
BLOGS
Sharing Is Caring: Understanding Party Wall Agreements and the Rights of Adjoining Homeowners
For homeowners buying or selling a property with a shared wall or roof—such as in a duplex, townhome, or other attached dwelling—there may be legal responsibilities that extend beyond the boundaries of the individual unit. Properties that share structural features, commonly referred to as Party Walls, often require owners to coordinate on issues like maintenance, repair, and access. These responsibilities should be clearly defined and addressed in a Party Wall Agreement.
Understanding the legal obligations and responsibilities created by a Party Wall Agreement is essential to ensuring your transaction is completed smoothy, you protect your investment and minimize future conflicts.
3 Common Issues in Real Estate Transactions: the Home Inspection, Earnest Money, and Party Wall Agreements.
Are you planning on buying a home in the Denver/Boulder area? Do you know how to navigate through inspection resolutions, earnest money, and party wall agreements in Adams or Arapahoe County? Purchasing real estate in Colorado can be a long and stressful process, but GLO is here to help. This blog guides you through these residential purchase issues so you can be closer to owning your own home.
Colorado’s Standard Residential Buy Sell Contract Made Easy
Are you buying or selling a home on the Front Range? The Colorado Real Estate Commission requires all real estate brokers use a standard contract for the buying and selling of a home. Thus, you should read this blog to become more familiar with this contract before buying or selling your Colorado home.
Seller Financing in Real Estate Transactions: A Seller’s Options when the Buyer Cannot or Does Not Want to Obtain a Conventional Mortgage
Are you buying or selling a home in Colorado? Are you familiar with the various ways to receive financing outside of a conventional mortgage? Have you ever considered Seller Financing to secure your transaction? GLO specializes in assisting home buyers and sellers by counseling them on their options to maximize investment and to ensure they understand one of the largest investments of their lives.
Helpful Tips for Selling a Colorado Home with an HOA Agreement
Are you looking to buy or sell residential real estate in Colorado? Colorado has over eight thousand (8,000) HOAs throughout the state. So, if you are hoping to buy or sell real estate, here are a few helpful tips to facilitate a seamless transaction.
Preparing Party Wall Agreements for Duplex Owners and Developers
Are you subdividing a property into a duplex or triplex? Are you developing apartments or condominiums? Are you wondering how to allocate rights between owners or tenants regarding a shared wall—and how to avoid future disputes over maintenance or cost-sharing?
A well-drafted Party Wall Agreement provides structure, promotes cooperation, and reduces the risk of costly legal conflict between neighboring property owners. Geraghty Law Office (GLO) prepares custom agreements for homeowners, developers, and investors involved in buying, subdividing, or constructing shared-wall properties.
Residential Rental Applications: What You Should Know as a Landlord or as a Tenant
Applying for rentals may seem like an easy process, but rental applications are subject to a number of limitations and requirements under Colorado law. Landlords and tenants should be familiar know about the laws that relate to fees, disclosures, notifications, credit checks, background checks, criminal records, rental history, and rejections.
Entering Into a Commercial Lease: What to Know when Leasing Commercial Property
Unlike residential leases, commercial leases usually include provisions for tenants to pay property taxes and insurance for the property as well as common area maintenance (“CAM”) fees. Leases which include taxes, insurance and CAM fees are called “Triple Net” or “NNN” leases and are the most common leases.
Getting Around Those Pesky Zoning Laws: It’s Your Property, Do What You Want With It
Tired of the city telling you how to use your own land? Zoning Violations? Can’t sure what rights you have to develop your land? This blog will introduce and discuss some of the legal issues regarding those pesky Colorado land use and zoning ordinances so you can start using your property your way.
Making the Most of Your (Capital) Gains: Maximizing Your Take-Home Profit with the Capital Gains Tax
Are you a real estate investor waiting to sell your rental property? Are you a homeowner wondering if you’re getting the most out of the sale of your home or investment? This blog aims to help guide homeowners and investors through the complex world of capital gains so they can maximize their profit.
Easing Into Leasing Your Property: Drafting a Lease for Your Rental Property
A lease is an enforceable contract that should be specifically fitted to each unique situation. There are many lease templates available, but the process is binding on whoever signs the contract, so you had better cover your bases. This blog helps cover the basics in residential leases.
Easement Disputes Don’t Have to be Gross: Using Your Neighbor’s Property with Ease
Are you looking to buy a property that has an existing easement on it? Do you want to establish an easement with your neighbor? Do you want to terminate an existing easement? This blog provides an overview of easements in Colorado.
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.
Looking to Secure Your Right to Develop?
A vested property right guarantees a developer’s right to follow through with their plan even if future zoning rules would prohibit that type of development. The ability to obtain vested property rights is a matter of public policy. Vested property rights provide stability and follow-through to developers while stimulating economic growth and encouraging the public and private sectors to cooperate in land use planning.
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.
Having Issues with a Tenant at Your Commercial Property? How Security Interest Liens May Help
A security interest lien is a good way for landlords to secure interests in their commercial property. Whether a tenant has already defaulted on a lease or you simply want assurances of your ability to collect payments in the future, a security interest lien can be used to protect you if your tenant cannot or will not pay their rent. The Uniform Commercial Code (“UCC”) allows landlords to protect their property interests using a lien, and certain UCC sections outline the requirements and rights of security interest liens.
Foreclosures: Navigating the Colorado Foreclosure Process as a Homeowner, Lender, or Buyer
Are you a lender or a borrower facing a foreclosure action, or are you a home buyer looking to purchase a foreclosed home? Are you unsure of how the foreclosure system works in Colorado? If that’s the case, this blog will help you to navigate the foreclosure process and explain some of the key concepts of the system in Colorado.
A Must-See Trustee: Colorado's Unique Public Trustee System & Foreclosure Process
One of the reasons why Colorado is an ideal place to invest in real estate is the only state in the United States that uses the “public trustee” system for foreclosures. This makes foreclosures very inexpensive and thus, an ideal place for real estate lenders. But because it is unique, it’s also confusing. This blog analyses Colorado’s public trustee system and discusses your foreclosure rights as a lender, borrower, or junior lienor.
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.
Leaf Me Alone! Colorado Tree Law on Encroaching or Boundary Trees
Do you have a neighbor’s tree growing into or over your property? Are you not sure what you can do to prevent damage to your property caused by an encroaching or boundary tree? If so, read this blog about Colorado tree law and what rights you may have to prevent damage caused by your neighbor’s tree.