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How to Breach a Listing Agreement Without Even Trying

  Reprinted from REALTOR® Magazine  May, 2003 by permission of the NATIONAL ASSOCIATION OF REALTORS® Copyright 2003. All rights reserved. Q: What are the main forms of contract breach in real estate? Frascona: In real estate, contract breaches can occur in the property listing agreement between the broker and the seller or in the sales … Continue Reading

Out of Contract

I am the listing broker for a transaction set to close tomorrow. My seller and I have just learned that the buyer’s lender will not fund tomorrow. The buyer needs a three-day extension. All of the contingency deadlines in the contract have passed so that there is no longer any contingency excusing the buyer from … Continue Reading

Legal Rights of Stepparents

The title of this article may seem like an oxymoron. However, stepparents do have some rights under Colorado law. Following a divorce, a parent may resent his or her ex-spouse’s new husband or wife – and try to limit what the stepparent can do in the children’s lives. Other times, following the death of a … Continue Reading

Disclosure Doesn’t Force Relationship

Co-Author: Amanda S.P. Howe, Esq. Question: I am the only broker involved in a transaction. Our company agency policy says that I become a transaction-broker. My listing agreement with the seller says I become a transaction-broker. My Exclusive Right-to-Buy Agreement with the buyer says I become a transaction-broker. If I make a mistake and check the … Continue Reading

The Dr. Phil Show: Anatomy of a Divorce

Gregg Greenstein’s Guest Appearance on The Dr. Phil Show: Anatomy of a Divorce                Mr. Greenstein was featured on two segments of the very popular Emmy Award nominated Dr. Phil national TV talk show on CBS (KCNC Channel 4 in Denver). Mr. Greenstein is the second attorney to represent … Continue Reading

Builder Warranties For New Homes – What You’re Getting, and What You Are Not

  Question: I am considering buying my first new home. I have heard there is a “statutory builder’s warranty” which I will receive at closing from my builder/seller. What is this warranty, and what does it do for me? Answer: Contrary to popular belief, there is no such animal as a “statutory builder’s warranty.” There … Continue Reading

Legal Ramifications of a Letter of Intent

  I am working on a transaction on behalf of the seller. The buyer would like to agree to a letter of intent. What are the legal ramifications of such a letter? While letters of intent can be a constructive step towards reaching a contract, they have pitfalls, especially for sellers and landlords. Parties frequently … Continue Reading

Allocation of the Dependency Exemption in Colorado Child Support

When child support is determined initially or modified, the Court can also decide who can claim the children as dependency exemptions on tax returns. According to Colorado law, the dependency exemption is allocated based on the parties’ financial contributions to the costs of raising the children. This language in the Colorado child support statute has … Continue Reading

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