Category Archives: Brokerage Law

Real Estate Brokers & Referral Fees under RESPA

Special Considerations for Commercial Real Estate Brokers and Referral Fees under RESPA and Colorado law. Paying for referrals is a common practice in various competitive industries where the struggle to attract customers determines which participants will flourish and which will flounder.  However, the business of real estate is subject to various restrictions that limit industry-participants’… Continue Reading

Dodd-Frank, Consumer Financial Protection & Owner Financing

What do Dodd-Frank and Consumer Financial Protection Bureau Regulations Mean for Owner Financing in Colorado? The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) introduced a host of new regulations designed to protect consumers and avoid another housing collapse. Key components of Dodd-Frank were designed to create greater certainty that borrowers can repay their… Continue Reading

Owner Carry Financing in the SAFE Act and Dodd-Frank Act Era

Co-Author: Julie A. Jacobs, Psy.D., J.D. Part II: Owner Carry Financing and Prepayment Penalties under the Dodd-Frank Act The Consumer Financial Protection Bureau (CFPB) promulgated a far-reaching new regulation in January, 2013, which will become part of the current Regulation Z. A portion of the regulation implements section 1414 of the Dodd-Frank Act which limits prepayment penalties… Continue Reading

Don’t Forget About FIRPTA

Foreign Investment in Real Property Tax Act The federal Foreign Investment in Real Property Tax Act (“FIRPTA”) attempts to reduce opportunities for foreign persons to avoid U.S. income tax on their sales of U.S. real property interests. For that purpose, FIRPTA generally obligates any person who buys a U.S. real property interest from a foreign… Continue Reading

Relevance of a Real Estate License

Co-author: Zakary A. Kessler Colorado first passed its license law statute in 1929.(E1) This author knows of no situation where, absent harm to a consumer, a person encountered litigation or criminal prosecution for the unauthorized practice of brokerage. In the 80 plus years in which Colorado has had real estate licensing law, the annotators of the… Continue Reading

Colorado License Law and Apartment Managers

What Functions May an Apartment Manager Perform Without a Real Estate License? It can be a complicated task to successfully navigate the maze of Colorado laws and regulations regarding what type of real estate functions, especially property management functions, require a real estate license. The laws and regulations themselves sometimes lack clear and specific requirements… Continue Reading

Owner Carry Financing in the SAFE Act and Dodd-Frank Act Era

Co-author: Peter G. Sotiropoulos Part I: Owner Carry Financing under the SAFE Act Few people dispute that overzealous lending contributed to the financial crisis of the late 2000’s. Through the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (the “SAFE Act”) and the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”),… Continue Reading