Need a Personal Representative’s Deed for a Closing? REALTORS® regularly call the firm to assist with a scheduled closing where the seller does not yet have title to the property because the property hasn’t been administered from an estate of a deceased person. We find that often there is a misunderstanding that the Personal Representative’s … Continue Reading
As a result of publicity over the Terry Schiavo case, I have received several inquiries from clients and others about the use of living wills and advance directives in Colorado. After reviewing the living will and medical durable power of attorney forms published by the Colorado Bar Association, and Colorado’s statutes governing living wills and … Continue Reading
Colorado’s new beneficiary deed law became effective on August 4, 2004. The law applies to beneficiary deeds recorded by owners who die after that date, and governs not only beneficiary deeds created after that date under the new statutory guidelines, but also to the older “transfer on death” deeds previously authorized in Colorado. The new … Continue Reading
I have an Exclusive Right-to-Buy (Buyer Agency) agreement with my buyers. Over the last three months, I have shown them approximately 30 homes. My clients now wish to make an offer on an unlisted property which is for sale by its owner. My buyers do not want to pay me my commission; they want … Continue Reading
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
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
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
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
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
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
