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Avoiding Seller “Blank Check Risk” For Inspection Resolutions

Avoiding Seller “Blank Check Risk” For Inspection Resolutions Any time a seller agrees to repair something for a buyer, there is the risk that the repair will cost much more than the seller expects. Learn the pros and cons of the five basic options for protecting your seller against that risk. Video Transcription: Hi, this … Continue Reading

When to be Cruel to be Kind

When to be Cruel to be Kind You are successful partly because you have an inclination to help people. Yet sometimes your desire to help hurts your clients and unnecessarily exposes you to liability. Consider the buyer who has remorse and wants to back of a deal at the last minute without a legal justification … Continue Reading

Must You Extend Listing when Purchase Contract Closes After its Expiration?

Must You Extend Listing when Purchase Contract Closes After its Expiration? Webcast 6/18/19: Must You Extend Listing when Purchase Contract Closes After its Expiration? Consider a situation where you have a six month listing agreement. The seller enters into a contract five and one half months into the listing that is scheduled to close after … 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

Who is a “foreign person” under FIRPTA?

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

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

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