Legal Question in Real Estate Law in Colorado

My spouse and I bought a condo in Mexico at Estrella del Mar (EDM) from a US company, Club Acquisition, Aurora, CO. in late 2007. They did not disclose to us that the only road to access the property had legal issues between a neighboring town, (where most of the employees at the resort work) and the state. Some friends of ours were headed to our condo last Thanksgiving and the driver of the EDM van knowingly drove them into a road block and hostage situation where they were held by angry people with machetes for a couple hours. The driver (an employee of EDM) would not get them out because he was part of the road block group. We sent an email to Pat Butler, owner of EDM & Club Acquisition demanding he buy our unit back based on nondisclosure, and his refusal to fire multiple employees of EDM involved in terrorizing our guests. (I can provide our email and his response.) Can we force him to buy back our unit? Thank you very much.

Shane & Renee Kokoszka


Asked on 2/20/11, 9:25 am

1 Answer from Attorneys

Robert Murillo Pivotal Legal Ltd.

An attorney will need to review all the disclosure and contract documents to have an idea of your rights. The answer depends on the terms, the applicable law, the dispute resolution terms, other facts, so on. Provide the documents (not just an email and your response) and get advice. Depending on the documents and other facts, you may have various rights. Moreover, and this is based on ample experience, these companies do not respond without the threat of litigation.

Contact an attorney as soon as possible. Also, it is always a bad idea to put the real names of the parties in a question that is readily seen by the public. It does not add relevant information and only opens you up to possible liability.

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Answered on 2/20/11, 7:58 pm


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