Sellers have to disclose known material defects and complete a Seller’s Property Disclosure form when listing property for sale. There can be health risks associated with living in a house where meth was produced or used. Some telltale signs that a property could be contaminated by meth include discolored walls, strong ammonia-like odors, empty over-the-counter … Continue Reading
Dangers of E-Signing in a Fast Paced World Webcast 5/19/14: Dangers of E-Signing in a Fast Paced World. E-signing systems are often set up so that when your client executes a document, it automatically gets sent to the other side without first going through you. You don’t have a chance to filter out mistakes. In … Continue Reading
Buyers Who Refuse to Acknowledge Death of Real Estate Contract Webcast 4/30/2014: In markets with shortages of inventory, some buyers are reluctant to acknowledge the death of their contract, causing problems for sellers who want to move on to other buyers.
Failure to complete the Seller’s Property Disclosure and the “as is” Language in the contract doesn’t avoid the need to disclose known problems Webcast. 12/16/13: Failure to complete the Seller’s Property Disclosure and the “as is” Language in the contract doesn’t avoid the need to disclose known problems. A November 2013 Colorado Court of Appeals … Continue Reading
Also see: Contracts Don’t Enforce Themselves (Re/Max of Boulder Podcast 10/20/15). Question: A buyer put up five thousand dollars of earnest money and entered into a contract to buy a house. The buyer has a clear trail establishing that she valiantly pursued getting her loan, yet she couldn’t get financing. She timely exercised her loan … Continue Reading
Q: I’m under contract to purchase real estate in Colorado. The area around the property has been impacted by wildfires. Am I able to get out of the contract? A: Summer 2013 has already been another difficult season for fires in Colorado, with the Black Forest, Royal Gorge and West Fork Complex fires following the … Continue Reading
Watch Jon Goodman’s Webinar: Escalation Clauses – A Lawyer’s Dream. In markets with shortages of inventory, buyers know that they must aggressively compete for the right properties. Yet purchasers do not want to pay any more than is absolutely necessary to buy the property. Purchasers sometimes submit “escalation” clauses in an attempt to tie up … Continue Reading
Foreign Investment in Real Property Tax Act (Updated: 11/29/17) 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 … Continue Reading
About To Make your Greatest Investment? Review What You Sign. It seems so simple, but most people get busy and think that the documents they need to sign are standard or cannot be changed. Whether you are purchasing a home or business, having construction done for either, or renting or leasing, you should … Continue Reading
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
