, he or she can utilize a mechanic’s lien. This means filing a legal claim against a home or other property. Filing a mechanic’s lien prevents the property owner from selling or refinancing the property.

Our litigation attorneys helped prepare and record a mechanic’s lien for a contractor who had completed more than $150,000 worth of construction work without ever getting paid. Now the property owner cannot complete any transaction on the property until our client receives the money he is rightfully owed.

Easement Review

Real EstateAttorney: Kayla A. Banzali

May 31, 2021 – An easement is a type of property right that allows one party to use another’s property for a specific purpose. Private property owners often grant easements to government entities such as utilities and municipalities. However, individuals may also have easements to access the property of a neighbor.

The existence of an easement can burden the property owner and detract from the property’s market value. This means that easement issues often arise in connection with real estate transactions and boundary disputes.

Our clients lived on property that was originally 20 acres before it was subdivided into two separate parcels, one 15 acres and the other 5. Our clients, who were living on the 5-acre parcel, retained us because their neighbors wanted to subdivide their 15-acre property. Robinson & Henry’s real estate attorneys conducted an easement review for our clients and made them aware of their options for future actions concerning the property.

Contract Review

Real EstateAttorney: Robinson & Henry

May 21, 2021- Sometimes life throws a wrench in your plans. For example, you could learn that your job is transferring you out of state after you are already under contract to build a new house. This is a tricky situation, especially if you aren’t aware of your legal options.

Our client was within 60 days of closing on her new-build house  The mortgage company then threatened not to go through with the lending because she would not be using the home as her primary residence. Our client was given 48 hours to respond to the builder’s proposal.

Within 24 hours of retaining us, our real estate attorneys were able to successfully advise the client on the risks and benefits of going through with the purchase versus negotiating walking away from contract, including possible capital gains taxes. Our client was very happy in knowing her options and that her decision to walk away was the best option for her.

Real Estate Contract Review

Buying & Selling Real EstateAttorney: Kory Edmark

May 21, 2021- Buying a home is an important milestone. However, your plans can be ruined quickly if you aren’t sure what to look out for during the purchase. In this case, our client was looking to buy a condo from a friend and wanted an attorney to handle the process.

Our real estate attorneys reviewed closing documents for the purchase and found several red flags.  Those were subsequently corrected and our client successfully closed on her new condo.

Successful Demand and Negotiation

Real EstateAttorney: Kory Edmark

May 21, 2021- Buying a home with someone you aren’t married to can be a risky move. No one wants to think about their relationship going south, but a breakup can have far-reaching implications if you owned property together without ever putting a ring on it.

In this case, our client had purchased a home with his girlfriend. After their breakup, he signed over a quit claim deed to her, but did not remove himself from the loan. He did this with the understanding that she would refinance the house in six months. However, she failed to do so, and our client was not able to obtain another home loan as a result.

Our real estate attorneys wrote a demand letter that led to the successful refinancing of the home. Now our client is able to move forward and find a new place to put down roots.

Protection Against Common-Law Marriage Claim

Real EstateAttorney: Kayla A. Banzali

May 16, 2021 – Cohabitation is a popular choice for many couples, however, this type of living arrangement has been known to prompt people to bring claims of common-law marriage when the relationship ends. When that happens, one’s personal assets are at risk of being lost.

In this matter, an individual sought our Real Estate Team’s help as they prepared to welcome their significant other into their home. Our client wanted to ensure their assets are protected from a common-law marriage claim in the future should the relationship end.

Our real estate attorneys drafted a lease agreement that included language that the significant other would have no interest in the house or a valid common-law marriage claim. As a result, our client feels confident their home and other assets are safeguarded in the future.

 

Drafted Lease Agreement

Real EstateAttorney: Kayla A. Banzali

April 29, 2021 – People living in a rental property can make all sorts of claims that may or may not be true.

In this case, attorneys from Robinson & Henry’s Real Estate team drafted a lease agreement for a client to protect their interests against assertions made under the claim of a common-law marriage.

 

Reduction in HOA Fees

Real EstateAttorney: Robinson & Henry

April 28, 2021 – Many condominium or townhouse developments require buyers to pay a monthly Homeowner’s Association fee. The fee often covers a variety of expenses from landscaping to water and sewer services.

Our client, who is disabled, lives in their condo part of the time and believed the HOA’s fees were excessive. Our team of real estate attorneys settled the case for a reduced amount saving the client money in the future.

 

 

Help for First-Time Home Buyer

Real EstateAttorney: David Hannum

April 28, 2021 – Buying a house is something many of us will do in our lifetime. Unfortunately, understanding a real estate transaction isn’t something taught in most schools. Since this may be the largest purchase first-time buyers will ever make they may feel out of their comfort zone.

In this case, our Real Estate Team answered our client’s questions about the transaction and helped them understand their contract with a real estate broker. As a result, our client had peace of mind and was prevented from making any large or costly mistakes.

Construction Defect Settlement

Real EstateAttorney: Kristoffer Wathne

April 24, 2021 – This was a failure to disclose case in which our client had a number of construction defect claims against the other party.

Our Real Estate Team negotiated on our client’s behalf, and an agreement was reached. Our client received the settlement funds from the other party so the defects could be repaired.

Commercial Lease Agreement

Business Representation, Commercial LeasesAttorney: Joe Novak

April 24, 2021 – A restaurant owner wanted to ensure they had a fair deal as they prepared to sign a new commercial property lease.

Our Business Representation Team successfully negotiated the terms of the lease for our client who can move forward with confidence about the new contract.

HOA Foreclosure Defense

Litigation, Real Estate, Homeowners AssociationAttorney: Robinson & Henry

April 22, 2021 – An individual came to us seeking help after their homeowner’s association sought to foreclose on their home to satisfy outstanding HOA fees.

Our Litigation Team negotiated with the HOA to reduce our client’s fees and develop a reasonable payback period. As a result, the foreclosure case against our client was dismissed.

Eminent Domain Issue

Real EstateAttorney: Michael J. Weicher

April 22, 2021 – An apartment building owner sought our help with an eminent domain issue. Our client wanted their tenants to be able to use an existing easement, but the building’s neighbors were opposed to it.

Our real estate attorneys successfully negotiated Easement Agreements with the uncooperative neighbors.

As a result, our client’s tenants now have unrestricted access to the existing easement. The agreement also allows our client to create a new easement so the building’s residents can turn their cars around and use the property normally.

Response to Demand Letter

Real Estate, Buying & Selling Real EstateAttorney: Kory Edmark

April 21, 2021 – An individual came to us with quite a predicament regarding some real estate they had purchased. Our client, as it turns out, purchased two lots of land – not one. This could have created a problem for our client’s loan.

The purchase contract included a legal description of the property: two lots. However, this did not match the property’s MLS listing, which described only one lot. The seller, who acted as their own real estate agent, did not catch the mistake in the legal description. And our client’s lender relied on the legal description.

Our client’s title insurance covered both plots of land. But when our client attempted to file a claim with the title company, it was hesitant to take it.

We successfully helped our client submit a claim to the title insurance company and respond to a demand letter.

Draft Deed of Trust & Promissory Note

Real EstateAttorney: Kristoffer Wathne

April 21, 2020 – A client sought help for a deed of trust. The client wished to secure a loan from their parents to help them refinance their home.

We successfully drafted a deed of trust and promissory note and recorded it with the appropriate county clerk and recorder office.

Buy-Sell Contract Review

Real Estate, Colorado For Sale By Owner Real Estate LawyerAttorney: Robinson & Henry

April 20, 2021 – A property owner sought the help of our Real Estate Team on a for sale by owner (FSBO) transaction.

Our client had received an offer to purchase their property. Since this was an FSBO, the property seller wanted to ensure the offer was legally solid. We reviewed the buyer’s offer, and our client accepted it and successfully sold the property.

Demand Letter to Tenant

Litigation, Eviction & Landlord-TenantAttorney: Robinson & Henry

April 20, 2021 – A landlord needed help with a tenant who failed to pay rent and ignored a request to take down a fence they installed that violated the HOA’s rules.

Our Litigation Team successfully pursued the tenant’s failure to pay rent and remove the fence by entering into a mutually agreeable settlement agreement.

Eviction Defense

Real Estate, Eviction & Landlord-TenantAttorney: Dylan Becker

April 17, 2021 – Facing eviction, an individual came to us looking for assistance. Our client had reported on the landlord for criminal behavior. As a result, the landlord retaliated against our client with an eviction notice.

We successfully defended the client, and the eviction action was dismissed for being frivolous. Additionally, our client was allowed to file a counterclaim to recover attorney fees from the landlord.

Contract Analysis & Negotiation

Real Estate, Contract DisputesAttorney: Robinson & Henry

April 17, 2021 – A client came to us with a contract problem. The client received a new contract that reflected a different purchase price amount than the previous contract – a larger dollar amount, in fact.

After reviewing the contracts, our lawyers successfully negotiated a new contract that reflected a discounted price.

Roof Repair by HOA

Litigation, Homeowners Association, Real EstateAttorney: Kristoffer Wathne

April 17, 2021 – When a homeowner pays their dues to the neighborhood Homeowners’ Association, they expect the HOA to fulfill its duties. In this matter, a homeowner came to us because their HOA had failed to do its job.

Our client’s roof suffered severe roof damage, and the HOA was supposed to fix it. However, the HOA board was dragging its feet on the roof repair.

After our HOA Litigation Team sent a demand letter to the HOA on behalf of our client, the HOA took action to replace the roof.

 

High-Dollar Real Estate Purchase

Real EstateAttorney: Stephen Whitmore

April 16, 2021 – An individual came to Robinson & Henry for legal guidance on the purchase of a multi-million dollar commercial office building.

Major real estate deals can be lengthy and involve unexpected complications. These types of issues were no match for our Real Estate Team which successfully advised this client through a number of delays and several modifications of the purchase and sale agreement.

 

 

 

Title Company Dispute

Litigation, Real EstateAttorney: Kayla A. Banzali

April 15, 2021 – In this matter, we successfully defended our clients in a dispute against a title company for a title issue. As a result, our clients were put in a better position to negotiate and they reached a beneficial outcome.

HOA Foreclosure Defense

Litigation, Real Estate, Homeowners Association, Foreclosure DefenseAttorney: Robinson & Henry

April 12, 2021 – An individual faced with losing their home sought help with the impending foreclosure.

The client’s Homeowner’s Association was prepared to foreclose on the home to satisfy an outstanding debt. Our HOA litigation attorneys successfully reached a stipulation with the HOA for our client to pay off their remaining balance and avoid foreclosure.

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Lease Termination

Real Estate, Eviction & Landlord-TenantAttorney: Dylan Becker

April 9, 2021 – A landlord came to R&H wanting help reclaiming a leased rental property. In this case, our Landlord-Tenant Team successfully negotiated a lease termination agreement with the landlord’s renter. As a result, our client was able to take back the property far sooner than if the lease had expired based on its terms.

Eviction

Real Estate, Eviction & Landlord-TenantAttorney: Dylan Becker

April 8, 2021 – Our client, a landlord, provided their tenant with a notice to quit. Doing so gives the renter 10 days to pay their rent or resolve the problem that is causing them to violate their lease. In this case, the tenant failed to comply with the notice to quit.

We took our client’s case to court, and we won at the hearing.

As a result, our client regained possession of their rental property.

Types of Real Estate & Landlord-Tenant Law Cases

Real estate can be a significant investment. And everything about your investment is important, from the initial transaction to any property disputes that might arise. That’s where guidance from a skilled real estate attorney comes in. Handling everything from buy/sell contracts and mechanic’s liens to boundary-line or zoning disputes and co-ownership issues, the property attorneys at Robinson & Henry will defend your rights under the law and will help ensure outcomes that are in your best interest. Our clients include buyers and sellers, landlords, tenants, real estate brokers and developers, and HOA members. Let our experience guide you—call now for an assessment.

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