REAL ESTATE LITIGATION AND CONTRACTS

Real estate, whether it is residential, agricultural, or commercial, is often the single greatest asset, investment, and liability that a person or business can make. Real estate transactions, leases, and other undertakings, including the maintenance of the property, must adhere to rules, regulations, and contractual obligations. Failure to comply or unaligned interpretations of obligations can lead to disputes, and disputes can lead to litigation if not handled properly, timely, or adequately. But even then, real estate litigation in Colorado may be inevitable to solve problems.

“REAL ESTATE, WHETHER IT IS RESIDENTIAL, AGRICULTURAL, OR COMMERCIAL, IS OFTEN THE SINGLE GREATEST ASSET, INVESTMENT, AND LIABILITY THAT A PERSON OR BUSINESS CAN MAKE.”

At Volpe Law, our real estate attorneys in Colorado can assist you with strategic, practical advice and will handle real property litigation when problems arise. However, through our representation, we aim to minimize real estate disputes so that costly litigation can be avoided. Contact us at 720-770-3457 or complete the Online Form to request a Consultation today.

COMMON CAUSES OF REAL ESTATE LITIGATION IN COLORADO

Real estate litigation is a legal dispute over a matter related to real property and it can have a variety of causes. Some of the most common are briefly described below.

1. BREACH OF CONTRACT AND LEASES

Parties enter into real estate agreements, or contracts, on a regular basis. This could be in a buy-sell transaction or a landlord-tenant situation with a lease agreement. When one of those parties does not adhere to the terms of the contract, the other party may sue for a breach of contract. It is imperative that when you sign a contract you understand what exactly you are agreeing to. This means reading the entire contract, even the tiny print.

In order to avoid any problems in the future, it is a good idea to speak with a real estate attorney in Colorado before signing a real estate contract. The attorney can advise you of any concerning issues with the contract, what is expected of you under the terms of the contract, and what you can expect of the other party or parties.

2. BOUNDARY DISPUTES & ADVERSE POSSESSION

Every property has a boundary, where ownership of one party ends and ownership of another party begins. Often, there is confusion over the exact location of a boundary line, which leads to litigation. Sometimes, neighbors have been operating under the assumption that the property line is something different than what is registered in the county where the property is located. A quiet title action or statutory boundary dispute case may be the correct way to settle a boundary dispute.

Before purchasing a piece of property, it is best to have a survey completed so that you know exactly where the boundaries are and if there are any encroachments on the property.

3. PARTITION

Partition actions are unique in that the party bringing the action is not necessarily alleging that any other party has done anything wrong. These actions are often used when a property has more than one owner, and the different owners no longer wish to be co-owners. One party may want to buy out the others, or all parties may want to sell the property and split the proceeds. The court may also conduct an accounting so that it can accurately determine if one party deserves more proceeds than another.

4. REAL ESTATE FRAUD

Real estate fraud occurs when one party misrepresents information to the other, causing them to rely on bad information, and then they suffer damages because of it.

For example, if you are purchasing a piece of real estate to build a home, you need to know if the property can support a septic system. Let’s say the selling party gives you documentation that the land has passed a PERC test, which means that a septic system can be installed. You rely on that documentation and purchase the property. However, after closing, you find out the PERC test documentation was falsified, and the property cannot support a septic system. In this scenario, you may have a case for real estate fraud.

5. QUIET TITLE

When there is a question as to who is the proper owner of a piece of property, a quiet title action is often brought to settle the matter. A quiet title action allows the court to look at the evidence and determine the correct owner. Quiet title actions may be used for boundary disputes, adverse possession cases, or when ownership of property needs to be determined.

6. HOA DISPUTES

Homeowner’s Association Disputes are very common in Colorado. Disputes between HOAs and homeowners can arise from a variety of things, such as failure to pay dues, property damage, architectural changes, and assessments. Complex sets of legal documents, as well as the Colorado Common Interest Ownership Act (CCIOA), govern the rights and obligations of HOAs and their members. Consequences for failure to understand these laws and documents can be severe for homeowners and HOAs alike.

6. Covenants Running with the Land

Running covenants in Colorado encompass agreements on warranty of title, land use restrictions, and HOA payments, essential for property transactions. These include details on their creation, enforcement, and the implications of breaches for subsequent owners. We can help you understand their impact on real estate dealings and property rights.

ALTERNATIVES TO REAL ESTATE LITIGATION IN COLORADO

Litigation is not always the best route to resolve a real estate dispute. Other options are available to parties involved in a disagreement. The most common is alternative dispute resolution (ADR). ADR comes in two main forms: arbitration and mediation.

ARBITRATION

Arbitration is when you and the other party attend a hearing where you present your side of the case to a neutral and knowledgeable arbitrator or panel of arbitrators. In most cases, decisions reached through arbitration are binding on both parties. It is a formal process but is still less time-consuming and (hopefully) less expensive than litigation. It is also more private, and the parties can agree on who they wish to be the arbitrator(s).

MEDIATION

Mediation is a less formal process than arbitration, where the parties meet and attempt to reach an agreement to which they can all consent. Mediation allows the parties to have a say-so in what happens. In most cases, either party can walk away at any time. The mediator is present to facilitate an agreement and does not make a final ruling.

HOW CAN A REAL ESTATE LITIGATION LAWYER IN COLORADO HELP YOUR CASE?

Litigation can be overwhelming. For someone who has no experience, the rules of procedure alone can be intimidating, let alone building, supporting, and persuasively arguing your case. A litigation attorney in real estate offers real benefits, which include.

• Determining the right legal action to take
• Interpreting any contracts and/or legal action against you
• Obtaining additional and relevant documentation you may not possess yourself
• Drafting documents needed to move your case toward a resolution
• Corresponding effectively with other parties, particularly their attorneys, to negotiate a settlement or non-trial resolution
• Taking the proper steps to bring a case to court or counter a case brought against you in case a non-trial resolution is not reached
• Overseeing your case from start to finish
• Defending your rights and protecting your interests

A real estate dispute can be all-consuming. Retaining competent legal counsel may be the best way – both for you and your business – to resolve your real estate problem.

REAL ESTATE CONTRACTS AND AGREEMENTS

The firm is experienced in drafting and negotiating various real estate contracts, purchase agreements; commercial and residential leases; easements; property management contracts, handbooks, and agreements; business arrangements for investment properties; independent contractor and agency agreements; and various other real estate contracts and agreements.

If you are a real estate broker and need support or advice on a point of law you are unsure about with respect to any of these types of agreements or transactions, do not hesitate to give us a call to discuss. Real estate brokers are bound by a complex set of regulations enforced by the Department of Regulatory Agencies (DORA) Division of Real Estate. If you are a broker and have any questions about a particular agreement, contract term, trust/escrow account, property management setup, etc., give us a call. We provide support to many real estate agents as questions arise.

We also frequently assist homeowners, business owners, and commercial property owners with contract review and drafting. If you have any questions or misgivings about what might constitute the biggest investment of your lifetime, please do not hesitate to call us or contact us.

CONTACT A REAL ESTATE ATTORNEY IN COLORADO TODAY

At Volpe Law, we litigate when necessary and settle when it is in our clients’ best interests. Real estate disputes can become costly, and so our real estate litigation lawyers use our resources wisely to procure the best possible outcome for you. Contact Us Today by filling out the Online Form or calling us at 720-770-3457 to request a Consultation.

FEES

A $5,000 retainer is required for all pre-litigation dispute cases, while active litigation matters have a minimum retainer of $10,000. As of 1/1/2025, attorney rates vary between $275 – $400/hour. These hourly rates are paid by the retainer account. Fees and retainers for contract reviews and smaller projects vary, with some cases best suited for a 1-2 hour paid complimentary discovery call at $350 per hour or $700 for two hours. All retainers are evergreen and refundable. Please call to inquire for further details.

DISCLAIMER

The information contained on this website is provided for informational purposes only. It is not legal advice and should not be construed as providing legal advice on any subject matter. Laws frequently change and therefore this content is not necessarily up to date, nor comprehensive. Contact us or another attorney with any legal questions specific to your matter. You may contact us by completing our complimentary discovery call.