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Denver Real Estate Law Blog

Commercial lease law: evolving and always complex

Are you familiar with the term "boilerplate?"

In the legal realm, that designation applies to some documents and agreements that can be repeatedly used in varied transactions with few - or even no - changes made to them. Any number of consumer contracts might reasonably come to mind. So too might select residential leases, which often contain terms and conditions that remain essentially the same for differing tenants.

A mechanic's lien is an important tool for subcontractors to use

Although it may sound like it would have something to do with a car, a mechanic's lien is actually what's used by building materials suppliers or subcontractors to ensure that they're able to recover costs at the end of a construction project. Because the use of the word "mechanic" is confusing, many also refer to this as a materialmen's lien.

During remodels, the general contractor is generally the party responsible for ensuring that all his or her subcontractors get paid at the end of a job. If they don't, then supplier of materials or labor can place a lien against a homeowner's property to recover what they're owed.

4 tips for purchasing a vacation home

You're in a fortunate position where you have the money, and time, to purchase and use a vacation home. It's your goal to buy a home that increases your net worth along with becoming a source of income. You want to rent it out when you're not there, so you can have an additional income.

Buying a vacation home that will do everything you want it to do isn't as simple as purchasing something you like, though. There are several things to consider before you make a decision. Here are four tips to help.

Negotiating can help you minimize rental costs

If you have decided to rent a property, you know that a strong economy and fewer homes on the market mean that demand is high and supply is low. That means it's more likely you will face rent increases in the near future.

Fortunately, there are some ways you can protect yourself and keep your rent at the same rate you want.

Dealing with defects in real estate transactions

Real estate transactions can be tricky, and there's always a potential to find out that the home you purchased was not what you expected. Today, people can avoid trouble from purchases by opting for agreements in which they have an opportunity to have an inspection and then to accept the state of the home, to reject it or to seek repairs.

In the past, the risk of defects in a home fell on the buyer, but since that was seen as unfair, the laws changed. Now, in contracts where the seller agrees to provide a Seller's Property Disclosure, the seller needs to disclose known defects to the potential buyer. Buyers are expected to use an inspection to look for damage, and the seller is supposed to disclose this disclosure form any and all defects on the property that he or she knows about.  

Does the Tax Cuts and Jobs Act change investing strategies?

With new tax laws emerging, more people are asking if real estate investing should also change. Investment strategies often consider tax laws, and with changing tax laws, it can be hard to know what exactly you need to do to keep your investments safe.

The Tax Cuts and Jobs Act is creating uncertainty when it comes to investment strategies, but it's believed that it will encourage investor opportunities, especially in the commercial sector. There are tax incentives that aim to make real estate more attractive as an investment option.

What should you think about when choosing a retail location?

If you're trying to choose a retail store location, it's a good idea to think about a few different things. You should consider your preferred customer base. Will the store be convenient to your target customers, and will the store's exterior and interior be visually appealing to them? Also consider what you'll be selling and how much space you need to do so.

The reason you need to consider these things is that not doing so can end up coming back to haunt you. You could choose a space too small for your needs or end up with a location that isn't in the right part of a city or town to reach the customer base you wanted. For instance, if you were looking for a teen audience, then you might want to place your business near the school instead of near an area where there are primarily renters or college-aged adults.

3 reasons to survey your property

Most people think they know where their front and back yards begin and end. Most people think they know who is allowed to enter and exit their property lawfully. The problem is, they might not be correct if they haven't had a surveyor professionally survey their property.

If you haven't used a surveyor to review the property your home sits on, you might want to consider doing it before a property dispute arises. Here are a few of the most important reasons why:

Are you stuck in a commercial lease?

There's nothing worse than being stuck in a commercial lease for an unprofitable business that isn't generating enough income to pay the bills. If you're in a situation like this, the future of your business could depend on your getting out of your commercial lease. Here are a few tips that could help you:

Get familiar with the lease contract

Will homes near public transportation decline in value in Denver?

Have you ever noticed that homes close to the Denver Light Rail system are more expensive than other residences? Being close to a public transportation point is valuable due to the convenience and money-saving aspects of having easy access to public transport. It just makes going to work at the Denver Tech Center and heading to the Denver International Airport that much easier. This is why homes found along any light rail corridor in Denver have historically been more expensive.

The same story was true in San Francisco. Homes with easy access to public transportation won a 20 percent premium on their values. However, the situation is changing in San Francisco as a result of ride hailing apps like Lyft and Uber. According to real estate experts from the San Francisco area, once-desirable neighborhoods with public transportation access are now losing a bit of their appeal because people have other options for getting to work.

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