Colorado Real Estate Law
Every parcel of land is unique, Sportsmen’s Wildlife Defense Fund v. US. Dept. of Interior, 949 F.Supp. 1510, (D.C. Colo. 1996), and problems associated with it are challenging extensions of that uniqueness. The challenge to lawyer and client is to address potential problem areas in contract drafting, identify remedies in existing contracts, and develop effective courses of action to resolve contract disputes and adverse impacts on real estate and improvements on it.
Experienced real estate law attorney
We assist clients with a wide array of simple and complex real estate transactions, including contract negotiation and preparation and contract review and revision of all types of real estate contracts. We draft buy / sell agreements, deeds of trust, promissory notes and leases, and advise clients who have title defects. We also represent clients in boundary disputes, easement matters, and claims involving environmental contamination.
Other areas affecting real estate law
In addition to handling basic real estate transactions, we represent property owners, builders, real estate developers and contractors who are facing expansive soil related legal matters. We also advise clients in real estate matters involving design defects, contractor /subcontractor negligence, and other construction professional malpractice lawsuits.
Like-Kind Exchanges. Like-kind exchanges of real property allowing a seller to defer tax on a substantial gain under Section 1031 of the Internal Revenue Code remain a tax-savvy way to take on a more appropriate investment. For example, an investor may exchange a valuable but underdeveloped real estate parcel for a fully-developed property producing better income and defer paying tax on the gain until the property received in the exchange is sold. We can assist In guiding clients through this complicated procedure. Caveat: 1031 Exchanges are coming under fire from Congress to limit the annual gain deferred to $1 million per year and possibly repeal non-recognition of gain for like-kind exchanges altogether. Seek the guidance of real estate and tax counsel regarding the continued viability of this important section of the Internal Revenue Code.
Residential Tenant Protection and Tenant Obligations. Under Colorado law, every rental agreement is deemed to warrant, whether expressly stated or not, that the residential premises are fit for human habitation. CRS 38-12-503. A residence is deemed uninhabitable if it lacks any of the eleven listed defects or if it is otherwise unfit for human habitation and is in a condition that is materially dangerous or hazardous to the tenant’s life, health or safety. A landlord will be held in breach of its warranty if it is provided with written notice of the proscribed conditions and has failed to cure the problem within a reasonable time. A tenant, upon providing the landlord with five days written notice thereafter specifying the breach and landlord’s failure to remedy the breach or pay damages, may terminate the rental agreement by surrendering possession.
The tenant has statutory obligations, in addition to those imposed under a rental agreement, to use and maintain the premises and its facilities in a reasonably clean and safe manner, and to notify the landlord if the premises are uninhabitable are likely to become uninhabitable if a condition is not remedied.
Put experience to work for you
At the offices of Harmon S. Graves, P.C., we have over 50 years of experience handling a variety of real estate law matters. Contact our office to schedule a free 30-minute consultation to discuss your real estate issues.