Phone: (719) 471-7958
My assistant: Adrienne Belton at (719) 226-7745
University of Denver (J.D., 2005)
Colorado State University (B.A., Political Science – International and Comparative Studies, cum laude, May 2001)
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.
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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
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