Real estate deals are major transactions. With slumping markets, now more than ever you need to protect your investment and make smart, informed decisions.
Downey & Associates, PC advises clients throughout the Denver, the greater Colorado area, and surrounding states on important commercial and residential real estate transactions and provides proven representation in a wide range of real estate litigation cases. You can trust our attorneys to provide timely, cost-effective and client-focused service.
Our firm represents architects, developers, builders, homeowner and condominium associations, contractors, hotel and resort owners, construction managers, real estate investors, retail or commercial property owners and others who need legal representation in real estate cases. Contact us for more information.
Proactive Representation for Real Estate Transactions
In real estate transactions, it pays to have an experienced attorney looking out for your interests. Because we have overseen so many of these transactions, we understand how they unfold and we can identify potential stumbling blocks before you trip over them. We save our clients time, money and future headaches by carefully guiding them through the process.
We can help clients with a variety of transactions, including those that relate to:
- Acquisitions and purchase agreements
- Sales, sales agreements and closing issues
- Financing and mortgage transactions
- Contracts and leases
- Property management
- Valuation, property classification and property tax issues
- Land use and zoning
- Title assessments and title defects
- Easements
- Special uses, including agricultural, resort, oil and gas, and mining properties
- Foreclosures and loan workouts
- Development and construction
Related: 5 Mistakes to Avoid When Inking Commercial Real Estate Deals
We Can Speak for You
There are a number of governing bodies and agencies that get involved in real estate matters. They often require that you present your case at a hearing or board meeting. Our firm can serve as your advocate, presenting your case with authority in front of planning and zoning boards and even in court, if litigation is required. We have established credibility, know how to present your case effectively and understand your rights and protections under the law. We will speak zealously on your behalf.
Attorney Tom Downey has represented clients in all aspects of real estate litigation matters, including:
- Real estate contracts, including leases (rental contracts)
- Boundary, border or property line disputes
- Homeowners' association (HOA) issues, including formation guidance, covenant enforcement and dispute resolution
- Mortgage and lien issues
- Zoning and land use concerns, including Rule 106 litigation
- Foreclosures
- Mechanics' liens
- Warranty and construction defect disputes
- Eminent domain issues
- Easement disputes
- Construction and development issues related to permits, licensing and more
- Construction litigation related to construction defects and contract breaches
Contact Us
To learn more about our real estate law services, call 303-813-1111 or contact us online. Downey & Associates, PC offers free initial consultations for those who qualify. We make evening appointments and can accept credit cards.
Frequently Asked Questions
How can Downey & Associates PC assist with real estate investment in Denver?
We assist investors in Denver by providing legal advice on property acquisitions, zoning regulations, and contract negotiations. At Downey & Associates PC, our attorneys ensure that all legal aspects of your investment are handled properly, helping you maximize returns and avoid potential pitfalls in the real estate market.
What should I prepare for my first meeting with a real estate attorney at Downey & Associates PC?
For your initial consultation, bring any relevant documents, such as contracts, property deeds, or correspondence related to your case. Our Denver-based attorneys will review these materials to provide informed advice and outline potential legal strategies tailored to your specific situation.
What is the timeline to challenge a Denver zoning or land use decision, and how can your attorney protect that window?
In Colorado, judicial review of many quasi-judicial land use decisions is sought under Colorado Rule of Civil Procedure 106, which has a strict 28 day filing deadline. The Colorado Supreme Court has confirmed that this deadline is jurisdictional, so missing it can end the case before the merits are heard. Our team can quickly evaluate whether the decision is quasi-judicial and calendar the 28 day window immediately. We also coordinate with you on gathering the record and preparing a petition tailored to Denver’s procedures. Understanding Denver’s rezoning and entitlement processes helps us frame viable grounds for review. We act fast so your rights are preserved while you consider parallel strategies such as new applications or negotiated solutions.
What mechanics lien issues should buyers, sellers, and contractors watch for in Colorado real estate deals?
Colorado’s mechanics lien statutes require strict compliance with the content and filing of a lien statement, so errors can be costly. Buyers and lenders want to confirm whether any lien statements have been recorded and whether deadlines to enforce them are running. If a lien is recorded during a transaction, an owner can often substitute a bond approved by the district court to release the property from the lien. That approach allows closings and draws to proceed while the dispute is resolved against the bond. We review lien timing, content, and priority issues, and we structure solutions that keep deals on track. Our goal is to mitigate risk without derailing the transaction.
Can you coordinate my closing with a 1031 like kind exchange, and what deadlines matter most?
Yes, we regularly align contracts and closings with Section 1031 exchanges so tax deferral is preserved. The IRS rules require that you identify replacement property within 45 days of selling the relinquished property. The exchange must be completed within 180 days or by your tax return due date if earlier. We build these milestones into purchase agreements and closing checklists and ensure a qualified intermediary is in place. Our team also confirms that the properties qualify as like kind real property under current regulations. Careful planning keeps your exchange compliant while still protecting your deal terms.
How can I get started with Downey & Associates PC for my real estate legal needs?
To begin working with us, simply contact us to schedule a consultation. Whether you need assistance with a real estate transaction or facing a legal dispute, our Denver-based attorneys are ready to help you navigate the complexities of real estate law.
Additional Information in Denver, CO
- Real Estate Law - Legal Insights for Property Owners and Investors: Explore FindLaw's comprehensive resources on real estate law, covering everything from property transactions and landlord-tenant issues to zoning regulations and litigation advice.
- Colorado Broker's Statutory Duties Cannot Be Limited: A recent court decision in Colorado established that real estate brokers cannot contractually limit their statutory duties. The ruling reinforces the obligation for brokers to adhere to all state-mandated duties, ensuring full compliance with legal standards.
- Avoiding Common Pitfalls in Real Estate Transactions: This resource from the IRS provides guidance on how to avoid common issues in real estate transactions, particularly concerning tax implications. It covers essential topics such as property basis, capital gains, like-kind exchanges, and ensuring compliance with tax laws.
