The Real Estate Settlement Procedures Act (“RESPA”) is a series of federal consumer-protection statutes that impose rules upon all of the professions involved in an activity relating to a real estate settlement involving a federally related mortgage loan. The State of Colorado has adopted laws and regulations governing real estate brokers that impose similar rules. … Continue Reading
On May 29, 2018, Governor Hickenlooper signed into law House Bill 18-1224 (the “Act”), which amends C.R.S. § 24-4-105 (4)(a) to require mediation for a licensee in certain circumstances.
As a foreclosure attorney, my staff and I constantly field phone calls and e-mails from would-be purchasers of the properties we have in foreclosure. This article attempts to set out the most useful procedures for such callers, to get the most relevant information about a particular property in foreclosure.
Jon Goodman’s Webcast: What does the phrase “As Is” mean in a contract? Learn what it really means.
What Does Earnest Money Going “Hard” mean? What does the phrase Earnest Money Going “Hard” mean? This webcast explains when to use this phrase and when not to use it.
Boulder Rent Control Boulder and rent control have an interesting history, and past efforts to impose rent control in the city directly contributed to a statewide response from the Colorado Legislature. In 1980, the City of Boulder passed a citizen initiative to impose rent control in existing buildings that would have capped and tightly regulated … Continue Reading
FIRPTA: Foreign Investment in Real Property Tax Act The federal Foreign Investment in Real Property Tax Act (“FIRPTA”) generally obligates any person who buys U.S. real estate from a foreign person to escrow 15% of the purchase price from the seller to motivate the foreign seller to file a U.S. tax return. A buyer who … Continue Reading
Property Specific Deed Exceptions. This webcast walks you through an example where this distinction between a general exception deed and a property specific exception deed makes a difference and explains why most Colorado title companies initially prepare a deed form that is inconsistent with the Colorado Real Estate Commission contract. 2/23/18: Property Specific Deed Exceptions. … Continue Reading
The “Statute of Frauds” and Contracts Concerning Real Property Every grant or assignment of an existing trust in lands, goods, or things in action must be in writing and subscribed by the party making it or his agent lawfully authorized. If it is not in a proper writing, it is void under Colorado law. Likewise, … Continue Reading
Why is the Duration of an Oil and Gas Lease Confusing? The duration of an oil and gas lease is the cause of a lot of confusion – and for good reason. An oil and gas lease contains two ‘terms,’ a primary term and a secondary term. If the lease carries over from primary term … Continue Reading