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Mold and the Implied Warranty of Habitability in Colorado Rental Housing

Mold and the Implied Warranty A rental property that someone lives in is considered uninhabitable under Colorado law if there is mold present due to damp conditions that if left unaddressed could significantly affect the health or safety of tenants. Most properties may have some minor signs of mold, especially on surfaces prone to moisture … Continue Reading

Don’t Believe Rumors of Disagreement Between NAR and Your Regulators About the Antitrust Settlement

The plaintiffs in the settled antitrust lawsuits were sellers, not buyers. It is natural that regulators may not be keen on settlement terms that intend to help sells and may hurt buyers. Yet the Division is not stating that it will prosecute brokers for honestly complying with the Settlement Agreement. Colorado law does not prohibit … Continue Reading

Ongoing Federal Challenges to Non-Compete Covenants Pose Minimal Impact on Colorado Employment

Co-Author:  Britney Beall-Eder  In early 2024, the Federal Trade Commission (FTC) unveiled a groundbreaking proposal to ban most traditional non-compete clauses in employment contracts across the United States. This initiative was part of a broader strategy to enhance economic mobility by removing barriers that inhibit workers from pursuing new employment opportunities, thereby promoting competition, innovation, … Continue Reading

Navigating New Antitrust and MLS Rules in Colorado Real Estate

A Brokers Guide for Navigating Colorado’s New Antitrust Requirements and MLS Rules Significant changes are reshaping the real estate landscape following the National Association of REALTORS® (“NAR”) Settlement Agreement entered into on March 15th, 2024 (the “Settlement Agreement”), updated state regulations, and new Multiple Listing Service (“MLS”) rules. These new requirements are designed to eliminate … Continue Reading

2023 Colorado Residential Leasing Changes

In its 2023 legislative session, the Colorado General Assembly passed several bills that impact relationships between residential landlords and tenants. Governor Polis subsequently signed many (but not all) of these bills into law. Some of these new laws may require updates to residential lease agreement templates. Others may not require direct changes to lease agreements … Continue Reading

Changes to Colorado’s Non-Compete Covenant Statute

Following Passage of the Restrictive Employments Agreement Act Last year, the Colorado legislature significantly revamped the state’s noncompetition and restrictive covenants statute.  On August 10, 2022, the Restrictive Employments Agreement Act (the “Act”) became effective, implementing substantial changes to § 8-2-113, C.R.S., which statute encompasses Colorado’s restrictive covenant prohibitions.  The Act has broad sweeping changes … Continue Reading

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