Contractor Referrals

Real Estate Lawyer and Family Law Lawyer Blog(Vol I.2)

by Craig Franklin Chambers, Esq. The Littleton Lawyer.

In my job as a family law lawyer, real estate lawyer and real estate broker servicing Littleton and Denver,  I sometimes run across issues  that are too complex–like tax and estate planning issues–and require someone who specializes in them–or simply handles them less expensively.

The trend for real estate brokers used to be to give three names of potential vendors to assist in a real estate transaction. Three lenders, for example; three accountants; or three home inspectors. The broker’s  concern is being sued for “Negligent Referral.”

The current trend is to give no assistance to a buyer or a seller in areas outside of the competence of the real estate broker.  Some real estate pundits have gone so far as to state that a real estate broker should not even attend the buyer’s home inspection  to prevent  the real  estate broker from giving improper advice  or negligent referrals..

I disagree with the this trend. A good real estate broker sells enough houses to repeatedly come upon incarnations of various problems with taxes issues, easements and encroachments, mold or sewer scope concerns, for example.  A seasoned real estate broker has past experiences with local professionals, many of whom have performed well for similar problems in the past.

Unless the real estate broker refers the contractor in bad faith, or does not use reasonable care in the referral, the duty is on the referred vender to fulfill his obligations to the client.  A real estate broker is more than a chauffeur. It is part of my job to be a resource to clients, and to pass those trusted names on to clients who may need more arcane advice.

A real estate transaction needs to be transparent. The buyer and seller need to go into the transaction eyes open, knowing all the risks of the transaction including the range of value of the home, the terms of the loan, and the condition of the property.  The more people to help with this the better.

And of course, as with any financial transaction, every material financial term for the transaction needs to be fully disclosed on the settlement statement or the HUD.

My Legal Opinion

Real Estate Lawyer and Family Law Lawyer Blog (Vol I.1)

by Craig Franklin Chambers, Esq. The Littleton Lawyer.

Many of my real estate and law clients have called me or e-mailed me and asked me why I didn’t have a blog. After considering the idea, I have redesigned my website to include one. This is my first entry. My subject is, naturally, the purpose of my blog.

The advisors  I have spoken to–and it is important in any field, especially real estate or law–to have knowledgeable and competent advisors— approved of the idea of blog with a few caveats. They came up with several guidelines.

Don’t write the blog yourself, they chimed;  don’t use real names; and don’t give opinions. Their idea of the blog is to write neutral content.  Not even to write it, but to purchase it from another source and publish it on their website. I looked at some other websites, and sure enough, most of the lawyers did not even write their own blogs.

I don’t think there should be rules about blogs. There shouldn’t be rules about writing, and a blog  really is just a newspaper column without an editor, without a newspaper, and without a reader. The only rule for writing anything should be that if it works, it works. That’s the rule.

My idea of a blog–and it is true I may not know what a blog is–is to give my opinions about real estate law, real estate sales and family law in no particular order. My blog will never be free of politics because opinions and politics are intertwined with the subjects I choose to include in my blog and in the word choices made in writing the blog. My blog will come from real conflicts.  I’ve been to closings, I’ve been to court, I’ve won cases, I’ve lost cases, that is source of my blog.

My blog will be opinionated, to be sure. I do understand (begrudgingly) that you may not be interested in my political positions or movie critiques, but these critiques will be expressed if relevant to a blog subject of which I know a little something professionally— real estate brokerage, real estate law and family in Denver, Littleton,  Highlands Ranch,  and the surrounding areas.

Both lawyers and real estate brokers  are sought for their opinions, real estate brokers for their market value assessments and lawyers for their legal opinions after developing the facts and researching the applicable law. If an advisor can’t advise, what good is he? If a blog merely takes up space, why bother? It is my goal that if anyone reads this blog,  they may gain insight into these subjects, and just as important, that I might gain insight by writing about them.

As for using peoples real names, I would like to thank Jabez for his good advice (which I did not follow)  and Mary Janiczek for redesigning my website.

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