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Free Guide to Hiring a Real Estate Lawyer
Conveyancing refers to the legal process of transferring ownership of real property from one party to another. In Denver, conveyancing covers steps such as negotiating and reviewing purchase contracts, conducting title searches, resolving liens and encumbrances, preparing and recording deeds, handling closing and escrow, and ensuring all required disclosures and local requirements are met. In the United States the term conveyancing is often used together with closing, title work, escrow services, and title insurance - all of which play central roles in Denver property transactions.
While many routine residential closings involve real estate agents, title companies, and lenders, legal issues can arise that require a lawyer experienced in Colorado real estate law. Local government offices and state statutes establish the formal requirements for deeds, recording, taxes, and disclosure obligations that affect every transfer of property in Denver.
Even straightforward purchases can become complicated. You may need a lawyer when:
- Title problems appear, such as undisclosed liens, missing signatures on prior deeds, forged documents, or unresolved probate matters.
- Boundary, easement, access or survey disputes arise that affect the use or value of the property.
- A transaction involves foreclosure, short sale, seller bankruptcy, or an estate sale where additional legal steps are required.
- The property is commercial, mixed-use, includes complex zoning or land-use conditions, or requires drafting bespoke contracts or leases.
- Environmental concerns are present, such as contamination, wetlands, or historic mining claims, which may require legal review and remediation agreements.
- You need help negotiating purchase contract contingencies, interpreting HOA covenants, or resolving disputes with homeowners associations.
- You are completing tax-advantaged exchanges like a 1031 exchange, dealing with financing complexities, or require escrow dispute resolution.
- You prefer legal representation at closing to review documents, ensure compliance with Colorado law, and protect your interests in the event of a post-closing challenge.
Key legal and administrative elements to understand for conveyancing in Denver include:
- Recording and Deeds: Deeds and other real property records must be recorded with the City and County of Denver Clerk and Recorder to provide public notice. Proper execution, acknowledgement, and correct legal descriptions are critical to valid transfer of title.
- Title Searches and Title Insurance: A title search checks public records for liens, encumbrances, easements, prior ownership issues, and judgments. Title insurance protects buyers and lenders against covered title defects that arise after closing.
- Colorado Statutes and Common Law: State law, including provisions in the Colorado Revised Statutes governing real and personal property, governs many aspects of conveyancing. Colorado case law and local practices also influence contract interpretation and remedies.
- Disclosures: Sellers must provide required disclosures concerning known defects and material facts. The real estate brokerage industry has standard forms and disclosure obligations regulated by the Colorado Division of Real Estate.
- Homeowners Associations: If the property is governed by an HOA, Colorado law and the association's covenants, conditions and restrictions (CC&Rs) can affect transferability, use, fees, and required seller-provided documents and disclosures.
- Property Taxes and Assessments: Denver property taxes, any special assessments, and proration rules are handled at closing. Buyers should review recent tax records and verify prorations and liens.
- Zoning, Land Use and Permits: The Denver Department of Community Planning and Development administers zoning, permitting, and land-use rules which can limit property use, improvements, or conversions.
- Water Rights and Colorado Law: Colorado follows prior-appropriation water law. For certain properties, water rights or access to irrigation may be relevant to value and use. These issues typically require specialized review.
- Consumer Protections and Regulation: The Colorado Division of Real Estate and local agencies regulate brokers and sales practices. Lenders must comply with federal laws such as RESPA and TILA when financing is involved.
Typically, ownership rights to the property are conveyed by a deed that transfers title from seller to buyer. The deed should accurately describe the property, name the grantor and grantee, and be properly executed and recorded. Some rights may be limited by easements, covenants, liens, or other encumbrances reflected in the title records.
Colorado does not always require an attorney for all real estate closings. Many residential transactions successfully close using title companies, real estate agents, and lenders. However, an attorney is strongly recommended when legal issues are present - for example, title defects, boundary disputes, foreclosures, estate sales, commercial deals, or complex contract negotiations.
Title insurance protects against losses from certain defects in the title that were unknown at closing but existed prior to closing. There are owner policies and lender policies. While not legally mandatory, lenders often require a lender's title policy. Buyers frequently purchase owner’s title insurance to protect their equity and future interests in the property.
Timing varies by transaction complexity, but a typical residential purchase from contract to closing commonly takes 30 to 60 days. Factors that extend the timeline include loan underwriting, title issues, required repairs, inspections, negotiation of contingencies, and obtaining municipal approvals or certificates.
Closing costs are negotiable between buyer and seller and include lender fees, title insurance, recording fees, escrow fees, taxes, and prorations. Standard practice varies by market and contract terms. Buyers often pay for lender charges and owner’s policy, while sellers may pay commission and payoff of existing liens, but custom and negotiations determine the final allocation.
Review disclosures for material defects, known repairs, structural issues, past water intrusion, mold, pest problems, unpermitted work, boundary disputes, and HOA-related matters. If disclosures reveal issues, consider inspections, obtaining repair agreements, negotiating price adjustments, or consulting an attorney.
A title search reviews public records to identify liens, judgments, easements, prior deeds, bankruptcy filings, or probate issues that could affect ownership. Problems can include undisclosed liens, missing or incorrect signatures on prior deeds, forged documents, or clouded title due to unresolved legal claims. Resolving these issues before closing is critical.
At closing parties sign documents required to transfer title, settle payoffs for existing mortgages, fund the buyer’s purchase, and distribute closing costs. The deed is delivered and recorded. Funds are disbursed and keys are released. Closings may occur at a title company, attorney’s office, or escrow agent.
Property taxes are typically prorated between buyer and seller based on the closing date and the local schedule for tax assessments and payments. Buyers should verify current tax status and whether any special assessments or past-due taxes exist, as unpaid taxes can create liens on the property.
Post-closing disputes can involve title defects discovered later, undisclosed defects, boundary issues, or contract breaches. Remedies may include title insurance claims, negotiation, mediation, arbitration if contract provides, or litigation. Timely consultation with an attorney and submitting claims under relevant insurance or contractual protections is important.
Here are useful local and state resources to consult when dealing with conveyancing in Denver:
- City and County of Denver Clerk and Recorder - for recording deeds and public real property records.
- Denver Assessor - for property tax information and assessments.
- Denver Department of Community Planning and Development - for zoning, permits, and land-use questions.
- Colorado Division of Real Estate - regulates brokers and provides consumer guidance on real estate transactions.
- Colorado Revised Statutes - Title 38 and related provisions covering real property law.
- Colorado Bar Association and Denver Bar Association - for lawyer referral services and professional standards.
- Colorado Legal Services and local legal aid organizations - for low-income persons needing assistance.
- Title companies and abstractors local to Denver - for title searches and escrow services.
- American Land Title Association and national real estate consumer guides - for general title insurance and conveyancing education.
- Colorado Judicial Branch - to access court records and information on foreclosures, probate, and other litigated matters.
If you need legal assistance with conveyancing in Denver, consider the following practical steps:
- Gather key documents - purchase agreement, current deed, mortgage statements, tax records, HOA documents, survey, and inspection reports.
- Identify the specific issue - title defect, dispute, contract negotiation, financing, land-use, or environmental concern. The nature of the issue will guide the type of attorney you need.
- Find an experienced real estate attorney - use the Colorado Bar Association or Denver Bar Association referral services, or ask trusted real estate professionals for recommendations. Look for attorneys with experience in Denver conveyancing, title disputes, or the specific area of concern.
- Prepare questions for an initial consultation - ask about experience, similar cases, fees, estimated timeline, likely outcomes, and whether the attorney handles closings or coordinates with title companies.
- Review engagement terms - get a written fee agreement that explains hourly rates, flat fees, retainers, billing practices, and the scope of representation before work begins.
- Consider title insurance and preventive steps - even with counsel, purchasing owner’s title insurance and conducting thorough pre-closing due diligence reduces risk.
- Move promptly - conveyancing issues often have timing constraints related to contract deadlines, lender requirements, or recording windows. Acting early helps preserve remedies and smooth the closing process.
Please note this guide is for informational purposes and is not legal advice. Consult a qualified Colorado real estate attorney to discuss specifics and obtain legal guidance tailored to your situation.
