What Does “Proof of Funds” Mean?
Great question—let’s break it down. Watch this video to learn what “proof of funds” means and why it matters.
Real Estate
Understanding Colorado HB24-1175: Local Government’s Right of First Refusal and First Offer for Multifamily Properties
Colorado HB24-1175: Does the local government have (a) a right of first refusal and/or (b) a right of first offer to purchase my multifamily property? Proposed initial steps to determine applicability. Co-Author: Zac Grey I. Background Colorado HB24-1175, signed into law in 2024, provides local governments (including towns, cities and counties) with two new, specific … Continue Reading
Colorado Supreme Court Withdraws Prior Opinion on Tenant’s Right to Jury Trial in Evictions
Colorado Supreme Court Withdraws Prior Opinion Regarding Tenant’s Statutory Right to Jury Trial in Certain Eviction Proceedings Co-Author: Britney Beall-Eder The saga continues. Previously, on October 21, 2024, the Colorado Supreme Court issued a noteworthy opinion in In re Mercy Housing Management Group, Inc. v. Naomi Bermudez, holding that a tenant has a statutory right to a jury … Continue Reading
Mold and the Implied Warranty of Habitability in Colorado Rental Housing
Mold and the Implied Warranty A rental property that someone lives in is considered uninhabitable under Colorado law if there is mold present due to damp conditions that if left unaddressed could significantly affect the health or safety of tenants. Most properties may have some minor signs of mold, especially on surfaces prone to moisture … Continue Reading
Colorado Tenants May Request Jury Trial in Certain Eviction Cases
Colorado Tenants May Demand Jury Trial to Determine Factual Disputes in Certain Eviction Proceedings Co-Author: Britney Beall-Eder Please see updated article here. On October 21, 2024, the Colorado Supreme Court rendered its decision in In re Mercy Housing Management Group, Inc. v. Naomi Bermudez, issuing a noteworthy opinion for Colorado landlords and tenants. The Court held … Continue Reading
What do We do When the Buyer Refuses to Sign the Buyer Broker Compensation Agreement?
Watch this video and find out. See Also: Don’t Believe Rumors of Disagreement Between NAR and Your Regulators About the Antitrust Settlement
Don’t Believe Rumors of Disagreement Between NAR and Your Regulators About the Antitrust Settlement
The plaintiffs in the settled antitrust lawsuits were sellers, not buyers. It is natural that regulators may not be keen on settlement terms that intend to help sells and may hurt buyers. Yet the Division is not stating that it will prosecute brokers for honestly complying with the Settlement Agreement. Colorado law does not prohibit … Continue Reading
Navigating New Antitrust and MLS Rules in Colorado Real Estate
A Brokers Guide for Navigating Colorado’s New Antitrust Requirements and MLS Rules Significant changes are reshaping the real estate landscape following the National Association of REALTORS® (“NAR”) Settlement Agreement entered into on March 15th, 2024 (the “Settlement Agreement”), updated state regulations, and new Multiple Listing Service (“MLS”) rules. These new requirements are designed to eliminate … Continue Reading
When the Seller Rents Back Post-Closing for no Monthly Rent, Can There be a Security Deposit?
In Colorado, Senate Bill 23-184 provides a fairly clear answer: No.
What’s the Best Way to Handle My Rental Properties in My Estate Plan?
Co-Author: Mara B. Peterson, Esq. Using Revocable Trusts and Limited Liability Companies in Estate Planning If you are someone who owns real estate, particularly if your properties are used for rental purposes, there are many important legal and tax considerations for these properties in an estate planning context. Without proper estate planning, these assets could … Continue Reading