Buyer and seller are under contract. After the contract is formed and before the contract closes, the market value of the property increases dramatically. Before a due diligence contingency of the deal expires, the buyer seeks an extension of the contingency. Does a transaction-broker have a duty to disclose to the seller that the … Continue Reading
Part I of this article asked – May a landlord choose to reject all tenants receiving Section 8 rental subsidies without violating Fair Housing Laws? In brief, the response to that question was that Fair Housing laws do not make all discrimination illegal. As far as this author is aware, there is no explicit prohibition … Continue Reading
May a landlord choose to reject all tenants receiving Section 8 rental subsidies without violating Fair Housing Laws? Fair Housing laws do not make all discrimination illegal. A landlord who insists upon receiving $1,000 a month rent for an apartment is discriminating against persons who cannot afford to pay $1,000 a month rent. Landlords can … Continue Reading
Co-Author: Amy E. Allison, Esq. Question: I am an architect. A builder client of mine asked me to prepare plans for an office building. After constructing the initial building, my client worked with a different architect who slightly modified the drawings to fit another site. The builder intends to construct many other versions of … Continue Reading
What Happens When Zoning Laws Change? How Can It Affect The Use of Your Property? Ms. Homeowner (“Ms. H”) has owned 50 acres of land for over 45 years. When she bought the property in 1955, it had a 2 bedroom home, a one-car garage and was zoned for agricultural uses. In the early years, … Continue Reading
If a title company will issue survey-related protection based on an Improvement Location Certificate (ILC), why might it be worthwhile for my client to obtain a more rigorous (and more expensive) survey? Last month’s article showed an example where an owner had a title problem which might have been detected prior to closing had the … Continue Reading
If a title company will provide survey-related title insurance protection for a buyer without requiring an Improvement Location Certificate (ILC), why might it still be worthwhile for my buyer to obtain an ILC? If a title company will issue survey-related protection based on an ILC, why might it be worthwhile for my client to obtain … Continue Reading
Reprinted from REALTOR® Magazine http://www.realtor.org/realtormag February, 2002 by permission of the NATIONAL ASSOCIATION OF REALTORS® Copyright 2002. All rights reserved. At her buyer clients’ request, Joan went to the inspection. “She was our agent, and we thought she should be there,” the buyers would later testify. Occasionally, just to make sure the inspection was … Continue Reading
Co-Author: Amy E. Allison, Esq. Last month we looked at what constituted a trademark and how to search to see if there were any pre-existing marks that were similar. This month we address how to register a mark and therefore protect your rights in it. Registration A state trademark is one that is used within … Continue Reading
Co-Authors: Cinthia M. Manzano, Esq. and Oliver E. Frascona, Esq. Law regarding construction defect changed effective April 2003. Please see new article at: Construction Defect Law: Effective April 2003 Colorado has enacted a law affecting construction defect litigation. The Act, called the Construction Defect Action Reform Act, applies to actions filed on or after August … Continue Reading
