The “Statute of Frauds” and Contracts Concerning Real Property Every grant or assignment of an existing trust in lands, goods, or things in action must be in writing and subscribed by the party making it or his agent lawfully authorized. If it is not in a proper writing, it is void under Colorado law. Likewise, … Continue Reading
The Use of the Inevitable Disclosure Doctrine to “Backdoor” a Noncompete Agreement in Colorado. Noncompete agreements in Colorado are generally disfavored. In fact, pursuant to statute, noncompete agreements are only supposed to be enforceable in a few limited circumstances. Specifically, noncompete agreements are supposed to be void ab initio (a fancy way of saying void … Continue Reading
Why is the Duration of an Oil and Gas Lease Confusing? The duration of an oil and gas lease is the cause of a lot of confusion – and for good reason. An oil and gas lease contains two ‘terms,’ a primary term and a secondary term. If the lease carries over from primary term … Continue Reading
Lawyers get many questions from buyers, sellers and real estate brokers during a real estate transaction and afterwards. Recently, I received questions from a homeowner about a moving company that brought up issues most people do not think of when moving. In my scenario that I have altered to protect the family, a family was … Continue Reading
Why Buyers need Title Review. 12/7/17: Why Buyers need Title Review. This webcast explores what false reasoning people might use to rationalize not using a lawyer to review the title when they purchase real estate.
Boulder’s SmartRegs’ Deadline for Owners of Rental Property The health and safety of people living in Boulder is a concern for Boulder’s government. This concern led to the enactment of its SmartRegs in 2011. These energy guidelines for rental properties in the City of Boulder are intended to reduce carbon in the atmosphere, caused by … Continue Reading
Parenting time (visitation) orders and agreements in parenting plans or stipulations are sometimes made long before children are teenagers. Or, sometimes parenting time (visitation) orders and agreements are made when children are teenagers, but things change after the divorce or custody case is over – and those orders just don’t work any more in the … Continue Reading
Service Animals in the Workplace: Considerations under the Americans with Disabilities Act and Colorado law. The federal Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination on the basis of disability. Colorado has promulgated analogous state laws. One way that these laws provide assistance to persons with disabilities is by … Continue Reading
When someone dies owning Colorado real estate, a probate administration is necessary to transfer the property, either to a buyer or to the estate beneficiaries. If the property owner died while living out of state, the type of probate proceeding necessary to transfer the Colorado real estate depends on whether a probate administration has been … Continue Reading
What should Colorado landlords and property managers know when handling a tenant’s request for an emotional support or service animal? Landlords, owners’ associations, and property managers across Colorado have been experiencing an increase in requests for accommodations for assistance animals – either a traditional “service animal” or the increasingly common “emotional support animal.” When these … Continue Reading
