Co-author: Zakary A. Kessler The question of whether certain behavior requires a real estate license is not only a logical place to begin a presentation on real estate license law, it is an important topic for general real estate practitioners. Business brokerage is an area that frequently raises the issue of whether activity requires a … Continue Reading
Co-author: Zakary A. Kessler Colorado first passed its license law statute in 1929.(E1) This author knows of no situation where, absent harm to a consumer, a person encountered litigation or criminal prosecution for the unauthorized practice of brokerage. In the 80 plus years in which Colorado has had real estate licensing law, the annotators of the … Continue Reading
Farrah Soudani Irrevocable Special Needs Trust Press Release VOLUNTEER RAISES MORE THAN $150,000 FOR FRIEND’S DAUGHTER, CRITICALLY INJURED IN AURORA SHOOTING Money will help Farrah Soudani pay for her medical expenses and continued care WHAT: A press conference with Farrah’s mother, Heidi Soudani and Farrah’s father, Sam Soudani, to thank University of Colorado Hospital, doctors, … Continue Reading
Taking the Intimidation out of Preparing for Small Claims Court Usually people do not hire lawyers for representation in Small Claims Court – they represent themselves. Preparing for your trial can be intimidating. I have recently consulted with clients to tackle preparation for their Small Claims Court trial. You want to be ready to go … Continue Reading
What the National Mortgage Settlement Means for Colorado Homeowners The National Mortgage Settlement is an agreement between five of the largest residential mortgage loan servicers and a coalition of state attorneys general and federal agencies that resolves violations in the way the banks handled loan modifications and foreclosures. The Settlement is designed to compensate borrowers … Continue Reading
Homeowners Who Faced Foreclosure May Be Entitled to More Than $125,000 for Lender Abuses If your home was improperly foreclosed on in 2009 or 2010, you may be entitled to financial relief — possibly in excess of $125,000 — as part of the Independent Foreclosure Review. But borrowers need to act quickly to apply for … Continue Reading
Co-Author: Tasha J. Power, Esq. Question: I have seen news reports explaining that banks and other mortgage lenders need to produce the original signed promissory note if the lender is going to foreclose on a piece of real estate. I’ve also heard that many lenders can’t produce the original promissory notes. Can I demand that … Continue Reading
What Functions May an Apartment Manager Perform Without a Real Estate License? It can be a complicated task to successfully navigate the maze of Colorado laws and regulations regarding what type of real estate functions, especially property management functions, require a real estate license. The laws and regulations themselves sometimes lack clear and specific requirements … Continue Reading
The United States Supreme Court just made it easier for real estate brokers to charge flat fees and generally test the market with different fees structures. In a unanimous decision in the case of Freeman v. Quicken Loans, Inc., No. 10-1042, slip op. at 1 (May 24, 2012), the U.S. Supreme Court confirmed that … Continue Reading
They want to drill on my property and they own the mineral rights. Is there anything I can do to minimize the impacts?Property owners in Colorado often ask this question when they own the surface rights but not the mineral rights. While they may feel powerless, they do have enforceable rights and can take steps to … Continue Reading
