Seeking to Minimize Environmental Liability in Real Estate Investment? CERCLA Liability and Defenses

Potential releases or threatened releases of hazardous substances can subject a landowner to significant environmental liability, so it is crucial to identify potential hazards before investing in commercial real estate. Under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), there is broad discretion as to who can be a responsible party of environmental hazards. Fortunately for real estate investors, the Environmental Protection Agency has identified steps that can be taken to minimize environmental liability.

Let the Buyer Beware: New Build Purchase Contracts

Builders of new construction are not required to use the Colorado Real Estate Commission form contract (“Colorado Form Contract”). The Colorado Form Contract is required to be used by real estate brokers in the transaction for previously owned homes to protect buyers and sellers from common disputes that arise in residential real estate transactions. Because these contracts are usually written by the builder’s attorney in the builder’s favor, the buyer is well advised to have their attorney review any contract for the purchase of new construction.

A Second Set of Eyes Never Hurts: An Attorney’s Role in a Colorado Real Estate Purchase Contract

For many, purchasing a home is the largest transaction a person enters in their life. With real estate brokers, appraisers, mortgage lenders, and sellers all feeding you information during the home purchase process, you may resist adding attorneys to the mix. However, this blog explains why having an attorney quickly review your purchase contract in a Colorado home sale might save you time, money, and stress in the long run.

Your Parents Didn’t Lie! Honesty Really is the Best Policy - the Seller's Property Disclosure Form

The idea behind property disclosures is to ensure that a buyer knows what they are purchasing. A seller of real estate cannot be deceitful when attempting to sell a property. A buyer must know what “as-is” means before purchasing a property. For example, if a seller knows about a sewage repair that needs to be made on the house, this must be disclosed. It is unfair for a buyer to have to purchase a house without knowing about the mess that needs to be cleaned up. Honesty is the best policy for sellers and buyers when purchasing real estate in Colorado.

It’s Dim Witted to Not Get Limited: Why You Should Start an LLC for Your Investment Properties

Do you own multiple investment properties in the Denver/Boulder area or thinking about starting to invest in real estate? If so, you may want to consider forming an LLC to limit your liability and to protect your personal assets. Since 2016, GLO has specialized in helping people along the Front Range form LLCs to invest in Colorado real estate.

Not Interested in Usury? A Crime of Biblical Proportions

Are you a lender or creditor looking to extend a line of credit for the investment of Colorado real estate in Denver, Boulder, Adams or Arapahoe County? Have you borrowed money for your Colorado small business? If so, you want to be familiar with Colorado’s usury laws that prohibit excessive interest rates. This blog analyzes Colorado’s usury law regarding nonconsumer (business) loans so you can ensure your loan complies and doesn’t have an illegal, excessive interest rate.

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