Real Estate Law in Fort Collins, CO
What Is Real Estate Law?
Are you getting ready to purchase or sell some property? Are you involved in a property or real estate dispute? Or, maybe you are having trouble getting your landlord to make repairs to the home? Whether or not you are a property owner or tenant, you have rights under Fort Collins, Colorado real estate law. Developers, property managers, and investors can also face property issues. Common reasons for this include property rights, access, liabilities, and more. These matters are complicated, so the best first step is to seek the counsel of a qualified Fort Collins real estate attorney.
Types of Real Estate Law Disputes
Disputes involving real estate are very common and some of them are quite complex. They often require the intervention of the courts. The courts are seen as the most biased party to weigh in fairly. Learn more about the different types of real estate disputes below.
Escrow Deposit
If you decide to purchase any Fort Collins property, there are certain steps all involved parties must take. One is having an escrow account. A common reason escrow disputes occur is when the closing process fails and the buyer and seller cannot agree on what happens with the funds.
Easement Real Estate Dispute
Easement disputes are one of the most common forms of real estate disputes between neighbors, especially when property ownership changes. An easement allows other people or parties access to use certain portions of your property. Easements are not always granted by a property owner. Information regarding easements is often included in Fort Collins, CO property deeds. Regardless of the reason for the dispute, the resolution often involves hiring an experienced real estate law attorney. Still, one step you can take to resolve the matter before pursuing litigation is talking amicably with the other party.
Fraud/Omissions
Some unscrupulous sellers try to take advantage of buyers by withholding information. Ultimately, they may do this to impact the outcome of the transactions and future ownership. Proving fraud in a real estate transaction can be an uphill battle. It is almost always necessary to work with an experienced Fort Collins real estate lawyer to straighten things out.
Under Colorado statutes, Fort Collins property sellers must disclose certain information about the property to the buyer. For example, the seller must inform the buyer of special taxing districts, prior use as a methamphetamine lab, and all potable water sources. Furthermore, if the seller uses the services of a real estate broker, a Seller’s Property Disclosure Form is mandatory. In addition to the statutory requirements, multiple Colorado court rulings create a duty for the seller to disclose all known, latent defects prior to the sale.
Contract Breaches
No Fort Collins, Colorado real estate transaction is enforceable without a contract. Not all contracts are valid. The requirements for what to include in a valid real estate agreement vary from state to state. However, documents that are missing certain elements or contain unclear or confusing language and in which one party breaches often result in real estate disputes between sellers and buyers. Real estate contracts are enforceable documents. You should never enter into a real estate transaction in Fort Collins without a valid mutually beneficial contract.
Landlord/Tenant
Disputes often arise when Colorado landlords and tenants cannot agree on repairs, rent arrears, and more. Fort Collins, CO tenant and landlord laws are very complex and failure to adhere to them can cause either party to violate the rights of the other. Not only is a valid rental agreement crucial, so is having good legal counsel.
Colorado’s Property Code contains a landlord and tenant section that applies to Fort Collins rental agreements. These laws set parameters for security deposits, rent increases, and notification times. In addition, they require Fort Collins landlords to maintain the premises in a habitable condition. Similarly, tenants have a duty to keep the property clean and avoid damage. In addition to the state laws, Fort Collins properties must also meet housing requirements under city ordinances.
Boundary Lines
Property line disagreements usually occur when adjoining Fort Collins, CO property owners do not respect property boundaries. Sometimes this is due to a valid misunderstanding between neighbors. Not all property lines are easy to define and property records are not always accurate or easy to understand. Usually, disagreements arise because of fencing, trees, and other boundary line concerns. Though some Colorado property owners feel they can take matters into their own hands, doing so could cause more problems. Court intervention is typically the best way to identify and enforce property lines.
Ownership
Ownership issues are common when an owner verbally transfers ownership without documentation. These disputes often happen when someone bequeaths their real estate to another without going through the proper process. Or, there can be other parties with ownership rights, such as certain lien holders.
Determining the rightful owner of a property in Fort Collins is not always easy. Many factors and issues can arise when disagreements over real estate exist.
Liens
Liens can impact your ability to own property or land free and clear. It is possible to sell a property that has liens on it. However, some liens can diminish a property’s sale price. Also, in many cases, liens must clear before securing a mortgage or financing.
Under Colorado legislation, your Fort Collins real estate is subject to a lien as soon as any Colorado court issues a judgment against you. However, the lien does not attach to your property until the creditor files the judgment with the Larimer County Recorder. Keep in mind, however, that Colorado’s homestead exemption applies to liens on your primary residence. Liens can remain on your property for 6 years after the judgment date.
What Should You Do If You Become Involved in a Real Estate Dispute In Fort Collins, Colorado?
If you have a real estate issue in which you feel your rights are being violated, or there is a specific issue that has you and another party in disagreement, you may want to speak with a qualified Fort Collins real estate lawyer. Regardless of the issues involved, you can benefit from having legal guidance.
Learn About Real Estate Law
Fort Collins real estate law is quite complex. It is important for you to learn as much as you can about how real estate law applies to your circumstances. Your lawyer will help you to understand what’s at stake and develop a plan of action that helps protect your real estate rights.
Work With an Experienced Real Estate Attorney In Fort Collins, Colorado
Real estate disputes make up the majority of litigation cases. Not all issues require you to go to trial. You should work with an experienced Fort Collins lawyer who has the knowledge and experience to get you the resolution you seek. Depending on your disagreement, the courts may include financial compensation and injunctions to prevent retaliation or recurring issues.
Get the legal help you need now. We help Colorado landlords, renters, property and more resolve their real estate litigation. Additionally, we can even help you connect with an attorney across Colorado state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
