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Buying Property Anonymously

Purchasing Property Anonymously Webcast 5/1/19: Buying a Property Anonymously. It’s not unusual for Commercial Buyers to want to purchase anonymously, and it’s not uncommon in Residential transactions either! We explore the motives behind incognito purchases, options for accomplishing them, and look at how they affect the transaction.

General Warranty Deed versus Special Warranty Deed

General Warranty Deed versus Special Warranty Deed In addition to the choice of deed (between general warranty and special warranty), there are three other factors that strongly influence the buyers’ and sellers’ risk factors: (1) The style of the exceptions to the warranties; (2) the features of the sellers’ existing title insurance; and (3) the … Continue Reading

No Oil Development Restrictive Covenant

The restrictive covenant on my property that says ‘no oil/gas drilling allowed’ means no one can develop the minerals under my property, right? Not exactly. Buyers of Colorado real estate often mistakenly rest easy knowing their property is subject to a restrictive covenant disallowing oil and gas development (referred to herein as a ‘no oil … Continue Reading

FJGG Now Offering Mediation Services

In addition to offering our clients’ assistance with multiple areas of law and legal services, the law firm of Frascona, Joiner, Goodman and Greenstein, P.C. (“FJGG”) is now also offering mediation services for various types of disputes.

Common Law Marriage in Colorado

Co-Author: Brittaney McGinnis How Do You Get Married in Colorado? There are two ways in Colorado to be married: common law marriage and by obtaining a marriage license certificate. Same sex couples or heterosexual couples can be married by license or they can be common law married. Common law marriage is an often misunderstood concept. … Continue Reading

Who is a “foreign person” under FIRPTA?

The sale of an interest in real property within the United States by a “foreign person” is subject to tax liability under Foreign Investment in Real Property Tax Act of 1980 (FIRPTA). FIRPTA authorized the United States to tax foreign persons on dispositions of U.S. real property interests. Generally, any buyer of real property from … Continue Reading

Option for Buyer to “Hold” or “Fold” (but not renegotiate) on Inspection Issues

Options for Buyer on Inspection Issues in the 2019 Colorado Real Estate Contract.   Under the pre-2019 contract, the buyer had three basic options if the Buyer discovered property condition problems: (1) Do nothing and accept the condition of the property subject to the flaws; (2) Submit an objection and attempt to negotiate a change; … Continue Reading

HOA Liens Are Not Spurious

HOA liens are not spurious, even if annexation is disputed The Colorado Court of Appeals has ruled that a homeowner association lien is not spurious, despite a property owner’s claim that its land was never annexed properly. The case involved a long-running dispute between parties in the Stroh Ranch community in Parker, Colorado. In 1999, … Continue Reading

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