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I am a renter in Durango, CO. I recently moved into a house

Hello,My name is ***** ***** I am a renter in Durango, CO. I recently moved into a house that is run off of solar energy. Before signing the lease the landlord assured us that we would have plenty of electricity and hot water, and that for days when the sun was not strong that the generator he installed would get us by. It turns out that the solar panels do not provide enough energy to even run basic appliances (electric kettle, crockpot) and when the batteries die the generator cannot put out enough power to keep the lights on for more than a few minutes. Additionally, if the solar hot water heater is left on during the day then there is no power by the time I return home for the evening. So either we have barely enough energy to keep the lights and refrigerator on and no hot water, or we have hot water and no electricity. I would like to know if this deems the home as uninhabitable per the following section of the Colorado Landlord and Tenant Duties.§ 38-12-505. Uninhabitable residential premises(c) Running water and reasonable amounts of hot water at all times furnished to appropriate fixtures and connected to a sewage disposal system approved under applicable law;(e) Electrical lighting, with wiring and electrical equipment that conformed to applicable law at the time of installation, maintained in good working order;

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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My mother sold her home last year. The buyers of the home

My mother sold her home last year. The buyers of the home had a problem with the sewer backing up and discovered that it it needed 12 more feet installed to be up to code. They also discovered the home that has 3 bedrooms. Is actually only a 2 bedroom on paper. The 3Rd was created by installing a wall and closet in the rec room upstairs.some years after my mom and late husband had the home built.My mom was unaware that the sewer was not up to code or that the bedroom was not permitted and officially changef to a 3 bedroom as her husband handled these things. The buyers are now sueing my mom for the cost of the sewer fix and the difference they feel between what they paid for the home sold as a 3 bedroom and what it's really worth as a 2 bedroom. In their opinion along with attorneys fees. $90.000 is what they want. Stating my.mom sold them something and was being intentionally deceiteful. My mom.has told them she was unaware of the sewer and offering to pay for correcting that. They never had issues with tje sewer. Beyond that she doesn't feel she has any other liability. Does she?Please advise....

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Samuel-II

Attorney

Doctoral Degree

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I just bought a house from an owner/RE Agent. I did not opt

I just bought a house from an owner/RE Agent. I did not opt to hire a home inspector but did the inspection because the home had a new roof, HVAC, all new flooring, inside paint, all new appliances, hot water heater (everything), new bath fixtures and ceiling fans. It was flawless inside and out. I received a Georgia :Seller's Property Disclosure Statement completed and signed by the owner agent. The property is a rental and my new tenant's family of four moved in the day of closing. Four days after closing, my tenant called and said the washer draining is backing up to the clothes washer. The property has a septic system for all water related appliances except the washer. It has its own drain system, probably some sort of drain field. I called my Septic/drain expert who says the drain is not adequate and deeps a properly sized drain system. I am contracting him to install the $ 1,500 125 Gallon drain and filter system. He has a solid reputation and came recommended by my Realtor. Here is the problem: The seller noted on the Disclosure under the question "Are there any leaks, backups, or other similar problems with any portion of the plumbing, water or sewage systems?" His answer was no. I believe he is liable for some part or all of the $ 1500 fix. What is your legal opinion of my best approach or rights in this situation? If he had answered "I don't know", I would have made a different decision about that part of an inspection. As a Colorado RE Broker myself for many years and a commercial RE bank senior executive, I believe the owner agent should have known the consequences of his answer(s) on the disclosure. I think the Georgia Real Estate licensing authority would see it my way as well if I ask for an investigation on the transaction. Your opinion please. Thanks

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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45,488 satisfied customers
I just bought a house from an owner/RE Agent. I did not opt

I just bought a house from an owner/RE Agent. I did not opt to hire a home inspector but did the inspection because the home had a new roof, HVAC, all new flooring, inside paint, all new appliances, hot water heater (everything), new bath fixtures and ceiling fans. It was flawless inside and out. I received a Georgia :Seller's Property Disclosure Statement completed and signed by the owner agent. The property is a rental and my new tenant's family of four moved in the day of closing. Four days after closing, my tenant called and said the washer draining is backing up to the washer. The property has a septic system for all water related appliances except the washer. It has its own drain system, probably some sort of drain field. I called my Septic/drain expert who says the drain is not adequate and deeps a properly sized drain system. I am contracting him to install the $ 1,500 125 Gallon drain and filter system. He has a solid reputation and came recommended by my Realtor. Here is the problem: The seller noted on the Disclosure under the question "Are there any leaks, backups, or other similar problems with any portion of the plumbing, water or sewage systems?" His answer was no. I believe he is liable for some part or all of the $ 1500 fix. What is your legal opinion of my best approach or rights in this situation?

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RealEstateAnswer

Juris Doctor

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I just refinanced with Sunwest. I made the first payment a

I just refinanced with Sunwest. I made the first payment a month ago. The 2nd statement they're charging me $31 sewage bill plus a $15 special assessment fee. None of these were included in my paperwork, only mortgage, property tax, and homeowners ins. Can they just add these additional fees now that i'm a new customer?

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AttyHeather

Attorney

Juris Doctorate

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604 satisfied customers
I own a Condo which is an end unit. The unit is right next

I own a Condo which is an end unit. The unit is right next to the sump pump. On April 19th I noticed an odd smell inside my unit and outside. Smelled like sewage and a very foul odor. I notified the HOA and management company of this on 04/20.It is now 06/8 and the smell is still there and the repairs have not been completed.To my knowledge, the HOA management company sat on this complaint for some time on May 13th, the manager finally spoke with someone after I told her I would call our plumbing company directly if she was not getting anywhere.this is when the estimates and repairs started to take place.Is there some sort of legalities to the HOA management company working to fix a sanitation and heath problem like this? thank you!Suzie

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legalgems

Juris Doctorate

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12,848 satisfied customers
When we rented a home it had a fridge that we did not need.

When we rented a home it had a fridge that we did not need. The LL gave us verbal permission to use our fridge instead of his. When we removed it he asked us to leave it out front and he would come by an pick it up as he lives 4 door down. I had to leave and asked my daughter to watch the fridge out front and informed her Marty would be picking it up. I also notified Marty via text that the fridge was out front to which he replied he would be right there. As it happens someone else came by and started grabbing the fridge. My daughter approached the man and asked him if he was Marty, to which he replied yes. she then said ok and went back inside. 4 hours later when Marty actually came by he asked about the fridge. My daughter gave him a description of the person the took it and he replied that he thinks he knows who it was. This was three years ago. My lease ended 1 year ago and I have been on a month to month lease since. I heard nothing about this fridge until today as tomorrow is my last day in the house. Am i obligated to replace the fridge when nothing has been said about it for 3 years and nothing mentioning appliances is mentioned in the original lease?JA: OK. The Real Estate Lawyer will need to help you with this. Because laws vary from state to state, could you tell me what state is this in?Customer: MissouriJA: Have you consulted a lawyer yet?Customer: No just found out about this an hour agoJA: Is there anything else the Real Estate Lawyer should be aware of?Customer: No have been great lessee, never late on payment and have personally made 10K worth of improvements to the property at my own expense.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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45,488 satisfied customers
Good morning, I bought a house in 2011. On the purchase

Good morning,I bought a house in 2011. On the purchase agreement, the seller did mention the following " have noticed possible back-up smell in basement on few occasion".In 2014, i learnt the seller of the house was suing the first owner for these smell in the basement. So, while the seller has been noticed as possible smell in few occasions to me, he was actually sewing the previous owner for that same exact thing. in 2014, i have been requested to testify in that case as a witness. I testified there was no smell, and an audit from a contractor confirmed there was no issue with the sewage connection.Nevertheless the seller obtained reparation from the first owner on court.Can i pursue the seller for selling me a house he new has defective features without disclosing that he was suing the first owner to his own profit?Thank you

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KimberlyLaw

Principal Attorney

Master's Degree

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3,892 satisfied customers
If the home purchase contract allowed to take occupancy

If the home purchase contract allowed for buyer to take occupancy early and the dishwasher breaks 4 days after the buyers move in, but before they close, who is responsible for fixing it?Inspection report has been completed and it stated dishwasher in working order. We have also completed an addendum as a result of the inspection.FROM OFFER:E. EQUIPMENT CONDITION AND INSPECTION: Purchaser agrees to accept the Property at settlement in its physical condition atthe time the Date of Ratification, except as otherwise provided herein. Seller warrants that all appliances, heating and coolingequipment, plumbing systems and electrical systems will be in working order at the time of Settlement or at Purchaser's occupancy,whichever occurs first. Seller agrees to deliver the Property in broom-clean condition and to exercise reasonable and ordinary care inthe maintenance and upkeep of the Property between the date this Agreement is executed by Seller and Settlement or at Purchaser'soccupancy, whichever occurs first. Seller grants to Purchaser or his representatives the right to make a pre-occupancy or presettlementinspection to verify that the condition of the Property conforms to this Agreement and to ensure that repairs, if any, havebeen completed.4. During the period of possession of the Property by Purchaser prior to settlement, Purchaser (a)shall maintain the Property in its present condition, including heating, cooling, electrical, watersupply, sewage, and mechanical systems, and appliances, (b) shall pay utility charges applicableto the Property during the period, and (c) shall not make any alterations to the Property without theadvance written consent of the Seller. Any personal property kept on the Property by Purchasershall be at Purchaser's risk.10. The parties acknowledge that this Agreement is not subject to landlord-tenant law. This Agreementshall not amend or supersede any of the respective rights and obligations of the parties under theAgreement, other than such rights and obligations specifically described in this Agreement.Property is located in Virginia

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Lucy, Esq.

Juris Doctor

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