Legal Updates

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Colorado Possible Real Estate Effects of Quarantines due to COVID-19

March 18, 2020 These are unprecedented times for consumers and the real estate industry.  The Colorado real estate form contracts do not expressly address situations like this.  No one in the industry has experienced a similar event on such a scale. Nevertheless, CRES and our Colorado attorneys are analyzing the situation to anticipate legal andRead More

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Colorado Office Closures and Transaction Delays due to COVID-19

March 18, 2020 Although Colorado real estate form contracts do not expressly address situations like COVID-19, there are ways to handle effects on real estate transactions.  CRES and our Colorado attorneys are analyzing the situation to anticipate legal and practical challenges that face real estate professionals and consumers.  Here are some insights and thoughts: BrokersRead More

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Source of Income Discrimination in California

Under California and federal law, it is illegal for a landlord or residential rental housing provider to discriminate against a person because of the person’s disability, religion, ethnicity, sexual orientation, race, marital status, religion, ancestry, or source of income for the rental.  California’s Legislature has declared that the opportunity to seek, obtain and hold housingRead More

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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

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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

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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

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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

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“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

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