New Law on Landlord’s Warranty of Habitability
Residential Tenants Health And Safety Act: Colorado’s new warranty of habitability law provides more protections to tenants under the residential warranty of habitability.
Real Estate
Buying Property Anonymously
Purchasing Property Anonymously Webcast 5/1/19: Buying a Property Anonymously. It’s not unusual for Commercial Buyers to want to purchase anonymously, and it’s not uncommon in Residential transactions either! We explore the motives behind incognito purchases, options for accomplishing them, and look at how they affect the transaction.
Selling a Property Anonymously
Selling a Property Anonymously Some sellers seek to quietly sell their property. Learn how to (1) dial into the seller’s expectations, (2) accomplish the seller’s goals and (3) manage the risks of not widely advertising the property to the whole market.
General Warranty Deed versus Special Warranty Deed
General Warranty Deed versus Special Warranty Deed In addition to the choice of deed (between general warranty and special warranty), there are three other factors that strongly influence the buyers’ and sellers’ risk factors: (1) The style of the exceptions to the warranties; (2) the features of the sellers’ existing title insurance; and (3) the … 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
HOA Liens Are Not Spurious
HOA liens are not spurious, even if annexation is disputed The Colorado Court of Appeals has ruled that a homeowner association lien is not spurious, despite a property owner’s claim that its land was never annexed properly. The case involved a long-running dispute between parties in the Stroh Ranch community in Parker, Colorado. In 1999, … Continue Reading
Appraisal Issues Carved Out of Loan Termination Contingency
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
Personal Property Form in 2019 Real Estate Contract
How to Address the Personal Property Form in the 2019 Real Estate Contract.