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Colorado Real Estate Manual

Publisher: LexisNexis

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ISBN: 9781522124887
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2017 Edition
ISBN: 9781522124887
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The Division of Real Estate is responsible for the publication and distribution of the annual Colorado Real Estate Manual. The Manual is a source of information, statutes, rules, and position statements for the real estate industry.

   The Manual benefits new applicants for licensure as well as existing real estate brokers, appraisers, and other real estate professionals by providing current relevant statutes and requirements for practicing in Colorado. It also includes current Division of Real Estate rules and position statements for brokers, appraisers, mortgage loan originators, and conservation easements. An excellent resource for real estate professionals that provides history, new laws and requirements, descriptions, and landmark case law!

Table of Contents


B. IRA Withdrawal Used to Fund Purchase


C. Qualified Residential Mortgage Interest


D. Mortgage Interest Credit


E. Mortgage Insurance Premiums


F. Property Taxes


G. Personal Property Taxes


H. Non-business Casualty and Theft Losses


I. Moving Expenses


J. Business Use of Home (Home Offices)


III. Sale of a Personal Residence


A. Installment Sales


B. Foreclosure


C. Colorado Withholding Tax on Certain Transfers of Real Estate


IV. Property Used in a Trade or Business


A. Rental Property Operations


B. Depreciation


C. Certain Business Gains and Losses


D. Tax Credits Applicable to Business Property


V. Federal Estate and Gift Taxation


A. Real Property


B. Federal Gift Taxes


VI. Tax Treatment of Various Legal Entities


A. Corporations


B. Partnerships


C. S Corporations


D. Limited Liability Companies (LLC)


E. Trusts


F. Homeowner Associations


G. Real Estate Mortgage Investment Conduit (REMIC)


H. Tax Shelters


VII. Employed Real Estate Licensees


VIII. Withholding of State Income Tax on Proceeds from Transfers by


Nonresidents of Real Property Located in Colorado


§ 39-22-604.5, C.R.S. Withholding tax – transfers of Colorado real property – nonresident transferors


CHAPTER 25: FAIR HOUSING


I. Introduction


II. Federal Civil Rights Acts


A. Civil Rights Acts of 1866 and 1870 (42 U.S.C. §§ 1981 and 1982)


42 U.S.C. 1981 – Equal rights under the law


42 U.S.C. 1982 – Property rights of citizens


B. Fair Housing Act 1968, Amended 1988 (42 U.S.C. §§ 3601 to 3619)


Bases of Discrimination Exemptions to Property Covered


III. Illegal Practices Under Federal Law


IV. Equal Credit Opportunity Act (ECOA) (15 U.S.C. §§ 1691, et seq.)


V. Americans with Disabilities Act


A. Licensee ADA Responsibilities in Conducting Real Estate Practices


B. Licensee ADA Responsibilities in Listing, Selling, Leasing, or Managing Property


C. ADA Responsibilities in Real Estate Instruction


D. ADA Responsibilities as Employers


VI. Colorado Fair Housing Act


A. Title 24, Article 34, C.R.S.


B. Major Differences Between the Federal and Colorado Fair Housing Acts


VII. Colorado Civil Rights Division—Commission—Procedures


VIII. Housing Practices


IX. Discrimination in Places of Public Accommodation


X. Discriminatory Advertising XI. Persons with Disabilities – Civil Rights


CHAPTER 26: RELATED REAL ESTATE LAW


I. Real Estate Settlement Procedures Act (RESPA) 12 U.S.C. § 2607 – Prohibition against kickbacks and unearned fees


II. Manufactured Homes


III. Mobile Home Park Act


IV. Title to Manufactured Homes Act


V. Nondisclosure of Information Psychologically Impacting Real Property


VI. Soil and Hazard Analyses of Residential Construction


VII. Uniform Power of Attorney Act


VIII. Relief of Residential Taxpayers from Lien of Special District Taxes for General Obligation Indebtedness Certification and Notice of Special District Taxes for


General Obligation Indebtedness


IX. Colorado Consumer Protection Act


X. Disclosure – Methamphetamine Laboratory


Illegal Drug Laboratories


XI. Common Interest Community Disclosure


XII. Equity Skimming


XIII. Colorado Foreclosure Protection Act


XIV. Foreclosure Consultants


XV. Equity Purchasers


XVI. Notaries Public Act


XVII. Uniform Recognition of Acknowledgments Act


CHAPTER 27: COMMISSION-APPROVED AND MISCELLANEOUS FORMS .


I. Commission-Approved Forms


Rule F – Use of Commission-Approved Forms


II. Appendix – Commission-Approved Forms


GLOSSARY OF TERMS


 TOPICAL INDEX