When the Seller Rents Back Post-Closing for no Monthly Rent, Can There be a Security Deposit?
In Colorado, Senate Bill 23-184 provides a fairly clear answer: No.
What’s the Best Way to Handle My Rental Properties in My Estate Plan?
Co-Author: Mara B. Peterson, Esq. Using Revocable Trusts and Limited Liability Companies in Estate Planning If you are someone who owns real estate, particularly if your properties are used for rental purposes, there are many important legal and tax considerations for these properties in an estate planning context. Without proper estate planning, these assets could … Continue Reading
Owning Residential Real Property Under Common Ownership
Joint Property Ownership, Property Ownership Agreements and Partition of Real Property Owning residential real property with another person can be rewarding but also challenging or difficult in certain circumstances when property owners cannot agree on the maintenance or disposition of the property in the event of a dispute between the property owners. Outside of a … Continue Reading
Does Colorado Law Inhibit Creative Buyer-Broker Compensation?
Does CRS §12-10-301 inhibit buyers and their brokers from having creative fee arrangements? Learn why the answer to this question is “no.”
“For Cause” Evictions in Colorado
Co-Author: Caroline W. Young The Colorado General Assembly recently passed HB24-1098 (“Cause Required for Eviction of Residential Tenant”), which significantly overhauled the landscape of Colorado’s residential lease and eviction laws. In short, residential landlords are now required to offer existing tenants lease renewals on reasonable terms, subject to some statutory exceptions. When Gov. Polis signed … Continue Reading
Buyer Side Requirement of the NAR Antitrust Settlement
Learn about one of the more important practice changes for buyer-side brokers: the inability of the buyer broker to make an agreement with the buyer to accept whatever the seller side is offering. Related Webcasts: Seller Side Requirement of the NAR Antitrust Settlement Is it Time to Think about Evolving Past the Realtor® Code of … Continue Reading
Seller Side Requirement of the NAR Antitrust Settlement
Learn about removal of compensation fields in the MLS and the prohibition of using the MLS to communicate co-op amounts. Related Webcast: Is it Time to Think about Evolving Past the Realtor® Code of Ethics?
Is it Time to Think about Evolving Past the Realtor® Code of Ethics?
A portion of the Realtor® Code of Ethics provided part of the legal justification for the $1.78 billion jury verdict against the National Association of Realtors® in October of 2023. The offending language (and its accompanying case study) could be surgically removed from Article 16 of the Code. Perhaps, however, we have blind spots about … Continue Reading
My partner and I want to buy a house together, but we aren’t married.
What’s the best way for me to protect my interests? In addition to the rise of ‘fractional equity ownership’ in Colorado real estate, it seems more and more common for individuals to buy a house together absent formal marriage. In such a situation, it is advisable to enter into an agreement that sets out the … Continue Reading
Update on the Corporate Transparency Act and Recent District Court Ruling
Co-Author: John Koechel The Corporate Transparency Act (“CTA”), passed in January 2021, aims to combat money laundering, terrorist financing, and other illicit activities by requiring certain companies to disclose specific information about their beneficial owners to the Financial Crimes Enforcement Network (“FinCEN”). In response to the passage of the CTA, the National Small Business Association … Continue Reading