Colorado Real Estate Manual

Publisher: LexisNexis

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2017 Edition
ISBN: 9781522124894
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2017 Edition
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LexisNexis works in partnership with the Division of Real Estate to publish the annual Colorado Real Estate Manual. 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 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


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


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


I. Commission-Approved Forms

Rule F – Use of Commission-Approved Forms

II. Appendix – Commission-Approved Forms