Builder Contracts in an Appreciating Market 3/30/16: Builder Contracts in an Appreciating Market. Inventory is extremely low in some markets and demand is returning for new homes. Learn (1) how the contracts from production builders don’t provide a meaningful remedy for builder defaults in an appreciating market; (2) what you can do about it; and … Continue Reading
Partition Actions: Remedies for Sour Relationships Between Property Co-owners Question: I own a rental property with a friend, but we’re locked in disagreement on what to do with the property or whether to sell it. What legal remedies do I have? Answer: Many people acquire investment properties with friends with only the best intentions, but … Continue Reading
2/21/16: Escalation Clauses – A Lawyer’s Dream. In markets with shortages of inventory, buyers know that they must aggressively compete for the right properties. Yet purchasers do not want to pay any more than is absolutely necessary to buy the property. Purchasers sometimes submit “escalation” clauses in an attempt to tie up the property without … Continue Reading
Co-Author: Michael Smeenk, Esq. When Can an Attorney Testify in a Will Contest Proceeding? Many people have wills in place when they die to ensure there is a proper roadmap for distribution of their assets upon death, consistent with their intentions and wishes. Sometimes a person (the “testator”) wishes to change their will in the … Continue Reading
Gay and lesbian, (same sex marriages) couples face unique challenges concerning awards of maintenance (alimony) in Colorado courts. Co-Author: Sylvia Brownfield, Esq. The US Supreme Court legalized gay marriage in the landmark 2015 decision Obergefell v. Hodges. If a same sex couple applied for a marriage license after the Obergefell v. Hodges decision, the date … Continue Reading
Does a Sale Affect a Tenant’s Lease? 1/25/2016: When a tenant leases a property for a term, a tenant expects to have the right to use the space for the whole term. If the original landlord sells the building, does the new landlord have the right to terminate the lease? Learn the answer by watching … Continue Reading
Buyer Defaults Just Before Closing 11/30/2015: Even when a contract clearly spells out the consequences of a buyer defaulting on a contract, it may not be practical for the seller to enforce the consequence. Consider the seller whose buyer needs a week extension to get the loan to close. If the contract does not have … Continue Reading
TRID Disclosures 11/28/2015: The conventional wisdom is that the new TRID regulations will make buyer loan approvals more precarious. Additions to contract language which call for an automatic one-time extension for TRID motivated problems are a partial solution. Learn about the options and how to effectively use them.
Boring but True: Four Rules on the Documentation of Employee Discipline Few things are less flashy than the process of creating a detailed personnel file including reports on disciplinary action taken against an employee. This is especially true when the documents and reports sometimes disappear forever into a filing cabinet or drawer, never to be … Continue Reading
On November 6, 2012, Colorado voters approved Amendment 64, which made it legal under state law for those over age 21 to possess, use, manufacture, and commercially sell marijuana. Amendment 64 was codified in Article XVIII, Section 16 of the state constitution. However, marijuana remains illegal as a “schedule 1” controlled substance under the federal … Continue Reading
