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Is your Real Estate License Still Active?

  Rule E-44 Reminder: Is Your License Still Active? If you are a real estate broker, you may want to go online to www.dora.state.co.us/real-estate to confirm that your license is still active. The Colorado Real Estate Commission Rule E-44 requires a real estate licensee whose license has transferred to inactive status to immediately cease any … Continue Reading

Is Your Non-Compete Enforceable?

  It is not unusual for a business owner to require certain employees or the sellers of the business to enter into an agreement not to compete with the business for a period of time after they leave the business. Some people assume that if the non-competition agreement (or “non-compete”) is written by an attorney, … Continue Reading

Foreclosure Senate Bill 71

  Overview The Colorado Legislature passed Senate Bill 71 in 2006 to discourage predatory practices against persons in foreclosure. Violations of Senate Bill 71 can lead to criminal sanctions and, unlike the major changes to Colorado’s foreclosure statutes, Senate Bill 71 has been in effect since the summer of 2006. Senate Bill 71 regulates “Foreclosure … Continue Reading

Beneficiary Deed

Co-Author:  Miriam Abrams Goodman, Esq. Question:    What is a “beneficiary deed” and how are they useful in Colorado? Response:   A beneficiary deed is a legal document to pass title to real property to a “grantee-beneficiary” at death, without the need for probate administration. In Colorado, probate can be avoided if the decedent’s estate consists … Continue Reading

Children Marrying Adults

The concept of children marrying adults is a reality in Colorado. In a recent decision by the Colorado Court of Appeals, the Court determined that a young girl’s marriage to an older man was legally valid despite her age. The statutory age of consent for marriage in Colorado is eighteen. Nevertheless, persons between sixteen and … Continue Reading

Properly Signing a Will

The Importance of a Properly Executed Will, and What it Does and Doesn’t Control In Colorado, signing a will with the proper formalities can make a big difference in the administration and distribution of your estate. Colorado has a progressive, consumer-oriented probate system. Commentators in the national media constantly warn the public to “avoid probate,” … Continue Reading

RESPA: Affiliated Business Arrangements

Co-Author: Amanda S.P. Howe More on Affiliated Business Arrangements Some service businesses try to operate as simply as they can and out-source all services but their core competencies. Other businesses seek to provide one-stop shopping for customers. One stop shopping can enhance the quality of the services to the customer and help the business amortize its … Continue Reading

Property Management Agreement Addendum

Co-Author:  Amanda S. P. Howe, Esq. Brokerage Duties Addendum to Property Management Agreement Question:   I am a licensed real estate broker. In addition to helping owners lease property, I help my owner clients manage their portfolio. I understand that the Colorado Real Estate Commission has created a form called “Brokerage Duties Addendum to Property … Continue Reading

How to Commit More Loan Fraud

Question:  There is a home in my farm area which just closed at a price 30% more than it is worth. This conclusion is based not just on my knowledge of the house and the market, but also on the listing history. The property initially went on the market six months ago. Over the six months, … Continue Reading

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