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Real Estate Transactions & Litigation
Our Boulder-based lawyers have significant experience in residential and commercial real estate transactions, disputes, and litigation in Colorado.
As real estate lawyers we regularly draft and review contracts to buy and sell real estate, deeds, financing documents, title policies, and related documents, and advise clients concerning how property should be titled (joint tenancy, tenancy in common, LLC, partnership,etc).
We also review and draft listing agreements, disclosures, sales agreements, purchase options, title insurance policies, easement deeds and agreements, closing instructions, settlement statements, promissory notes, deeds of trust, deeds, and association declarations and covenants, and advise clients concerning these documents. As experienced Boulder real estate lawyers we are also well versed in negotiating and reviewing commercial and residential leases, and in litigating commercial and residential lease disputes.
Any party to a real estate transaction can reduce the risk of disputes by consulting qualified counsel at the outset. The time to hire a real estate lawyer is before you sign the transaction documents. Though TCLG strives to help clients avoid litigation by practicing Preventive Law, we prosecute and defend a wide range of Colorado real estate actions including contract disputes, lien foreclosures, and quiet title actions.
Mountain Properties & Easements
Because we maintain an office in Nederland in addition to our office in Boulder, our firm is thoroughly familiar with the many issues that are often associated primarily with mountain properties, and provides service to mountain clients from Estes Park, Allenspark, Jamestown, Ward and Fort Collins in the north, and south to Coal Creek Canyon, Gilpin County, Black Hawk, Central City, Clear Creek County, Evergreen, Idaho Springs, and Georgetown. Issues often associated with mountain real estate include:
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Boundary disputes
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Mining claims
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Prescriptive easements
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Adverse possession
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Easements implied by prior use
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Easements by necessity
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Easements by estoppel
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Rights of way
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Private condemnation of easements
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Road maintenance Agreements
Broker Issues / Commission Disputes
TCLG represents a number of real estate brokers along the front range and one mortgage brokerage firm with offices in Denver and Fort Collins, and consequently we are fully competent to advise and assist real estate and mortgage brokers in particular transactions and in connection with issues pertaining to their businesses including commission disputes. Our lawyers are well versed in the rules of the Colorado Division of Real Estate and the Real Estate Commission.
Construction Law and Litigation
TCLG represents owners, contractors, and subcontractors in construction disputes and construction defect and warranty claims. In 2006, Mark Cohen successfully represented a subcontractor in a two-week long jury trial in the Jefferson County District Court arising out of the failure of a retaining wall. In another case he obtained a six-figure arbitration award against a Denver building company, and when the builder was unable to pay the judgment, Mr. Cohen successfully brought suit against the owner of the company in his personal capacity and won a jury verdict that included punitive damages.
As experienced Colorado construction lawyers we work hard to draft construction documents that are both thorough and easy to understand. We strive to help our clients understand the legal implications of specific contract provisions. We are familiar with the construction documents offered by the Associated General Contractors of America (AGC) and the American Institute of Architects (AIA).
Many construction contracts include an arbitration clause, and TCLG is thoroughly familiar with the Construction Industry Arbitration Rules of the American Arbitration Association. We have represented clients in construction arbitration actions before the AAA and in voluntary mediation conducted by an agreed upon mediator.
Visit our Construction Law and Litigation page to learn more about our Construction Law Practice
Mechanic’s Liens and Other Liens
Because we represent a distributor of heavy equipment and several general contractors and subcontractors, we are fully experienced in mechanic’s liens, lien foreclosures, surety bonds, enforcement of lienholder’s rights in bankruptcy, and Colorado's statutes governing excessive or spurious liens. We draft notices of intent to lien, lien statements, and related documents. We are also familiar with the Colorado Department of Transportation (CDOT) contracting process and the statutes governing liens on CDOT and other state projects.
When we represent contractors, subcontractors, and suppliers we work to educate them concerning the mechanic's liens laws so that they understand what they must do to preserve their ability to take advantage of those laws. The firm can also advise and assist property owners seeking to resolves lien disputes and/or have spurious liens declared invalid.
While the mechanic's lien may be the best known statutory lien in Colorado, Colorado has other statutory liens that may attach to real or personal property. TCLG is familiar with these and can advise clients concerning the availability of these remedies.
Condominiums and Homeowners Associations
TCLG advises and assists clients in condominium development projects, condominium conversions, and in the creation of common interest communities and related Homeowners Associations. The firm’s lawyers can prepare all legal documents required to create a condominium or common interest community:
Condominium Declarations
Condominium Bylaws
Declarations and Covenants
HOA Bylaws
HOA Rules and Regulations
Liens for Assessments
We are thoroughly familiar with the Colorado Condominium Ownership Act and the Colorado Common Interest Ownership Act.
We represent several mountain homeowners associations, and Mark Cohen has also successfully represented property owners in disputes with homeowners associations.
Leases & Related Litigation
As commercial lease lawyers we draft, review, and negotiate commercial leases, and litigate disputes arising out of them. "Landlord/Tenant" law may not sound exciting, but for any organization leasing space the lease is a critical document. Too often tenants sign a commercial lease, some as long as forty pages, without having a lawyer review the lease and sometimes without even understanding some of the provisions in the lease. Even some landlords and property managers are guilty of this. This is penny-wise and pound foolish. We know because we have litigated issues that might have been avoided had our client sought our services before signing the lease.
A lease is about much more than the amount of rent to be paid. Issues to consider in leases include:
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Use of the premises
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Construction
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Utilities
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Real estate taxes
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Insurance
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Indemnification
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Common areas
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Repairs and alterations
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Assignments
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Subleases
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Subordination
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Damage
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Condemnation
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Remedies
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Dispute resolution
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Signage
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Purchase options
A lease is not a one-size-fits-all document. Different clients have different needs. Some statutes may be applicable in one industry, but not in another. We will draft a lease that meets your needs, and if you already have a lease template we can improve it. Although we hope a well-written and thorough lease will prevent disputes, we are fully competent to represent clients in lease disputes that result in litigation.
Home Inspection Law
TCLG represents the International Association of Certified Home Inspectors (“InterNACHI”), a trade association recognized under Section 501(c)(6) of the Internal Revenue Code. Consequently, the firm is familiar with all aspects of home inspection law, including the standards of practice of the major trade associations, common contract provisions, state licensing laws, and trends in legislation.
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