Don’t Scare, But Be Aware of Colorado’s Lead-Based Paint Disclosure Requirements

The Colorado Real Estate Commission (“CREC”) has ensured that residential Sellers and Buyers abide by the Lead-Based Paint Disclosure federal regulation by including a lead-based paint provision in Section 10.10 of the CREC approved Contract to Buy and Sell Residential Real Estate. It is important to note that changes to the Contract were made effective on January 1, 2019. The changes to Section 10.10 of the Contract now allow Buyers to “waive the failure to timely receive the Lead-Based Paint Disclosure,” if the Buyer does not timely receive such disclosure.

Honesty Really is the Best Policy - the Seller's Property Disclosure Form: Discharging Seller's Duty to Disclose

The idea behind property disclosures is to ensure that a buyer knows what they are purchasing. A seller of real estate cannot be deceitful when attempting to sell a property. A buyer must know what “as-is” means before purchasing a property. For example, if a seller knows about a sewage repair that needs to be made on the house, this must be disclosed. It is unfair for a buyer to have to purchase a house without knowing about the mess that needs to be cleaned up. Honesty is the best policy for sellers and buyers when purchasing real estate in Colorado.

Buying Colorado Real Estate - an Attorney’s Role

For many, purchasing a home is the largest transaction a person enters in their life. With real estate brokers, appraisers, mortgage lenders, and sellers all feeding you information during the home purchase process, you may resist adding attorneys to the mix. However, this blog explains why having an attorney quickly review your purchase contract in a Colorado home sale might save you time, money, and stress in the long run.

Selling Colorado Real Estate - an Attorney’s Role

For many, purchasing a home is the largest transaction a person enters in their life. With real estate brokers, appraisers, mortgage lenders, and sellers all feeding you information during the home purchase process, you may resist adding attorneys to the mix. However, this blog explains why having an attorney quickly review your purchase contract in a Colorado home sale might save you time, money, and stress in the long run.

Statement of Authority: Holding and Conveying Real Property in Colorado

A Statement of Authority vests an individual with unambiguous authority to hold and convey real property on behalf of an entity. Under Colorado law, an entity includes any corporation, government or governmental subdivision or agency, business trust, estate, trust, limited liability company, partnership, association, or other legal entity. Entities are allowed to hold and convey real property in the entity name in Colorado which is helpful for business versatility and estate planning.

Seeking to Minimize Environmental Liability in Real Estate Investment? CERCLA Liability and Defenses

Potential releases or threatened releases of hazardous substances can subject a landowner to significant environmental liability, so it is crucial to identify potential hazards before investing in commercial real estate. Under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), there is broad discretion as to who can be a responsible party of environmental hazards. Fortunately for real estate investors, the Environmental Protection Agency has identified steps that can be taken to minimize environmental liability.

A Second Set of Eyes Never Hurts: An Attorney’s Role in a Colorado Real Estate Purchase Contract

For many, purchasing a home is the largest transaction a person enters in their life. With real estate brokers, appraisers, mortgage lenders, and sellers all feeding you information during the home purchase process, you may resist adding attorneys to the mix. However, this blog explains why having an attorney quickly review your purchase contract in a Colorado home sale might save you time, money, and stress in the long run.

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