OK, here I am, back from my annual Real Estate Symposium and feeling pretty current on case law, legislative updates and changes to the Colorado real estate commission forms. That is all well and good, right, but what about the quirky stuff, you say? Well, how about this:
No wonder real estate litigation, and appellate cases are abundant. We’re functioning in the 21st century with 19th and early 20th century real estate laws still controlling the land. (No pun intended.)
- In 1861, before Colorado was even a state, the First Session of the Legislative Assembly of the Territory of Colorado passed a set of real estate laws. The laws covered the most basic issues of conveyance, dower, joint tenancy, acknowledgments, fraudulent conveyances and, of course, real estate taxes.
No wonder real estate litigation, and appellate cases are abundant. We’re functioning in the 21st century with 19th and early 20th century real estate laws still controlling the land. (No pun intended.)
- If you are the developer of a one hundred plus unit condominium project, guess what your chance is of being sued? 15% 25% 50%? Nope. It’s a whopping 85%!! Unlike other types of construction in Colorado, residential construction is subject to claims of negligence, implied warranty of habitability and deceptive trade practices.