With economic slowdown caused by the Coronavirus-19, many commercial tenants are asking if they can  use the Force Majeure (i.e. act of God) language in their lease to stop paying rent for a period of time.  Check out what real estate attorney Eric L. Nesbitt has to say about this issue in our latest Youtube […]

Are you a Denver homeowner who is considering putting your home on the market? Maybe your house is already for sell? It is important to know that when you are selling a home, you and your real estate broker have a duty to disclose adverse material facts to prospective property buyers. Disclosures allow buyers to […]

Denver area property owners should remain aware about the dangers of violating the city’s short term rental ordinance. The city has been cracking down on property owner’s who aren’t vigilantly following the rules laid out in the short term rental ordinance. Read the following article for more information: A Denver couple has been charged with […]

David, a real estate investor, calls his lawyer. David relates that he found a property that he thinks is at a low but predicts the price will soon soar. To finance the purchase of the new property, he wants to sell a different investment property, which he just purchased a year ago. Since the purchase, […]

Even the most amicable divorce can be an emotionally trying experience. A once happily married couple now finds themselves at odds and enduring the difficult task of dividing up their once shared property. Suppose the parties agree to an arrangement to divide the property, per the divorce settlement. Say the parties own real property and […]

The Colorado real estate market is hot. Prices are soaring, even in areas that were “left for dead.” In such a hot market, it is common to have a contract with a second buyer that is contingent on the deal falling apart with a first buyer called a backup contract. That is to say, a […]

Transferable Development Rights, Part II According to reports, part of why the city of Houston has been so devastated in the wake of Hurricane Harvey is because of the discrepancy between the city’s depression-era water and flood system and its modern-day buildings. While the city of Houston, with its large population, aggressively sought to be ranked as a […]

During the Great Recession of 2007-2009, a slew of houses across the country fell into foreclosure. The foreclosure epidemic triggered an avalanche of defaults in the financial and other sectors. In turn, there was financial chaos. The foreclosures triggered blight wherein dark, unkempt houses dotted cities across Colorado. This further contributed to the difficult economic […]

Withhold Rent in Colorado Colorado landlord/tenant law was designed to protect both landlords and tenants who engage in a deal. While the initial purpose of the rental is presumably for the benefit of both parties, misunderstandings, disputes, and the like can and do occur. One party may not be living up to its obligations. With […]

The tort of slander of title, codified under the Colorado Code, takes on many forms. It can be similar to libel in that it someone defames property that leads to some sort of damage. In addition to basic libel, the tort of slander of title includes various claims against a property that are untrue. These […]

When the government wants to build a highway, school, or other piece of infrastructure, it has the legal right to take your house and pay you fair market value so that it can do those things. Article II, Section 15 of the Colorado Constitution provides: “Taking property for public use compensation, how ascertained. Private property […]

Often, a person will draft a will that devises, upon his or her passing, that property or properties will go to his or her heirs as “joint tenancy with the right of survivorship” or similar language. Per the joint tenancy and per Colorado law, each heir owns an undivided interest in the entire property in common with the […]