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Real Estate Attorney in Denver, Colorado

Real estate transactions can be a complicated process, especially for first-time buyers or sellers. From purchasing a new property to selling an existing one, legal issues, and complex contracts can come into play.

Selling or buying property is always a monumental decision to make, financially and emotionally, so it is essential to have the right advice and guidance throughout the process. As a real estate attorney at William H. O'Rourke, P.C., I assist clients with all aspects of purchase and sale transactions for residential and commercial properties in Denver, Colorado, and the surrounding area, including Glendale and Aurora

Real Estate Transactions

A real estate transaction involves the process of buying or selling a piece of property, and most often, related appurtenant personal property. This can include residential, commercial, or industrial properties. The transaction involves a legal transfer of ownership from one party to another in exchange for money or other valuable considerations.

Prior to my practice of law, I was a executive officer for a large mortgage lender, which required an in-depth understanding of real estate transactions and the financing component of such transactions. For many years I was an adjunct Professor of Law at the University of Denver Sturm College of Law, teaching "Real Estate Planning" to new young lawyers-to-be, regarding all aspects of residential and commercial real estate development, construction, purchase and sale transactions and the financing components of such transactions. These are some of the most common types of non-commercial real estate transactions: 

  • Residential sale. A residential sale is the most common real estate transaction that takes place between non-commercial buyers and sellers. It involves the sale of a residential property such as a single-family home, townhouse, or condominium.  
  • Land sale. A land sale involves the transfer of ownership of vacant land. It is typically purchased for development purposes, such as building a new home, commercial property, or industrial facility. 
  • Property lease. A lease is a contractual agreement between a property owner and tenant that allows the tenant to occupy the property for a specified period. It is a common real estate transaction for individuals who are not yet ready to buy property. 
  • Mortgage refinancing. Refinancing a mortgage involves taking out a new mortgage to pay off an existing one, usually to take advantage of lower interest rates. It is an excellent option for homeowners to lower their monthly payments, reduce interest rates, or pay off their mortgage early.  

Regardless of the type of real estate transaction you are dealing with, the process can be complex, involving multiple contracts, financing arrangements, and legal requirements.

Commercial Real Estate Transactions 

Commercial real estate transactions encompass the buying or selling of properties designated for business purposes. Commercial properties often have custom contracts, and the transactions are more complex and riskier than residential ones. Here are some examples of commercial real estate transactions:

Residential and Commercial Leasing:

Representing Commercial Landlords and Tenants in the Negotiation of Commercial Leases for Office Space, Retail Space, Including Shopping Center Leases, Industrial Space and Raw Land. Whether representing a Landlord or a prospective Tenant of commercial property involves the review and negotiation of usually very long and complicated commercial leases. I have reviewed and negotiated literally hundreds of commercial leases over the past three plus decades and am very aware of the "hot button" issues for both landlords and tenants.

Representing Residential Landlords and Tenants. While the vast majority of my lease review on behalf of either landlords or tenants involves commercial property, I have substantial experience in negotiating residential leases and ensuring that my residential landlord clients are updating their form leases to provide all of the "tenant friendly" provisions as are required by Colorado law.

As a real estate attorney at William H. O'Rourke, P.C., I help clients with all types of commercial real estate transactions, not just retail shops, offices, and industrial properties. 

The Parties Involved in a Real Estate Purchase and Sale Transaction 

Real estate transactions typically involve the following parties: the buyer, the seller, the real estate attorney, the lender and the title company, ensuring that good and marketable title is transferred to the buyer at Closing.

  • The buyer is the party interested in purchasing the property, while the seller is the current owner looking to sell.  
  • The real estate attorney represents either the buyer or the seller to facilitate the transaction.  
  • The lender is the financial institution that provides funding to the buyer for the purchase. Or oftentimes, the seller becomes a "carry back" lender for all or some portion of the purchase price to be paid by the buyer. In such cases, seller's counsel will need to document the carry back financing, to be evidenced by a promissory note, first lien deed of trust, encumbering the property being sold, a UCC financing statement and a UCC security agreement securing and encumbering the tangible personal property either affixed to the real estate or included in the purchase, as well as personal guaranties from the individuals who own or control an entity purchaser of the property.
  • The title company examines the title record for the property to be sold, and issues a commitment to provide a title policy ensuring title in the buyer if certain requirements are met prior to closing, and with certain exceptions to coverage by the title company, all of which an experienced real estate lawyer can provide invaluable assistance in representing any of these parties to a purchase and sale transaction. 

If you are considering selling or purchasing property in Denver, Colorado, or surrounding areas, contact my law firm – William H. O'Rourke, P.C. – to get the reliable and knowledgeable assistance you need.

Common Conflicts in Real Estate Transactions

Real estate transactions are complex, and disputes can arise from different angles. Some of the most common conflicts include:

  • Title problems. Issues with the property’s title can delay or even hinder the closing process. Title issues such as liens, encumbrances, and other ownership claims must be resolved before closing.  
  • Contract disputes. It is essential to ensure that all parties involved in the real estate transaction fully understand and agree on the contract terms to avoid disputes. Contracts must include terms and conditions such as contingencies, closing dates, and clauses outlining the buyer’s and seller’s responsibilities.
  • Boundary disputes. Issues on the property’s boundaries, such as the location of fences and encroachments, can lead to conflicts between neighbors. 
  • Tax issues. Tax matters can be complicated, and unresolved issues with back taxes or incorrect assessments can affect the sale or purchase of a property. 
  • Liens. A lien can be placed on a property for various reasons, such as unpaid taxes, bills, or judgments against the owner. An unpaid lien can create a legal issue and delay the transaction until it is resolved. 

These are not the only types of conflicts you may encounter in your real estate transaction. Contact an experienced real estate attorney in Denver, Colorado, to get help in resolving your disputes through different methods, including but not limited to mediation, arbitration, and litigation.

Why You Should Consider Hiring a Real Estate Attorney

The process of buying or selling commercial or non-commercial property can get extremely complex, and without an experienced attorney, you may end up making costly mistakes. Here are some ways hiring a real estate attorney can be beneficial:

  • Negotiate a better deal. An attorney can help you negotiate a favorable price and ensure that the contract terms are acceptable to you. 
  • Identify issues in the transaction and contract. An attorney can anticipate and identify potential roadblocks and resolve issues before they become major problems.
  • Draft/review contracts. An attorney can help you in drafting and reviewing legal documents, such as purchase agreements, lease agreements, and other contracts necessary in real estate transactions.
  • Protect your rights throughout the process. Having an attorney by your side guarantees that your interests are protected during the entire process. 
  • Help you avoid unnecessary risks. An attorney can recognize potential areas of risk and assist in mitigating those risks before it is too late. 
  • Handle any disputes that may arise. If a dispute arises between you and the other party, your attorney can provide you with a clear strategy to overcome the problem.
  • Help you close the deal. An experienced real estate attorney can ensure that everything is in order and that the transaction is completed as per the agreement. 

As you can see, the role of a real estate attorney is invaluable in navigating the complexity of real estate or commercial property transactions.

attorney pointing to real estate contract
Real Estate Attorney in Denver, Colorado

Real estate transactions are important investments for both buyers and sellers and knowing how they work can help ensure a smooth and successful process. If you are planning on buying or selling a property, it is important to work with a real estate attorney in Denver, Colorado, who can guide you through the process. Reach out to my office at William H. O'Rourke, P.C., for a consultation. The first 30 minutes are free of charge.

How Can We Help?

To set up an appointment with a Colorado real estate attorney, call or email me below. My office is open from 9 a.m.–5 p.m., Monday through Friday, and I will accommodate after-hours appointments. If a formal engagement as your counsel does not result from our consultation, the first 30 minutes of our time together will be free of charge.


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