Narrative Opinion Summary
In this case, the court addressed the legal status of an individual entering a property listed for sale under the Premises Liability Act (PLA). The plaintiff, Ellyn, argued that a 'For Sale' sign on a foreclosed property owned by the Federal National Mortgage Association (FNMA) and listed by Heter and Company, Inc., implied she was an invitee. However, the trial court determined that Ellyn was a trespasser as she entered without express or implied consent, ruling that the 'For Sale' sign did not constitute an invitation for public entry. Ellyn's claims were dismissed by the trial court, which did not consider her argument regarding a mutual business transaction. The appellate court limited the review to the 'For Sale' sign issue, excluding her late-raised pathway argument. The court supported its decision with precedents like Wells v. Polland and Coddington v. Federal National Mortgage Association, concluding that the sign merely invited contact with the realtor. The decision was affirmed, confirming Ellyn's status as a trespasser and upholding the trial court's interpretation of the PLA.
Legal Issues Addressed
Express Consent Requirementsubscribe to see similar legal issues
Application: Ellyn lacked express consent to enter the property, as the signage only provided contact information for arranging appointments rather than permitting unsupervised entry.
Reasoning: The trial court correctly ruled that the 'For Sale' sign did not imply an invitation for the public to enter the property, affirming that Ellyn was a trespasser.
Implied Invitation and Customsubscribe to see similar legal issues
Application: The court determined that neither custom nor layout established an implied invitation for Ellyn to enter the property, as prospective buyers were only allowed with appointments.
Reasoning: The Wells court employed an objective analysis to determine whether an implied invitation existed for public entry onto a property. Key factors considered included custom, the owner's habitual consent, public perception of the property’s use, and its layout.
Interpretation of 'For Sale' Signsubscribe to see similar legal issues
Application: The court concluded that a 'For Sale' sign does not create an implied invitation for strangers to enter private property, requiring prospective buyers to seek permission from the realtor.
Reasoning: No Colorado case has addressed whether a 'For Sale' sign provides an express or implied invitation for a person to enter a landowner's property as an invitee. It is concluded that such signs do not create an implied representation for strangers to enter private property.
Premises Liability Act (PLA) Classificationsubscribe to see similar legal issues
Application: The court determined that Ellyn's status at the time of injury was that of a trespasser, as she entered the property without express or implied consent.
Reasoning: The PLA classifies entrants as invitees, licensees, or trespassers. An invitee is defined as someone who enters land to conduct mutually beneficial business or in response to an indication from the landowner that public entry is welcome.