Entries by writer

,

Liability Waivers and the Colorado Equine “Professional”

When it comes to horses and owner liability, two recent Colorado court cases underscore just how limited the exemption from civil liability is and the importance of liability waivers for anybody who owns a horse. A well-written liability waiver is a must for anybody who qualifies as an equine professional. And, surprise, you may be just that – an equine professional.

Most people who ride or own horses are aware of the Colorado law limiting civil liability for injuries caused by participating in equine activities. That statute is 13-21-119, C.R.S. In a very broad summary, those that ride horses assume the risk of injury and cannot recover from others when injured.

Disposition of Last Remains

Well, times have changed since I first wrote about the disposition of dead bodies. It used to be that an individual could not control what happened to his or her body after death. Well, that has changed. Colorado’s Disposition of Last Remains Act Several years ago, Colorado enacted the Disposition of Last Remains Act. In […]

Landlords, Tenants & Security Deposits

With more and more people buying residential real estate for investment purposes, many novice landlords learn the hard way that keeping a security deposit can result in big trouble. Landlords must comply with Colorado’s Wrongful Withholding of Security Deposits Act (the “Act”). Read on and save yourself (or collect!) treble damages and attorneys fees. Colorado’s […]

, , ,

Until Death Do Us Part, Even in Divorce

A broken marriage is a marriage overflowing with broken promises and misunderstandings. The last promises are those made in the divorce decree. While those promises, like others, are usually broken or misunderstood, many disgruntled ex-spouses are going to court to enforce the promises, or the promises as they remember them. However, the court is not […]

,

Jointly-Held Property: Common but Complicated

Joint tenancy is a convenient form of ownership. It is a form of ownership that has been encouraged in the marketplace by financial institutions and, to some extent, by professional advisors. Joint tenancy, it is estimated, is utilized in most married couples’ estate plans. Because of the survivorship feature of joint tenancy, it is thought […]

,

Negotiating New Home Construction Contracts

In a real estate market where last week’s drywall subcontractor is this week’s seasoned home builder, negotiating a new home construction contract becomes more important than ever before. When entering into a contract to buy a newly constructed home, here are just a few important points to consider. 1. The Importance of Reading the Contract […]