Counter Proposal Destroys Power of Acceptance
A Counter Proposal Destroys the Offeree’s Power to Accept the Initial Offer.
Real Estate
Colorado Supreme Court Finally Fixes 30-Year Old Defect in Statute of Repose
This following article originally appeared in The Colorado Trial Lawyers Association – Trial Talk, August/September, 2017 Edition. The article discusses the history of Colorado’s statute of repose for construction defect claims and analyzes a decision that corrects a flaw in the statute that had nettled litigators since 1986. Article Excerpt: This year, the Colorado Supreme … Continue Reading
Buyer Contingencies
Buyer Contingencies: Learn how to avoid creating false expectations in your buyers about their ability to back out of a deal. Learn how to assist your Sellers when you suspect contingencies are being misused, and when they should be referred to an attorney. 4/27/16: Buyers Using Contingencies for Purposes other than they were intended! While … Continue Reading
Weyerhaeuser Joists and Formaldehyde
Homeowners that purchased a home with joists installed after December 1, 2016 are being rapidly removed to alternate housing or have had their closings delayed due to Weyerhaeuser joists that are coated with formaldehyde. The contaminated joists are the TJI ® Joists with Flak Jacket ® Protection. On July 18, 2017, Weyerhaeuser issued a statement … Continue Reading
How to Draft Better Additional Provisions – Part IV
8/2/17: How to Draft Better Additional Provisions – Part IV: The A, B, C’s of writing additional provisions with examples. Welcome. This is the fourth installment in our series of webcasts on how to draft better additional provisions in the Colorado Real Estate Commission Approved Contract. Our first one talked about the notion to first … Continue Reading
How to Draft Better Additional Provisions
How to Draft Better Additional Provisions in the Colorado Contract to Buy and Sell Real Estate: Parts I – IV. 8/2/17: How to Draft Better Additional Provisions – Part IV. The A, B, C’s of writing additional provisions with examples. 7/12/17: How to Draft Better Additional Provisions – Part III. Recognizing the difference between an … Continue Reading
What Is Slander of Title and What Can You Do to Remove It?
When Does a Document Recorded Against Real Property Constitute a “Slander of Title” and What Can You Do to Remove It? All deeds, powers of attorney, agreements, and other instruments conveying, encumbering, or affecting title to real estate, including certified copies of orders, judgments, and decrees of courts may be recorded in the office of … Continue Reading
Mineral Rights – What is Forced Pooling?
Article Updated: 7/11/2018 The oil and gas company told me to sign the lease or they would ‘force pool’ me. Can they do that? Yes, but it’s not as bad as it sounds. The term ‘forced pooling’ is slang for Colorado statute CRS § 34-60-116(6) that allows the oil and gas company to apply for … Continue Reading
What Makes For a Good Colorado Residential Lease Agreement?
Residential Lease Agreement Let’s say that you own a rental property in Colorado. You want to make sure that your lease agreement protects you to the fullest extent possible. What provisions does an owner need in their lease to ensure that they’re safeguarded when renting their property? This article will discuss a variety of terms … Continue Reading
Enforcing Contracts Against Balking Sellers
How do Buyer’s Enforce Contracts against Balking Sellers? Colorado Contract to Buy and Sell Real Estate. 4/24/17: How do Buyer’s Enforce Contracts against Balking Sellers? Learn what buyers can do when sellers want to breach the buyer’s contract and move on to a better buyer. Related Video: 10/26/15: Seller Defaults Just Before Closing.