Legal Updates

Gavel and law books

Broker Beware: Colorado Short-Term Rental Regulations

“There is [Absolutely No Other] Place Like Home.” Denver, like many cities across the U.S., prohibits individuals from operating “any short-term rental in the City and County of Denver without a license.”  Denver Municipal Code further states that it is unlawful “to operate a short-term rental in any location that is not the applicant’s primaryRead More

cannabis plant

How to Manage Your Risk When Dealing with Real Estate Sellers, Buyers, or Tenants Involved in a Cannabis Business

It’s important for real estate professionals to understand the implications of a cannabis business whether you’re representing the seller, buyer, or a tenant.  (See our related post on property managers and cannabis businesses.) Your role isn’t to provide legal or tax advice, but to understand when you might need to refer your client to anotherRead More

gavel with law books

Lost Mineral Rights Claims On The Rise in Colorado

Real estate brokers in Colorado increasingly face lawsuits filed by sellers who have unintentionally contracted away their mineral rights when they intended to only sell the surface property rights.   The most common scenario is where the seller tells the listing broker about the intent to reserve the mineral rights.  However, when the deed isRead More

hand hammering nail into roof shingle

Roofing Scam Alert

Real estate brokers, beware of a fraudulent scheme involving listed vacant properties. Here is the scenario. Acting as the property owner or an agent of the listing office, the scammer contacts roofers asking for a quote to replace a roof. The scammer explains that the roof is covered by insurance, and the roofer agrees toRead More

Flooding House representing California special flood zone notification

Now Prospective Tenants Must Also Be Informed if a Property is in a Special Flood Zone

Changes in California Law: Disclosure Requirements Flood Zones California’s legislature within the past year made the following findings and declaration: (a) In February 2017, several neighborhoods within the City of San Jose experienced severe flooding that forced the evacuation of 14,000 residents and caused significant damage to public and private property throughout the city. ARead More

forest wildfire

“My Client’s Home Was Destroyed in the Wildfires – Now What?”

In early October 2017, a series of 250 wildfires started burning throughout Northern California, bringing terror and destruction to the region. The wildfires broke out throughout Napa, Lake, Sonoma, Mendocino, Butte, and Solano Counties. These fires included the Tubbs Fire (which grew to become the most destructive wildfire in the history of California), the AtlasRead More

residential swimming pool

2018 Swimming Pool Inspection Law – California

The California Senate Bill 442 was passed,  signed by the Governor, and codified as Business and Professions Code, Section 7195, effective January 1, 2018.  This Statute provides standards for new residential swimming pools and spas, or any remodeling of an existing pool or spa.  The new law requires at least two of the seven drowningRead More

man surprised with hand on head

Dealing with Malicious Acts by Tenants – a Guide for Property Managers

It’s every property manager’s and property owner’s worst nightmare —  when a tenant does malicious damage. This is why it’s important to know what the liabilities are, and what you can do to reduce your risk of a lawsuit. Not only does it allow you to protect your clients by offering sound advice, but itRead More

buyer signing disclosure

Disclosing and Documenting Before Closing

Document All Client Advisories about Third-Party Experts Do you advise your clients in writing to consult with third-party experts before closing? And if you do, do you document it in the client’s file? If you want to reduce your risk of a real estate lawsuit, the answers should be yes and yes. I’ve defended manyRead More

real estate agent writing contract

How to Ensure Offer Terms Survive the Real Estate Closing: the Doctrine of Merger

Errors and Omissions claims against real estate agents or brokers are often based  on the Purchase Agreement and Sales Disclosures. Clients who feel their interests were not adequately protected often turn to filing a claim against their agent or broker. Often, claims arising from the Purchase Agreement are based on a legal concept called theRead More

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