The Seller’s Property Disclosure Trap

Virjinia (“Jina”) V. Koultchitzka

Contact

Phone: (719) 471-7958
Email: jina@coloradolawyers.net

My assistant: Adrienne Belton at (719) 226-7745
Email: adrienne@coloradolawyers.net

Practice Area

Estate Planning and Probate, Corporate Formation and Organization, Business and Commercial Law, Contract Law, Real Estate Law, General Practice

Education

University of Denver (J.D., 2005)
Colorado State University (B.A., Political Science – International and Comparative Studies, cum laude, May 2001)

The Seller’s Property Disclosure Trap

Estate Planning and Probate, Corporate Formation and Organization, Business and Commercial Law, Contract Law, Real Estate Law, General Practice

When selling or purchasing real property, one of the standard forms to fill out (if you are the seller) or request (if you are the purchaser) is the Seller’s Property Disclosure form. This disclosure should be completed by the seller with the guidance of seller’s attorney in order to avoid or minimize the possibility of a claim by the purchaser of negligent and/or intentional misrepresentation. Unfortunately, this is the reality you get with the Seller’s Property Disclosure form, which is the driving cause of many alternative dispute resolution and/or litigation claims post-closing.

When the seller fills out the disclosure, the seller states that the information contained in the disclosure is correct to seller’s current actual knowledge as of the date of signature. But, what is the seller’s current actual knowledge of whether certain conditions “now exist or have they ever existed”? The term “current actual knowledge” is intended to limit the seller’s disclosure only to facts actually known by the seller and does not include “constructive knowledge” or “common knowledge” or what the seller “should have known” about the property. When a claim is made, however, against the seller, purchaser’s attorney will have so much fun with the term’s meaning – actual, intended, constructive, or whatever else it can be construed for. To avoid the seller’s property disclosure trap, plan for it ahead of time – retain an attorney to consult with regard to what the questions mean and where the traps are.

 

  • El Paso County Bar Association Certificate of Appreciation – Law Day (2012)
  • Colorado Bar Association Certificate of Achievement – (2012)
  • Colorado State High School Mock Trial Coach (2012)
  • Gray’s Pupilage Wendelken S. Inn of Court Appreciation Award (2009)
  • Gray’s Pupilage Wendelken S. Inn of Court Nominee
  • American Inns of Court Best Program – Justice in Baghdad, Culture, Conflict, and Challenges (2008)
  • Colorado Springs Business Journal Rising Stars Award (April 24, 2008)
  • Bryan S. Gardner Outstanding Young Lawyer Award (Oct. 16, 2007)
  • Nominated for the University of Denver Outstanding Student Award (2005)
  • El Paso County and Colorado Bar Associations
  • El Paso County Bar Association (EPCBA) Board of Governors (Board of Governors elected rep. & Trustee, (2014-17)
  • Board of Trustees (Trustee, 2010-12)
  • EPCBA Strategic Planning Force Committee (Member, 2010)
  • EPCBA Lawyer Referral Services (Member)
  • EPCBA New Members/Swearing-In (Chair, 2008-current)
  • Ben S. Wendelken American Inn of Court (Executive Committee Member 2007-14)
  • American Inns of Court Program Awards Committee (2012-13)
  • EPCBA New Lawyers Section (Chair 2006-2010)
  • American Bar Association State Membership Chair Program (2009)
  • Legal Aid Foundation (Committee Member 2005 – 08)

Law School Activities

  • Denver Journal of International Law and Policy (2003-05)
  • International Human Rights Advocacy Center (2003-05)
  • Asylum Project (2003-05)
  • University of Denver Clinical Programs, Advanced Criminal Law Clinic (2005)

Council of Neighbors and Organizations (Attorney/Advisory Committee Member, December 2014 – current). CONO works to be a strong, diverse organization recognized throughout the Pikes Peak region as an impartial neighborhood representative serving the needs of neighborhoods, building community and increasing the capacity of local governments and public and private organizations to resolve community issues. For more information, go to: http://www.cscono.org/index.html

  • The Chamber of Commerce (Member)
  • Genny’s Hope Foundation (Board of Directors Member 2012 - current). GHF's mission is to increase the number of committed enrollments on the bone marrow donor registry by generating awareness, interest, and the desire of donors to test and register. GHF recruits new bone marrow/stem cell donors and helps them get enrolled at Be the Match, the U.S. registry, or DKMS, an international center. Money raised is used to pay for lab processing of cheek swab kits and to raise awareness for the need to increase donor. registrations.
  • Downtown Partnership, Colorado Springs (Member)
  • El Paso County Bar Foundation (Board of Directors Member, 2008-14; Ex-officio Member currently)
  • Commercial Women’s Network (Member)
  • Participate as a volunteer in community Law Day Activities; Christmas in February (post-holiday party for unprivileged children organized and hosted by the CBA-YLD in Colorado Springs)
  • Support non-profit Bulgarian organizations which provide homeless children with food, medicine, clothes, shoes, and school supplies through coordination with the Government Center for Social Integration and the Red Cross.
  • Colorado Bar Association Mediation Training (40-hour Certification, Jan. 2011)
  • Colorado Bar Association Leadership Training (COBALT) (2010)
  • University of Denver (J.D., 2005)
  • Colorado State University (B.A., Political Science – International and Comparative Studies, cum laude, May 2001)
  • State Management School New Bulgarian University (Associate Degree, Business Administration and Management, May 1995)
  • El Paso County Bar Association
  • Colorado Bar Association

Corporate Formation and Organization

  • Establishment of corporations, limited liability companies (LLC), partnerships and trusts
  • Chapter S (also referred to as S corp.), EIN and 501(c)(3) election
  • Non-profit and tax-exempt organizations
  • Trade names, trademarks and service marks
  • Business planning and joint ventures
  • Directors’ and officers’ liability
  • Non-compete and non-disclosure agreements
  • Franchising and distribution contracts
  • Purchase and sale of business and business succession
  • Shareholder agreements
  • Board Minutes and By Laws

Business and Commercial Law

  • Buy-sell agreements
  • Commercial litigation
  • Secured transactions
  • Collections and debtor-creditor work

Contract Law

  • Drafting and review of contracts
  • Mechanic liens

General Practice

Estate Planning and Probate

  • Wills
  • Trusts
  • Living wills
  • Power of attorney and appointment
  • Probate and estate administration
  • Business succession planning and tax planning

Real Estate Law

  • Purchase and sale of residential and commercial property
  • Residential and commercial leasing
  • Real estate litigation
  • Conveyancing
  • Land use issues

Have a question or need to schedule a consultation?

Call today for additional information regarding any legal question. Our depth of experience is matched by our willingness to confidentially listen to your individual legal questions. (719) 471-7958