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Real Estate

Understanding Colorado HB24-1175: Local Government’s Right of First Refusal and First Offer for Multifamily Properties

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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

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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

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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

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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

Don’t Believe Rumors of Disagreement Between NAR and Your Regulators About the Antitrust Settlement

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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

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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

What’s the Best Way to Handle My Rental Properties in My Estate Plan?

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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

Owning Residential Real Property Under Common Ownership

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Joint Property Ownership, Property Ownership Agreements and Partition of Real Property Owning residential real property with another person can be rewarding but also challenging or difficult in certain circumstances when property owners cannot agree on the maintenance or disposition of the property in the event of a dispute between the property owners.  Outside of a … Continue Reading

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