Understanding Legal Concepts in Real Estate

I love this Colorado attorney.

Please read these articles at your convenience.

````````````````````````````````````````````````````````````````````````````````````````````````

Real Estate Law

Our real estate group handles every facet of real estate law including acquisition, brokerage law, financing, contracts, leasing, syndication, business entity formation, construction, disposition/sale, taxation, Section 1031 exchanges, titles, land use, water law, foreclosure, receiverships, litigation, and other forms of dispute resolution. Our real estate attorneys handle both routine and complex transactions and disputes.

Jump to the Real Estate Resources

Clientele

Our clients include investors, institutional lenders, private party lenders, builders, developers, managers, commercial brokers, residential brokers, and Boards of REALTORS®.

Strengths

. We represent approximately 25 Boards of REALTORS® which is more than any other law firm in the state. The Firm has expertise in administrative and license law matters in the real estate field and may be the preeminent law firm representing brokers before the Colorado Real Estate Commission and Board of REALTORS® tribunals.

Legal Hotline. The Firm was selected by the Colorado Association of REALTORS® ("CAR") to service its REALTOR® Legal Hotline. We answer questions about all aspects of real estate law and related areas for members of CAR. CAR also publishes a column, "Q & A From the REALTOR® Legal Hotline" monthly in the Colorado REALTOR® News. Many of these articles are published in the Resource Center of this web site and are identified in the Resources section below.

. Through its experience handling and advising on thousands of transactions, the firm has developed an extensive library of contracts and clauses which facilitate efficient drafting contracts.

. The Firm enjoys an excellent nationwide reputation in the area of Public Trustee foreclosures and related proceedings such as receiverships, declaratory judgments, deficiency litigation, and the specific enforceability of clauses within real estate instruments. The firm also enjoys a reputation for structuring and drafting creative financing, including "wrap" transactions structured through all-inclusive notes and deeds of trust. Our expertise allows us to draft routine financing agreements efficiently.

. This practice represents clients in the complex and interlocking system of governmental regulatory agencies that control and monitor real estate development, water rights, and environmental issues. Proceedings related to tax assessment, land use planning, zoning, building, environmental matters, and natural resource matters are some of the legal issues addressed in this area of our practice.

. The firm represents landlords and tenants in commercial and residential lease transactions and evictions. Our experience allows us to efficiently evaluate and explain lease language to our tenant clients.

. Mountain property frequently presents title problems. Our firm is expert at analyzing and solving title problems, easements and access disputes, and handling title related litigation.

Real Estate Attorneys

• Jonathan A. Goodman
• Gary S. Joiner
• Gregg A. Greenstein
• G. Roger Bock
• Cinthia M. Manzano
• Karen J. Radakovich
• David A. Farus
• Jonathan H. Sargent
• Michael A. Smeenk
• Jordan C. May
• Benjamin J. Daniels
• Jordan J. Bunch
• Tasha J. Power
• Corey T. Zurbuch
• Julie A. Jacobs
• Michael K. Kugler

Resources

• Brokerage Law Issues
  • What do Dodd-Frank and Consumer Financial Protection Bureau Regulations Mean for Owner Financing in Colorado?
  • Don’t Forget About FIRPTA (Foreign Investment in Real Property Tax Act)
  • Owner Carry Financing in the SAFE Act and Dodd-Frank Act Era - Part II: Owner Carry Financing and Prepayment Penalties under the Dodd-Frank Act
  • Implications of Criminal Pleas on a Colorado Real Estate License
  • Relevance of a Real Estate License
  • Does My Client Need a License to Broker a Business Sale?
  • Colorado License Law and Apartment Managers
  • Supreme Court Rules: Section 8 Doesn’t Regulate Fee Amounts
  • Owner Carry Financing in the SAFE Act and Dodd-Frank Act Era - Part I: Owner Carry Financing under the SAFE Act
  • Compensation of Mortgage Loan Originators Under the Dodd-Frank Act - Part II: Questions and Answers about Lender-Paid Compensation
  • Compensation of Mortgage Loan Originators Under the Dodd-Frank Act - Part I: Brief Overview
  • Trial Court Purports to Regulate Brokerage Compensation under RESPA
  • Commercial Broker Liens
  • Don’t Run the Risk of Listing Your Own Home for Sale
  • Playing Buyers Off Against Each Other
  • Sellers Swapping Buyers
  • Writing Offers For Investors In A New FPA Era
  • Earn Commissions Helping Buyers Use Homestead Exemption
  • H.B. 08-1356 Landlord’s Statutory Warranty of Habitability
  • Colorado Still in the Top 10 - FBI 2007 Mortgage Fraud Report Highlights
  • The New Brokerage Firm - Supervision, Office Policy and Attention to Detail
  • Copy That
  • Loan Conditions Deadline? What Happened to Loan Approval or Loan Commitment?
  • Rule E-44 Reminder: Is Your License Still Active?
  • Property Management Agreement Addendum
  • How to Commit More Loan Fraud
  • Mediation
  • Disclosure Doesn't Force Relationship
  • Limited Services Listing Agreements
  • No Call List and Money Laundering
  • Loan Fraud: Say no to ugly lending practices
  • Liability Insurance: Proper coverage is critical
  • C.L.U.E. Reports
  • Transaction-Brokers and Commissions
  • Inspectors and Inspections - Pass The Baton: Do Your Job and Let Inspectors Do Theirs
  • Designated Broker Policies
  • Limited Denial of Participation
  • How to Commit Loan Fraud
  • Ruling on Transaction Brokerage
  • Papering Property Management Relationships Part II
  • Papering Property Management Relationships Part I
  • Search Parameters and Fiduciary duties for the Buyer Agent
  • Agent "Soiled" Without Builder Report
  • The Bonus and The Buyer's Agent
  • Auctions Part II
  • Auctions Part I
  • Property Specific Deed Exceptions
  • Occupancy Agreements and Seller Carry
  • Pickle in the Middle or Gladiator on One Side?
  • Client, Customer or ???????
  • Disclosure of Spouse's Interest in an Affiliated Business Arrangement
  • Drafting Better Contingencies
  • For the Broker's Protection: Present an FHA Inspection Disclosure to the Buyer
  • 12-61-203.5. Referral Fees - Interference with Brokerage Relationship
  • Brokerage Law
  • Agency Hotspots for Colorado REALTORS®
  • Procuring Cause and Leasing
  • Procuring Cause
  • Avoiding Pitfalls with Unhappily Married Sellers
  • New Forms and Rules Affect Commercial Real Estate
  • Agency Policies and Other Broker Documents
  • Broker Law FAQ
  • Broker's Issues
• Construction
  • Mechanic’s Liens: Nuts and Bolts
  • The Notice of Claims Process under the Construction Defect Action Reform Act
  • About To Make your Greatest Investment? Review What You Sign
  • Don’t Paint Yourself into a Corner - The “Toxic Substances Control Act”
  • Collection Tools for Builders
  • Builder Warranties For New Homes - What You're Getting, and What You Are Not
  • Construction Defect Law: Effective April 2003
  • New Law Affects Claims Arising From Construction Defects
  • Agent "Soiled" Without Builder Report
  • Who Can Lien On Whom?
  • Commission's Contracts Don't Fit New Construction
  • Homeowners Warranty - Is It Worth the Money
  • Typical Problems for Buyers with Volume Builder Contracts
  • Someone We Can Lien On
• Contracts
  • Meth Labs and Properties for Sale
  • Contracts Don’t Enforce Themselves (Buyer Perspective)
  • Escalation Clauses: A Lawyer’s Dream
  • The Impact of Colorado Fires on Contracts to Purchase Property
  • Don’t Forget About FIRPTA (Foreign Investment in Real Property Tax Act)
  • About To Make your Greatest Investment? Review What You Sign
  • Contract Closes After Listing Expires
  • State Approved Commercial Contract
  • When is a Sale Deemed “Closed?”
  • Playing Buyers Off Against Each Other
  • Sellers Swapping Buyers
  • The Commercial Side of the Interstate Land Sales Full Disclosure Act
  • Lenders and the Interstate Land Sales Full Disclosure Act
  • Senate Bill 100 - Part II
  • Senate Bill 100 - Part I
  • Mediation
  • Limited Services Listing Agreements
  • No Call List and Money Laundering
  • Pitfalls of Land Installment Contracts
  • Legal Ramifications of a Letter of Intent
  • Anonymous Purchase of Real Estate
  • Contract Issues
  • Backup Contracts
  • C.L.U.E. Reports
  • Auctions Part II
  • Auctions Part I
  • Property Specific Deed Exceptions
  • Occupancy Agreements and Seller Carry
  • Loan Commitment Contingencies
  • Gambling on Loan Commitments
  • Drafting Better Contingencies
  • Must a seller honor a written offer he verbally accepted?
  • If the earnest money bounces, can the seller terminate...
  • Can a seller terminate a "liquidated damages contract" by...
  • Property Inspection Rights
  • Drafting Kickout Clauses to Accept a Better Offer
  • Legal Ramifications of a Letter of Intent
  • Homeowners Warranty - Is it Worth the Money?
  • Typical Problems for Buyers with Volume Builder Contracts
  • Pitfalls of Installment Land Contracts
  • Liquor License Considerations in Real Estate Transactions
  • Drafting the Loan Approval Clause to Minimize Uncertainty
  • What Satisfies "Loan Approval" in a Contract?
  • Broker's Issues
  • Contract FAQ: Formation & Title
• Environmental Law
  • They want to drill on my property. They own the mineral rights, is there anything I can do to minimize the impacts?
• Finance
  • Can I Negotiate a Deed in Lieu of Foreclosure for a Reverse Mortgage?
  • Mechanic’s Liens: Nuts and Bolts
  • Stripping Junior Liens in a Chapter 13 Bankruptcy
  • How Does Seller Financing Work in Colorado Real Estate Deals?
  • Left In The Cold? Rights Of Lenders, Heirs & Surviving Spouses Upon The Death Of The Reverse Mortgage Borrower
  • Colorado Court of Appeals Helps Clarify Lender Lien Priority Disputes
  • What do Dodd-Frank and Consumer Financial Protection Bureau Regulations Mean for Owner Financing in Colorado?
  • Owner Carry Financing in the SAFE Act and Dodd-Frank Act Era - Part II: Owner Carry Financing and Prepayment Penalties under the Dodd-Frank Act
  • Anatomy of a Loan Modification
  • The Statute of Limitations on Colorado Home Loan Defaults Probably Isn’t What You Think
  • Supreme Court Rules: Section 8 Doesn’t Regulate Fee Amounts
  • Owner Carry Financing in the SAFE Act and Dodd-Frank Act Era - Part I: Owner Carry Financing under the SAFE Act
  • The 2013 Medicare Tax and the Implications for Real Estate
  • Deficiency Suit Overview: What Happens to Debt Secured by Real Estate After A Foreclosure (or Short Sale)?
  • Compensation of Mortgage Loan Originators Under the Dodd-Frank Act - Part II: Questions and Answers about Lender-Paid Compensation
  • Compensation of Mortgage Loan Originators Under the Dodd-Frank Act - Part I: Brief Overview
  • Trial Court Purports to Regulate Brokerage Compensation under RESPA
  • Considerations before Walking Away From a Mortgage
  • Upside Down Homes in Insolvent Estates
  • Common Borrower Mistakes In Commercial Loan Workouts
  • Colorado’s SAFE Act: Fix and Flip Financing (When “and” Means “or”)
  • Colorado’s SAFE Act: Parents Making Mortgage Loans to Kids
  • License Requirements Loosened For Seller Carry Financing
  • When is a Sale Deemed “Closed?”
  • Home Affordable Foreclosure Alternatives Program (“HAFA”) When Mortgage Modification Isn’t Enough
  • Home Affordability Modification Program (“HAMP”) Lender Incentives to Modify Mortgage Payments
  • Short Sales: Best Option for Most, But Not All
  • Lenders and the Interstate Land Sales Full Disclosure Act
  • The Buzz about Busby Part II - Busby v. JRHBW Realty, Inc. d/b/a Realty South
  • What Real Estate Brokers Need to Know About Bankruptcy
  • Earn Commissions Helping Buyers Use Homestead Exemption
  • Collection Tools for Builders
  • Foreclosure Investors Not Exempted from FHA Seasoning
  • The Buzz about Busby - Busby v. JRHBW Realty, Inc. d/b/a Realty South
  • Good Faith in Commercial Debt Collection
  • Tax Benefits of Seller-Carry Financing
  • Loan Conditions Deadline? What Happened to Loan Approval or Loan Commitment?
  • How to Commit More Loan Fraud
  • HOA Super Liens
  • No Call List and Money Laudering
  • Short Pay-Offs and Redemptions
  • Limited Denial of Participation
  • How to Commit Loan Fraud
  • The Hidden Dragon of Imputed Depreciation
  • Who Can Lien On Whom?
  • Occupancy Agreements and Seller Carry
  • Loan Commitment Contingencies
  • Gambling on Loan Commitments
  • Tax Liens and Mortgage Lenders
  • Benefits of Seller Carry Financing
  • Deferred Like-Kind Exchanges of Real Property
  • Pitfalls of Installment Land Contracts
  • Clearing Erroneous Credit Entries
  • Judgments Need Not Always Be Paid Through Closing
  • Broker's Issues
• Foreclosure
  • Can I Negotiate a Deed in Lieu of Foreclosure for a Reverse Mortgage?
  • Left In The Cold? Rights Of Lenders, Heirs & Surviving Spouses Upon The Death Of The Reverse Mortgage Borrower
  • Colorado Court of Appeals Helps Clarify Lender Lien Priority Disputes
  • Anatomy of a Loan Modification
  • The Statute of Limitations on Colorado Home Loan Defaults Probably Isn’t What You Think
  • The“Produce the Note” Defense in Colorado
  • Homeowners Who Faced Foreclosure May Be Entitled to More Than $125,000 for Lender Abuses
  • What the National Mortgage Settlement Means for Colorado Homeowners
  • Deficiency Suit Overview: What Happens to Debt Secured by Real Estate After A Foreclosure (or Short Sale)?
  • Considerations Before Walking Away From a Mortgage
  • Upside Down Homes in Insolvent Estates
  • Common Borrower Mistakes In Commercial Loan Workouts
  • What Do I Need to Know to Bid at Colorado Foreclosure Auctions
  • Bid Rigging at Trustee Sales
  • Assignment of Redemption Rights in Colorado Foreclosures
  • Foreclosure Investing (In Colorado)
  • Home Affordable Foreclosure Alternatives Program (“HAFA”) When Mortgage Modification Isn’t Enough
  • Home Affordability Modification Program (“HAMP”) Lender Incentives to Modify Mortgage Payments
  • Short Sales: Best Option for Most, But Not All
  • Big Changes for Some Post-Foreclosure Evictions
  • Writing Offers For Investors In A New FPA Era
  • Good Faith in Commercial Debt Collection
  • Foreclosure Investors Not Exempted from FHA Seasoning
  • Foreclosure Evolution (Part II)
  • Foreclosure Revolution (Part I)
  • Short Pay-Offs and Redemptions
  • Foreclosure FAQs
  • HOA Super Liens
• Land Use
  • Considerations in Obtaining a Zoning Variance
  • What Property Owners Should Know About Zoning Violations
  • What Happens When Zoning Laws Change? How Can It Affect The Use of Your Property? Christopher D. Rottler
  • Colorado Water Law and the Residential REALTOR® Joseph Adams Cope
• Leasing
  • Can I Keep My Dog Even Though My Association’s Covenants Don’t Allow It?
  • Residential Evictions
  • Colorado License Law and Apartment Managers
  • Commercial Broker Liens
  • Big Changes for Some Post-Foreclosure Evictions
  • Subleases - Part II Dave A. Farus and Jonathan A. Goodman
  • Subleases - Part I
  • Landlord's Duty to Mitigate on Behalf of Defaulting Tenant
  • H.B. 08-1356 Landlord’s Statutory Warranty of Habitability
  • Limited Guarantees Jonathan A. Goodman
  • Discriminatory Impact - Part II
  • Discriminatory Impact - Part I
  • Discriminatory Impact
  • Medical Office Leasing
  • Occupancy Agreements and Seller Carry
  • Procuring Cause and Leasing
  • Liquidated Damages for Lease Breaches
  • Practical Pointers for the Landlord
  • Landlord Tenant Security Deposit FAQ
  • Someone We Can Lien On
• Real Estate Title
  • How To Own Residential Property With A Friend ... Do You Want A Court To Decide, Or Would You Rather Do It Yourselves? Karen J. Radakovich
  • C.L.U.E. Reports
  • Survey II
  • Survey I
  • The New Colorado Law on Trusts and Titles
  • Property Specific Exceptions
  • Marketability Issues of Titles Held by Trusts and Trustees
  • Plain Language Title Insurance
  • Contract FAQ: Formation & Title
• Real Estate General
  • Meth Labs and Properties for Sale
  • Denial of Coverage for Damage from the Great 2013 Colorado Floods
  • The“Produce the Note” Defense in Colorado
  • Homeowners Who Faced Foreclosure May Be Entitled to More Than $125,000 for Lender Abuses
  • What the National Mortgage Settlement Means for Colorado Homeowners
  • Late Registration for HOA’s
  • Map: Where Americans Are Moving published by Forbes.com
  • Where Americans Are Moving: Forbes.com Interactive Map
  • Don’t Paint Yourself into a Corner - The “Toxic Substances Control Act”
  • Traps of the Information Age: Blogs, Voice Mail and E-mail
  • How To Own Residential Property With A Friend ... Do You Want A Court To Decide, Or Would You Rather Do It Yourselves?
  • Commercial Architectural Plans and Copyright Law
  • The Real Estate Business And Trademark Law - Part II
  • The Real Estate Business And Trademark Law - Part I
  • What Brokers Should Know About Divorcing Couples, Part I
  • What Brokers Should Know About Divorcing Couples, Part II
• Supreme Court Rules: Section 8 Doesn’t Regulate Fee Amounts
• Trial Court Purports to Regulate Brokerage Compensation under RESPA
• The Buzz about Busby Part II - Busby v. JRHBW Realty, Inc. d/b/a Realty South
• The Buzz about Busby - Busby v. JRHBW Realty, Inc. d/b/a Realty South
• More on Affiliated Business Arrangements
• Affiliated Business Arrangements & Outsourcing
• RESPA Exception: Payment for Services Actually Rendered
• RESPA Exception: Affiliated Business Arrangements (ABA's)

COLORADO / FEDERAL STATUTES

• C.R.S. 37-60-126. 2005 Colorado Senate Bill 100: Homeowners Property Rights (PDF)
• Soil and Hazard Analyses of Residential Construction / Disclosure to purchaser - penalty: C.R.S.6-6.5-101(PDF)
• Meagan's Law (PDF)
• RESPA: Real Estate Settlement Procedures Act (PDF)
• Stigmatized Property (PDF)
• C.R.S. 12-61-203.5. Senate Bill 99-109: Referral Fees. Concerning Prohibited Activities in Connection With Real Estate Brokerage Relationships (PDF)

Disclaimer -- Content is general information only. Information is not provided as advice for a specific matter, nor does its publication create an attorney-client relationship. Laws vary from one state to another. For legal advice on a specific matter, consult an attorney.