Letters of Intent
While letters of intent can be a constructive step towards reaching a contract, they have pitfalls, especially for sellers and landlords.
Real Estate
New Property Purchase: Are the mineral rights Included?
I am purchasing a new property. Are the mineral rights included? The specific language in a property’s prior conveyances, known as the chain of title, dictates whether the rights to the minerals are included in the purchase. As clearly disclaimed in the Colorado Contract to Buy and Sell Real Property, buying a property does not … Continue Reading
Earnest Money Release
Earnest Money Release Revolution: The 2017 Colorado Real Estate Commission Approved Earnest Money Release form no longer has an automatic release. 2/27/17: Earnest Money Release Revolution. Prior to 2017 the Colorado Real Estate Commission Approved Earnest Money Release form essentially provided for a full release between the buyer and the seller (if both sides signed … Continue Reading
Listing Agreement & Holdover Rights
Listing Agreement & Holdover Rights: Colorado Contract to Buy and Sell Real Esatate 1/25/17: Listing Agreement & Holdover Rights. What are Holdover Rights? When do Holdover Rights Apply? What happens if the old listing agreement does not expire but it is terminated? Who qualifies as a Holdover Buyer?
Can I require a pet deposit for all animals?
Whether a landlord, association or property manager has to allow someone with an assistance animal to live at the property despite animal restrictions is a frequent question. Also, if you have to allow the animal, can you still request a pet deposit? First of all, even if the property does not allow certain animals, if … Continue Reading
What is a Personal Representative’s Deed?
When someone dies owning an interest in real estate, the legal instrument used to convey the property is a Personal Representative’s Deed. In the deed, the Personal Representative (“PR”) of the estate transfers the deceased owner’s interest to either a third-party buyer or an estate beneficiary. Does a Personal Representative’s Deed Require a Probate Administration? … Continue Reading
Wire Fraud
Wire Fraud – Learn how to avoid wire fraud in Colorado Real Estate Transactions 10/18/16: Wire Fraud. Don’t wire your money to criminals. Learn how to avoid getting duped!
General Warranty Deed vs. Special Warranty Deed
General Warranty Deed vs. Special Warranty Deed for Re-Sale Sellers. A general warranty deed creates liability for a seller beyond the warranties of a special warranty deed. 8/1/16: General Warranty Deed vs. Special Warranty Deed for Re-Sale Sellers. The market place expects residential re-sale sellers (not builders) to convey title using a general warranty deed. … Continue Reading
Real Estate Brokers & Referral Fees under RESPA
Special Considerations for Commercial Real Estate Brokers and Referral Fees under RESPA and Colorado law. Paying for referrals is a common practice in various competitive industries where the struggle to attract customers determines which participants will flourish and which will flounder. However, the business of real estate is subject to various restrictions that limit industry-participants’ … Continue Reading
Local Ordinances on Construction Defects
Know Your Local Ordinance on Construction Defects When state law on construction defects failed to change despite lobbying efforts, many cities enacted their own local ordinances regarding how to deal with construction defects in new housing and there are probably more to come. Currently, Arvada, Aurora, Centennial, Colorado Springs, Commerce City, Denver, Lakewood, Littleton, Lone … Continue Reading