Co-Author: David A. Farus, Esq. Colorado has returned to having a State approved real estate purchase contract designed for commercial transactions. This article identifies differences between the new Colorado Real Estate Commission (CREC) approved commercial and residential forms, a conceptual flaw in the commercial form, and a partial solution to the flaw. Most of the … Continue Reading
Co-Author: Jordan Bunch, Esq. Consider a transaction scheduled to close on Wednesday, June 30, 2010, attended by both buyer and seller. The seller signs all of the seller documents, including the deed, which is tendered to the closer for recording. The buyer signs all of her documents and tenders her down payment. Though the buyer’s … Continue Reading
Right of First Refusal— Kick Out Clauses You’ve just received an otherwise desirable offer on one of your listings. Unfortunately, it is not clear whether Buyer will be able to qualify for the loan. Your Seller is inclined to accept the offer, but wants to preserve the flexibility of replacing this Buyer with another one, … Continue Reading
Co-Author: Kirsten A. Westerland, Esq. The expression, “I have some swampland in Florida that I’d like to sell you,” is based upon schemes in the 1960s and 1970s where scammers sold consumers real property in Florida that could not be built or improved upon. The Federal Government responded with the Interstate Land Sales Full Disclosure … Continue Reading
Is it time to buy or lease a new copier or other electronic productivity tool? Read the fine print. When you have a dispute, you have agreed in many cases to “arbitrate” (private court without appeal) rather than litigate. So when it does not work, you will not be suing the vendor for the … Continue Reading
Co-Author: Karen Radakovich, Esq. See Senate Bill 100 – Part II Question: As a REALTOR® what do I need to know about Senate Bill 100 (“SB100”), the law which requires sellers to provide homeowners’ association governing documents and other financial information to buyers? Response: The Colorado Real Estate Commission Update course for 2005 educated REALTORS® … Continue Reading
Co-Author: Karen Radakovich, Esq. Go to Senate Bill 100 – Part I Question: As a REALTOR® what do I need to know about Senate Bill 100 (“SB100”), the law which requires sellers to provide homeowners’ association governing documents and other financial information to buyers? Response: Part I, addressed seven questions related to Senate Bill 100. … Continue Reading
Installment Land Contracts and Lease/Option Agreements – DON’T DO THESE! Use an All-Inclusive or “Wrap” Deed of Trust Instead We get many calls from buyers, sellers, and real estate brokers, asking us to prepare either an installment land contract, called an “ILC” or a “contract for deed,” or a lease with an option to … Continue Reading
Co-Author: Jon Goodman Question: How does the mediation process work? Response: Section 21 of the Real Estate Commission-approved Contract to Buy and Sell Real Estate (Residential) (CBS 2-7-04) provides, in part, as follows: “If a dispute arises relating to this contract, prior to or after Closing, and is not resolved, the parties shall first proceed … Continue Reading
I have an Exclusive Right-to-Buy (Buyer Agency) agreement with my buyers. Over the last three months, I have shown them approximately 30 homes. My clients now wish to make an offer on an unlisted property which is for sale by its owner. My buyers do not want to pay me my commission; they want … Continue Reading
