Denver Divorce and Real Estate Lawyer Blog. (Vol 1.64) September 25, 2015
By Craig Franklin Chambers Esq. 7851 S. Elati Street #204, Littleton, CO 80120
The Littleton Lawyer.
As a Littleton lawyer practicing family law, custody, divorce and real estate law in the Denver area, including Englewood, The Tech Center, Littleton (including Ken Caryl, The Valley and the North Ranch), Grant Ranch, Highlands Ranch, Roxborough Park, and Arapahoe, Douglas, and Jefferson County, I am often asked the question: Why do I practice real law?
A real estate attorney I conduct residential real estate contract reviews and assist FSBO (for Sale by Owners). This includes new builder contracts which often need an attorney review because builder's contracts are not standard Colorado Real Estate Commission forms.
I have also pursued and defended real estate brokers, pursued homeowner's associations, litigated boundary disputes easement, private nuisance claims, and adverse possession cases, pursued and defended contractors, enforced mechanic's liens, filed partition actions, and engaged in lawsuits for seller's failure to disclose material defects in a home. I generally do not engage in cases with disputes with banks and lenders simply because the cases are usually costs prohibitive and Colorado law favors the banks.
I practice real estate because I have been a real estate broker for over 33 years, I have hands on experience in residential real estate transactions, which, with the current changes in lender requirements and fluctuating marketing, is sometimes more complicated than it should be.
Real estate law is unique in that it is not governed one single body of law. The emotional issues in other types of law such as family law do not come into play in real estate law. Much of the case is developing the facts and determining what is the applicable law, i.e. statutes that sometimes contradict each other, case law or common law, or the Rules and Regulations of the Colorado Real Estate Commission.
For example, in a Homeowner's Association case, you have to contend with the Declaration and Rules and Regulation of the Homeowner's Association, the Common Interests Ownership Act, and Corporations statute and the Non-Profit Corporations statute.
I guess I am at ease with real estate cases because of my real estate broker background and experience and because I am also a property owner and landlord myself. I understand the culture of real estate.