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
Question #1: My company does not permit cold calling. Do I still need to have a written policy addressing the Do Not Call regulations? Answer: Not if you are a one person company. If you have licensees working under you, they may violate your prohibition. Employing brokers need a written policy to create a … Continue Reading
Joint Property? Watch Out! Avoid Problems with Durable Power of Attorney John DeStefano and his wife learned the hard way that adding their daughter’s named to their bank accounts was not a good thing. Their $77,362 in savings was wiped out when their Pennsylvania bank used the funds to cover loans taken out by their … Continue Reading
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
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
Question: I am starting a real estate company with two other partners. We are leasing office space. The landlord has requested personal guarantees from each of the three partners. Is there a way for me to guarantee one-third of the obligations under the lease, without being personally liable for the entire obligation? Response: A … Continue Reading
For foreclosures filed after January 1, 2008, Colorado law no longer provides for an owner’s redemption period. (See Colorado Foreclosure Revolution (Part I). This article explains short pay-off transactions and the ramifications of the loss of owner’s redemption period.) A “short pay-off” or “short sale” is a transaction in which a lender agrees to accept … Continue Reading
