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Denver Real Estate Law Blog

Residential construction defects: sources and remedies

The purchase and construction of a new home in Colorado is obviously a big deal. A residential transaction is a once-in-a-lifetime experience for many buyers and the single largest financial outlay they will ever make.

It needs to be done right. That is a given, of course, but the high numbers of construction defect cases that arise each year across the country underscore that a buyer’s reasonable expectations aren’t always met.

Preventing a quiet-title action before your sale

Selling a piece of real estate, whether large or small, is an important matter for businesses and individuals alike. Perhaps the most important part of the transaction is ensuring that the seller of the property has clear title. In other words, the seller has all the rights of ownership needed to convey the property as advertised.

Questions about ownership often come up when the property is being sold because a title company performs a title search and sometimes requires a survey. If they find a defect in the title, the seller may have to bring a quiet-title action in district court to settle the matter before the sale can take place.

Present business environment invites focus on interest rates

Real estate-minded Colorado entrepreneurs, company owners and investors know that the current business environment is active and churning with possibilities. Regular readers of our blog at O'Brien Legal Services LLC in Denver certainly know that, given several of our entries that have recently underscored the Colorado commercial market's dynamism (please see our September 7 post, for example).

The country's broad-based economic growth over the past couple years obviously buoys financial regulators, yet concerns them a bit as well. As a recent business piece notes, "When the economy booms, it runs the risk of inflation."

Five things to ask before you buy a condo

Buying a condo provides many of the benefits of buying a home and eliminates some of the drawbacks. You own the space, so you have the privacy and financial benefits of owning a home. However, you are not responsible for all the maintenance involved in home ownership. For many people, purchasing a condo makes good sense.

Before you decide to move forward with a condo purchase, you will want to make sure you understand all the fees and rules involved in buying into that condo association. Here are five questions to ask before you buy a condo.

Report stresses upsides for buyers in Denver residential market

Wax and wane. Advance and retreat.

That seems to be material gist – the bottom line, if you will – in the most recent report authored by the Denver Metro Association of Realtors concerning the state of the city’s residential housing market.

Settling construction disputes: arbitration as courtroom alternative

A bullet-point list of problematic issues that can arise during the course of construction transactions is decidedly lengthy. Construction principals are many and diverse (ranging from buyers and sellers to lenders, contractors, architects and more). Projects typically face time constraints. Contracts are complex and lengthy. And money is understandably a key concern.

Even when a construction project is completed, various disputes can arise. Indeed, many alleged breaches of contract and other cited problems occur during the post-transaction stage.

A bit of realty-linked alphabet soup: HOA CC&Rs

For readers of our Denver real estate legal blog who might be unfamiliar with the acronyms in the above post headline, we'll quickly spell them out: homeowners association covenants, conditions and restrictions.

If you're just looking into a Colorado purchase in a planned-development neighborhood as either a family home or investment property, you might reasonably have never heard of CC&Rs. If, however, you're a seasoned member in such a community, you might be able to recite a few provisions applicable to them verbatim.

A title review's importance for a property buyer

Many prospective buyers of Colorado residential or commercial property might underestimate the importance of thoroughly vetting title-linked issues prior to a closing, being understandably focused on many additional matters.

After all, there is a lot to think about concerning any real estate purchase. Some buyers simply assume that a transfer of title is a routine final act of a transaction where all material matters have already been addressed and dealt with.

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