Best Real Estate Lawyers in Denver, CO

FAQs

• What is the non-emergency contact number for the local police station in Denver, Colorado?

  For non-emergency concerns, dial 720-913-2000 to reach the police department of the City and County of Denver.

• Where can I get a copy of police reports for incidents related to my case in Denver, Colorado?

  Accident and incident reports can be requested by mail or online through Denver’s official website. Download and complete the Denver Police Department Report Request Form from the website and mail it to: Denver Police Department Records Unit, 1331 Cherokee Street, Room 420, Denver, CO 80204-2787. Please enclose a $10 money order or check payable to “Manager of Revenue.” Please also enclose a stamped, self-addressed envelope. If you want the report copy emailed to you instead, please specify the recipient's email address. You will receive a response within five to 10 working days. Denver’s official website: https://denvergov.org/Government/Agencies-Departments-Offices/Agencies-Departments-Offices-Directory/Police-Department/Police-Records

• Can the property owner evict you for not paying late fees on your rent in Denver, CO?

  No. Colorado's Senate Bill 21-173, effective October 1, 2021, prohibits property owners from evicting a tenant for failure to pay late fees. The new bill also puts a cap on late fees that Denver landlords can charge. Late fees should be no more than 5% of the ongoing rent balance or $50, whichever is greater. The late fee can only be charged if the rent remains unpaid seven days after the due date.

• How can you find tax and assessment information on a real estate property in Denver, CO?

  To find out taxes due or the latest valuation appraisal of a property located in Denver, go to the Denver County Property Assessor's Office at 201 W. Colfax Ave. or call the office at 720-913-4164. A Denver real estate lawyer can assist you with transactions with the Assessor’s Office, like if you need to protest the assessed value of your property.

• Who should be maintaining a property line fence in Denver, CO?

  A fence or plant on a boundary line in Denver is the responsibility of both owners, unless the owners have made a different arrangement. Therefore, the expenses of maintaining the fence should be divided between the owners. In relation to this, you need the other property owner’s permission to remove a fence or wall on the boundary line. However, if there is a tree on the boundary line, you are free to remove tree limbs that are crossing your property.

• Can a Denver real estate lawyer help if your co-owner refuses to divide the property?

  Yes. A Denver real estate attorney can file a partition-in-kind or partition-by-sale action on your behalf. A partition-by-sale action allows the Court to order the sale of a property and the equitable division of the proceeds among the co-owners. If your desire is to physically apportion a property, a partition-in-kind action will be appropriate. The court will segment the land and provide an exclusive title to the new owner of each segment.

• Are mineral rights automatically included when you buy a new real estate property in Denver, CO?

  No, transfer of right to minerals under land is not guaranteed when you buy the property. In Denver, mineral rights may be leased or owned separately from the land. If you wish to gain mineral rights or prevent a third party with mineral rights from accessing your land, it is advised that you get a Denver real estate lawyer to review the deed offered by the seller and research the current mineral rights on the property.

• What does a real estate attorney do?

  Real estate attorneys are responsible for preparing and reviewing transactional documents and helping clients with the closing process. They draft purchase agreements, perform title searches, write title insurance policies, disburse funds, and prepare federally mandated HUD-1 settlement statements. They can also help clients understand the tax implications of selling a home. In the case of a dispute between the buyer, seller, or a third party, real estate attorneys also defend clients in court. Even if there is no identifiable dispute over the transaction, an attorney will make sure everyone “plays by the rules” during the purchase or sale.

• Can I purchase property without a real estate attorney?

  In some cases, it’s possible to purchase residential or commercial real estate without consulting a real estate lawyer. However, legal representation is required in approximately 20 states, and some jurisdictions require a lawyer to be present at the closing. Usually, real estate attorneys take over once real estate agents have an offer in hand. Buyers are encouraged to consult an attorney when purchasing damaged or bank-owned property or real estate located in high-risk areas. Attorneys can also assist out-of-town buyers and negotiate favorable solutions if liens, structural issues, or legal challenges crop up during the procurement.

• What does a real estate attorney do for a buyer/seller?

  Real estate transactions may seem cut and dried, but it’s common for unforeseen difficulties to arise. Attorneys who represent buyers or sellers can facilitate a successful transaction while protecting their clients’ interests and preventing costly mistakes. On the buyer’s side, attorneys can provide advice related to financing, estate planning, tax law, and first-time home buyer credits. Real estate attorneys can also help sellers who are dealing with challenges due to liens, structural damage, probate disputes, or uncooperative partners.

• What’s the difference between real estate and property?

  Real estate includes land, permanent structures, and natural resources, such as water, minerals, and trees. Property typically describes personal items and belongings that aren’t permanently attached to land. The transfer of real property includes the bundle of legal rights, which give landowners the freedom to possess or occupy the property, enjoy their land without interference, restrict others’ access to the property, and dispose of their ownership rights as they see fit.

• What happens when a real estate lawyer puts a lien on you?

  In most cases, liens stay attached to the property until the debt is satisfied or the debtor files for bankruptcy. The creditor’s rights vary depending on whether the lien is voluntary or involuntary. Additionally, if a lien has been perfected, that lienholder has priority over other creditors. Voluntary liens are most common when homeowners use their property as collateral against a secured loan. Involuntary liens are typically related to back taxes, court judgments, and child support. Properties are also subject to involuntary mechanic’s or materialman’s liens in case a customer or contractor fails to pay for materials or labor. Liens don’t necessarily prevent someone from transferring property, but most buyers want a title that’s free and clear.

• What does a real estate lawyer do at closing?

  Lawyers perform critical functions during every stage of the closing process. They draft and review documents, negotiate contracts, and finalize all of the details needed to close the sale. Attorneys who represent buyers can negotiate the terms of sales contracts, including contingencies, perform title searches to ensure that the seller can legally transfer ownership, and resolve issues related to third-party claims, liens, and easements. They can also assist with loan paperwork, title insurance, and other financial matters, such as taxes and transfer fees. Real estate attorneys who represent sellers are responsible for handling deeds, insurance declarations, and payoff letters.

• Do I need a lawyer to sell my house privately?

  Not necessarily. Some states require a real estate attorney to be present at the closing, but there are some situations when you might consider hiring one even if it's optional where you live. Examples might include:

  • You're selling the house with an uncooperative partner
  • You've inherited a property from an owner who is now deceased
  • You anticipate tax consequences

• Can a real estate lawyer represent the buyer and seller?

  Generally speaking, no, because the seller and buyer have different priorities when it comes to a home sale, and some of those interests conflict. States have specific laws governing whether or not a real estate lawyer can represent the buyer and seller, and if this does happen, there's often a waiver that has to be signed by both parties acknowledging a conflict exists. States may have different names for a document like this, but it's usually called a Conflict Waiver. Acceptable exceptions for using the same real estate lawyer might include a property being transferred from one family member to another, such as a father to his son.

• How much does a closing attorney cost?

  Some states require a closing attorney, while others deem it optional. The cost of hiring a closing attorney varies widely by the state and law firm you choose. You can expect to pay between $2,500 and $3,000 for a simple buy/sell transaction, but keep in mind that this cost is likely to vary depending on your location and the complexities of the closing.

• Do you need a lawyer to sell land?

  Technically, no, you don't need a lawyer to sell land, but there are some situations when it might be a good idea. You might consider hiring an attorney if you are faced with existing boundary disputes, involved in a sale of land that's partially wetland, or in circumstances concerning tax issues. Specific laws related to land vary by state, but one potential issue is the tax rate, which can differ depending on whether the land can have structures built on it.

• What role does a real estate lawyer play in mortgages?

  Lawyers can assist buyers and sellers in transactions involving bank financing. They can review the fine print, any title insurance declarations, and the mortgage terms. A real estate attorney also will ensure that funds are distributed to the correct parties, especially if there are any outstanding mortgages or liens that need to be paid before the title transfer.