…fail to follow the new law can be found to have committed licensing violations. Any person who misrepresents the right to an assistance animal would also commit a class 2 petty offense. The House Bill further authorized the Colorado Civil Rights Division to educate the public regarding assistance animals and service animals and produce forms for landlords to use in the future concerning animals. Note the law is evolving and…
…borrowers. Most Colorado form Deeds of Trust do not require advance notice prior to foreclosure. If, however, any requirement for specific notice is written into a Promissory Note or Deed of Trust, then whether the lender is institutional or private the lender must comply with those notice provisions as well. Once all notice requirements are complete then the actual foreclosure process proceeds the same for both institutional or private lenders,…
…conveyance of minerals. Mineral Reservation Deed Once a landowner enters a real estate contract with a buyer and reaches closing, the title company will prepare a deed to sign and record in the county recorder’s office. That deed is the legal document that conveys the property rights to the buyer. The language of that deed can except and reserve any right that the owner possesses at the time, including ownership…
…start-up oil and gas companies in the acquisition of leasehold and well interests in the Rocky Mountain region; drafted and negotiated a wide-range of oil and gas-related instruments; and researched/prepared/analyzed hundreds of chains of title in Colorado and the Northeast. Utilizing his oil and gas expertise, he represents operators, land service companies, mineral buyers, landowners, and prospective buyers searching for comprehensive representation from the surface to the center of the…
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. https://youtu.be/FsUKW3o2DOg 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. A general warranty deed creates liability for a seller beyond the warranties of a…
…other important provisions . . . We also include the following with the Lease Agreement: Radon Disclosure form Lead-Based Paint Disclosure form (if constructed prior to 1978) Warranty of Habitability Notice (required as of Jan. 1, 2025) Sample move-in condition report The Residential Lease Agreement may be customized with an FJGG attorney at the attorney’s standard hourly billing rate to fit your specific leasing model. RESIDENTIAL LEASE AGREEMENT ORDER FORM…
…marketing and tenant-selection services; (2) entering into leases; (3) managing tenant relationships; (4) contracting for maintenance services; and (5) payment of property-related expenses Compensation, including: (1) leasing commissions; (2) renewal commissions; (3) regular management fees; and (4) minimum management fees Transaction-brokerage or landlord agency representation Establishment and reimbursement of management custodial account Choice of who holds tenant security deposits Detailed property description Owner obligations to keep property in compliance with…
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’ ability to engage in conduct which may be common elsewhere. For example, the Real Estate…
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 Tree, Parker and Wheat Ridge have passed their own laws in an effort to encourage…
…the parties should incorporate those terms into a formal contract. The Colorado Real Estate Commission (“CREC”) makes a template Buy/Sell Contract available for use by the public that is both exhaustive and balanced. Since this Contract is familiar to title companies, lenders and attorneys throughout the state, it is typically the instrument we recommend using to document the agreement. However, even though the CREC Buy/Sell Contract is widely used by…
