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What Is Slander of Title and What Can You Do to Remove It?

…or enjoyment of the real estate. If the notice fails to meet these standards, it will be void; however, in order for a court or title company to recognize the document as void, more often than not, it will be necessary to obtain a court order declaring the same. Any interested person may petition the court to find that the action pending will not affect title or an interest in…

What Makes For a Good Colorado Residential Lease Agreement?

…tenant needs to move out and sublet the premises for the remainder of the term? Rules and regulations, including marijuana-related restrictions – What are the owner’s “house rules”? Applicable HOA regulations should be provided so tenants are on notice of their compliance obligations. Although possessing, smoking, and growing marijuana are permitted under Colorado state law, does the owner wish to restrict those activities which still violate federal law? Pet terms,…

New Property Purchase: Are the mineral rights Included?

…owner/seller still possesses the property’s minerals, referred to as an “Included Mineral Rights Scenario.”[2] Title Commitment When a buyer and seller agree to the sale of property, a title company issues a title commitment, which is used to generate the buyer’s title insurance policy. A title commitment will not provide an opinion on mineral ownership and will not insure rights to the minerals, but it is a great place to…

What Happens When Someone Dies Without a Will?

A will is the roadmap that directs what happens to someone’s probate assets when they die. The will also nominates a personal representative to administer the estate. But what happens when someone dies “intestate,” or without a will? In those situations, the Colorado Probate Code directs who inherits from the estate and who has priority to administer the estate. Oftentimes, these default provisions may not be what someone would choose…

Who Gets to Claim Child on Taxes After a Divorce?

…“contributions to the costs of raising the children” refers to the percentage of child support attributed to each parent in the course of making the child support computation. In re Staggs, 940 P.2d 1109 (Colo. App. 1997). For example, let’s presume that a father and mother have 2 children, the father’s monthly gross income is $6,770 per month, and the mother’s monthly gross income is $3,330 per month. Their combined…

For Sale By Owner Transactions in Colorado

…market like the one we’ve seen recently in the Boulder and Denver metro areas. Real estate professionals will widely market the property in ways that attract the greatest number of potential buyers. They then assist the seller in negotiating the highest and best price and terms for the property, particularly in situations where a number of competing offers are received. Once under contract, the broker coordinates the transaction from contract…

Attorney Testimony in a Will Contest Proceeding

…testator’s attorney may testify separately regarding the testator’s state of mind at the time the will was created. However, clients and attorneys must consider a number of factors when determining whether it is advisable for a law firm to both represent the party seeking to enforce the will, while also having represented the testator in preparing the will now being questioned. Specifically, the client and attorney must consider whether the…

Frequently Asked Questions

…not be able to refer you to another attorney. There are many websites that can be used to find an attorney, including, but not limited to www.martindalehubbell.com; www.avvo.com; and www.lawyers.com. 3. What is a retainer? A retainer is money paid in advance. The money goes into a retainer trust account. When the lawyer provides services or incurs expenses, money is deducted from the retainer and paid to the lawyer. 4….

Jon Goodman’s Webcasts

…emotionally charged and volatile, learn the best ways to handle them and minimize the damage for your client. 2/24/14: Demystifying Commercial Real Estate. Commercial real estate isn’t necessarily harder than residential real estate, it’s just different. The first step in wading into commercial real estate is understanding the cultural differences. In this webinar, Jon will discuss the following: Use of Letters of Intent, One Free Look, Documenting Co-operative Commission Obligations,…

Office Policy Manual – Brokerage Relationship Policy – Independent Contractor Agreement

…all three of these documents. Your brokerage firm might need more than all three of these documents. If you have any questions, do not hesitate to email your questions to Andrea Webster .   Frascona, Joiner, Goodman and Greenstein, P.C. 4750 Table Mesa Drive Boulder, CO 80305 Tel: 303-494-3000 Fax: 303-494-6309 www.frascona.com [1]Of course, Covid-19 drove some of the changes, although perhaps not as many as might have been expected….

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