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
The sale of an interest in real property within the United States by a “foreign person” is subject to tax liability under Foreign Investment in Real Property Tax Act of 1980 (FIRPTA). FIRPTA authorized the United States to tax foreign persons on dispositions of U.S. real property interests. Generally, any buyer of real property from … Continue Reading
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
Appraisal Issues Carved Out of Loan Termination Contingency – 2019 Colorado Real Estate Contract The Division of Real Estate has added language attempting to clarify that if its Contract to Buy and Sell Real Estate never had an Appraisal Objection Deadline, or if the contract lives past an Appraisal Objection Deadline, then the buyer cannot … Continue Reading
How to Address the Personal Property Form in the 2019 Real Estate Contract.
Rights of First Refusal & Rights of First Offer Webcast Rights of first refusal place a heavy burden on property owners. Learn about an alternative that can accomplish many of the same goals without unduly harming owners.
Buyer Replacement Clauses Webcast A seller receives an offer from a buyer with a contingency that makes the seller nervous. Seller is reluctantly willing to accept the offer, but wants the ability to kick buyer #1 out of the deal if seller receives an offer from another buyer who looks more solid than buyer #1, … Continue Reading
The Colorado Division of Real Estate is Making Big Changes to the Colorado State approved contract to buy and sell real estate. Learn about the major changes here.
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.