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General Warranty Deed versus Special Warranty Deed

General Warranty Deed versus Special Warranty Deed In addition to the choice of deed (between general warranty and special warranty), there are three other factors that strongly influence the buyers’ and sellers’ risk factors: (1) The style of the exceptions to the warranties; (2) the features of the sellers’ existing title insurance; and (3) the … Continue Reading

No Oil Development Restrictive Covenant

The restrictive covenant on my property that says ‘no oil/gas drilling allowed’ means no one can develop the minerals under my property, right? Not exactly. Buyers of Colorado real estate often mistakenly rest easy knowing their property is subject to a restrictive covenant disallowing oil and gas development (referred to herein as a ‘no oil … Continue Reading

Option for Buyer to “Hold” or “Fold” (but not renegotiate) on Inspection Issues

Options for Buyer on Inspection Issues in the 2019 Colorado Real Estate Contract.   Under the pre-2019 contract, the buyer had three basic options if the Buyer discovered property condition problems: (1) Do nothing and accept the condition of the property subject to the flaws; (2) Submit an objection and attempt to negotiate a change; … Continue Reading