Legal Question in Real Estate Law in Colorado
Single Family Residence sold at Tri-Plex
A property was sold as a tri-plex in Jan 2004. In November 2004 buyer went to refinance tri-plex. Buyer's new prospective lender found out that the building dept of Denver did not recognize it as a tri-plex, but a single family home. In addition, City ordered buyer to stop renting it as a tri-plex and take out the extra kitchens.
The property was appraised as a tri-plex, sold as a tri-plex and has R3 zoning. The challeng is in the land use code it is for single family home.
1 Answer from Attorneys
Re: Single Family Residence sold at Tri-Plex
There are two areas to look at here. The first is to evaluate the liability of the seller and the seller�s real estate agent. The second area is with the city of Denver. You should determine if this is a �grandfathered� use, or whether there might be some basis to request an exemption. If the City issued a building permit and granted an occupancy certificate, there might be equitable grounds to argue that it is now estopped from objecting. An attorney more familiar with the Denver land use code can analyze the attending facts and circumstances and deal with the City accordingly and advise you whether seller may be held liable for misrepresentation.
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