Real Estate
The largest single purchase most people are ever likely to make will involve real estate. Carlson, Carlson and Dunkelman, LLC offers a full line of real estate services from the simple residential house closing to the development, planning and zoning of commercial projects.
The mountain communities of Summit County, Eagle County and Lake County have a long mining history. The Rocky Mountain West has complicated water law issues that may be associated with many properties. Real estate law in the modern era must take into account this past history and ensure protection of your current investment.
Real estate transactions should be reviewed by a knowledgeable attorney before closing. Title insurance should be checked. Easement issues should be dealt with. We can help with all this and more. We know the laws to review and the issues that can develop in real estate transactions. Our services include:
- Basic Residential Real Estate Contract Review
- Title Insurance Review
- Party Wall Agreements for Duplexes
- Master Plan and Master Association Agreements
- Declarations, Covenants, Conditions and Restrictions
- Homeowners Associations
- Condominiums
- Subdivision Developments
- PUD [Planned Unit Developments]
- Special District/ Water District Creation and Development
Residential. Have you purchased Colorado Real Estate before? We recommend you have us review your real estate contract so you know what you are getting into here in the heart of the Rocky Mountains. Some things are different. Old mining claims, United States Government Mining Patents, metes and bounds descriptions that pre-date surveys, and surveys that don't close are all part of the colorful history of Colorado that could cause you difficulties without an expert review. We are familiar with pockets of radon problems, water issues, Phase I Environmental Impact Studies, remediation and other land issues.
You should have your Title Insurance reviewed by one of our attorneys to see if there is anything unusual on your Schedule B-1 Requirements or Schedule B-2 Exceptions. We specialize in easements, party wall agreements for duplexes, and quiet title actions where necessary. We can familiarize you with the extensive use of Protective and Restrictive Covenants in Colorado subdivisions in addition to the zoning requirements.
Condominiums and Time Shares. Have you owned a condominium before? If you are not familiar with condominiums or time shares, we can review your condominium declarations and protective covenants to make sure you understand your rights and clear up issues of past or future special assessments, dues or association liens. It would also be useful if you are able to check your condominium bylaws prior to purchase. Our firm has helped develop condominium projects of various sizes and can assist you with understanding your rights under the Colorado Common Interest Ownership Act (CCIOA, pronounced "Ki-o-a").
Commercial. Do you need a good building in a good location at an affordable price? Our attorneys include a former Planning Commissioner and an experienced land planning attorney. Our firm specializes in the purchase and sale of commercial properties. We can customize your contracts and purchase documents to fit the needs of your business or investment. We know business locations that were formerly gas stations or service stations or mine tailing sites that should require Phase I Environmental Impact Studies.
Development Projects. Our firm has developed Interdisciplinary Development Teams of engineers, structural engineers, architects, designers, planners and surveyors that we work with regularly who can assist you with your project.
Landlord-Tenant. Do you know your rights as the landlord or the tenant? Of course, there are inevitable conflicts in some types of relationship. We represent clients with legitimate claims. We primarily represent residential landlords and both commercial landlords and tenants. Tenants should be aware that Colorado law is unlike law east of the Mississippi and is very pro-landlord. Colorado law does not permit the withholding of rent. Colorado law does not permit rent to be paid into a court or an escrow without filing of a lawsuit first. Colorado law does permit the deduction of repairs from the rent. Colorado law generally requires payment of the rent and then suing over the dispute.
Water Law. Do you know that you may not have the right to water your garden? While we are not specialists in water law, we are extremely familiar with the concepts, principles and when it is necessary to refer you to a specialist. We work with experts in the field of water law located in Glenwood Springs, Boulder and Denver. We can assist you in understanding the basics of your rights to "instream flow," "cfs," "appropriation," "priority," "storage rights," and "acre-feet." We can tell you if you have a problem.
Our Qualifications
Our attorneys have extensive real estate experience. Ron Carlson's expertise was recognized by his appointment to the Frisco Planning Commission. Ron has been a regular participant in the Rocky Mountain Land Institute, sponsored annually by the University of Denver. He has developed projects and appeared before Planning Commissions, Town Councils and County Commissions throughout Summit, Eagle, Lake, Park and Grand counties. Paul Dunkelman has made numerous appearances at Planning Commissions and Town Councils in Frisco, Breckenridge, Silverthorne, Eagle and Leadville. Together they have more than 36 years of practice experience.
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