Douglas A. Turner, P.C.

With the downturn in the real estate market, some sellers are deciding not to disclose known problems with their home. More and more home buyers are taking sellers to court to recover damages for failing to disclose real property defects.

Over the years, our law office has dealt with many legal problems caused by misunderstandings about the law. For the benefit of all, a few of those misconceptions are listed in this article. Read on and test your legal skills!

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.

What is an Exculpatory Clause? Today, virtually every form contract contains an exculpatory clause. An exculpatory clause is a clause in the contract that strictly limits the liability of one party. For example, if you rent skis from a local ski shop, the contract may contain an exculpatory clause limiting the liability of the ski [...]

IDENTITY THEFT — When a person assumes your identity and commits fraud in your name. The FBI describes it as the fastest growing white-collar, second only to domestic terrorism. A professional woman became the victim of IDENTITY THEFT. Her first indication came from her bank. Her accounts had been emptied. She then began receiving bills [...]

Contract Disputes, Arbitration, and Arbitration Clauses Over the weekend, I reviewed a contract that ended up in a dispute. The parties to the contract included one sentence stating that they would arbitrate any dispute. While arbitration clauses are often a good idea, sometimes an arbitration clause can work against recovery on the contract. Before including [...]