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Property Management Agreement Addendum

August 25, 2015March 1, 2006 by Jon Goodman

…disclosures using the Colorado Real Estate Commission form called “Broker Disclosure to Buyer,” having form number BD24-05-04. There has not been a culture of making such disclosures to sellers or landlords. This is because Brokers generally do not invest significant amounts of time with sellers or landlords without obtaining a listing agreement. The Colorado Real Estate Commission has built all the required disclosures into the Real Estate Commission’s seller and…

How to Commit More Loan Fraud

October 12, 2015February 1, 2006 by Jon Goodman

…than the last list price. The property supposedly sold for more than the original listing price. What is going on here? Response: In 2002, this column published an article entitled “How to Commit Loan Fraud” which is available for viewing at the following link: “How to Commit Loan Fraud.” That article educated readers about how to avoid inadvertently committing a certain type of mortgage fraud–what this article calls “valuation loan…

Senate Bill 100 – Part I

October 19, 2015January 1, 2006 by Jon Goodman

…the nuances and uncertainties surrounding the effect of SB100. This article does not purport to be a comprehensive discussion of SB100. It is a complicated bill which addresses many things of interest to anyone who lives or owns property in a common interest community, anyone who is involved in the governance of common interest communities, and anyone involved in developing common interest communities. This article limits itself to addressing issues…

Senate Bill 100 – Part II

October 19, 2015January 1, 2006 by Jon Goodman

Co-Author: Karen Radakovich, Esq. Go to Senate Bill 100 – Part I Question: As a REALTOR® what do I need to know about Senate Bill 100 (“SB100”), the law which requires sellers to provide homeowners’ association governing documents and other financial information to buyers? Response: Part I, addressed seven questions related to Senate Bill 100. This two part article does not purport to be a comprehensive discussion of SB100. It…

Installment Land Contracts and Lease/Option Agreements

September 7, 2015October 1, 2005 by Karen Radakovich

…would have had with third party financing. In reality, she does have those rights, and others discussed below, but she may need to expend substantial sums in attorneys fees to convince a court that the seller cannot simply evict her. The seller is also at risk with either of these financing methods. One of those risks is the consequences of failing to comply with a little-known Colorado statute which requires…

Hiring Private Decision Makers & Coordinators in Parenting Matters

January 14, 2016October 1, 2005 by Gregg Greenstein

…consider the effect of any documented evidence of domestic violence on the parties’ ability to engage in parent coordination. A parenting coordinator shall assist the parties in implementing the terms of the parenting plan. Duties of a parenting coordinator include, but are not limited to, the following: Assisting the parties in creating an agreed-upon, structured guideline for implementation of the parenting plan; Developing guidelines for communication between the parties and…

RESPA Exception: Payment for Services Actually Rendered

May 31, 2022July 1, 2005 by Jon Goodman

…that are actual, necessary and distinct from the primary services provided by such person. . . . Even if compensable loan origination services have been actually performed by the real estate broker, however, that fact does not, by itself, make the contemplated payment legal. If the payment bears no reasonable relationship to the market value of the services provided, then the excess is not considered to be for services actually…

RESPA Exception: Affiliated Business Arrangements (ABA’s)

May 31, 2022July 1, 2005 by Jon Goodman

Co-Author: David A. Farus, Esq. This article explains the RESPA exception for Affiliated Business Arrangements (ABA’s). Another article on our site explains the exception for Payment for Services Actually Rendered. Question: I own a real estate brokerage firm. Mortgage companies and others profit from the business I refer to them. Does RESPA prohibit me from receiving referral fees from mortgage companies? Response: Yes, but there are at least two business…

Mediation & Contract to Buy and Sell Real Estate

July 15, 2019July 1, 2005 by David Farus

…that settlement to writing for it to be enforceable. Verbal settlement agreements reached during mediation in Colorado will not be enforced by a court. Most mediators, being aware of this rule, will have an outline of a settlement agreement available for completion during the mediation. In complicated situations, the mediated settlement agreement might contemplate the preparation and execution of further or “more complete” releases or other settlement documents. In those…

Personal Representative’s Deed for Closing

October 20, 2015April 1, 2005 by Mimi Abrams Goodman

…other assurances or documents requested by the title company to close the transaction. The estate attorney does not represent the REALTOR® or the title company in these transactions. The attorney must represent the personal representative of the estate, who is the person authorized by the court to deal in estate property. Occasionally, an attorney will represent an out-of-state law firm which is serving as estate attorney for a “foreign domiciliary…

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