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About Katie K Portenga
atie is a passionate REALTORA(R) who is dedicated to delivering luxury level service to all of her buyers and sellers. As an exceptional negotiator coupled with thorough knowledge of the Denver Metro, Boulder and Colorado's most sought-after Mountain Communities, she has closed over $146M in sales volume and sold over 250 homes earning the distinction of Top Individual Real Estate Producer by 5280 Magazine.
Katie genuinely enjoys working with her clients and brings a thoughtful, knowledgeable approach to every transaction. She has consistently earned repeat transactions from former clients and attributes her cumulative success to her reputation for scrupulous integrity, her enthusiasm about working hard for all clients, her broad market knowledge, and her experience gained from complex transactions.
As a proud longtime resident of Denver Proper and the Mountain Communities (Aspen, Silverthorne, and Steamboat), Katie represents both sellers and buyers throughout the Denver metropolitan area and the Mountain Communities. Throughout every transaction, Katie's goal is to exceed the expectations of each one of her clients so they feel 100% confident in referring her to family and friends.
Katie has a Bachelor of Fine Arts degree from The University of Texas at Austin, and she also studied at Boston University. Before venturing into residential real estate, she held sales positions at Fortune 500 companies - Xerox, Ethicon (a Johnson & Johnson company), and The Ritz-Carlton Club Aspen - all of which are well-known for the finest customer service, something Katie always provides her clients.
Originally from South Texas, Katie was an accomplished sailboat racer and participated in regattas around the nation. After residing in Austin, she decided to try something new and moved to Colorado in 2001 for a change of pace to enjoy the mountain lifestyle - hiking, skiing, and biking. During her free time, Katie plays tennis, continues to explore the mountains, travels, and spends time with family and friends. Katie has two children - Lucy and Garrett, two dogs - Deke and Stetson, and a cat - Pearl.
To start turning your dream of homeownership into a reality or to successfully sell your current property for top dollar, feel free to reach out to Katie K. Portenga today. She is here to guide you through the process, as not only your go-to realty expert, but as your trusted ally in Colorado real estate.
5280 Black Diamond Individual Top Real Estate Producers - 2022, 2023, 2024, 2025
Consistently Ranked in the Top 1% of Denver Realtors
5280 Five Star Professional Award | 2019-2025
Best of Zillow 2018, 2019
Denver Metro Association of Realtors Excellence AwardA(R)
Five Star Professional - 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025
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I would focus more on making the home look beautiful and marketable for prospective buyers. Paint the walls a neutral color like Alabaster White. If the home is vacant, I recommend staging. If it is occupied, I recommend engaging what I call an occupied stager who can work with you to make the home "show ready".
If there are multiple offers, I think this a a good offer as long as you can at least perform your own inspection and be able to terminate. Some buyers waive the right to ask for any inspection items to be repaired, and that makes an offer stronger, but I would always strongly urge a buyer to get their own inspection and have the right to terminate should the inspection uncover major issues you are not comfortable with in the home to move forward with purchasing the home. Not sure the list price. If there are NOT multiple offers, then I would not waive the inspection or appraisal.
I would consult your CPA. Depending on how long you owned your home and lived in it, you may or may not have to pay capital gains. Best to talk with your CPA
Contact a title company and ask them if they can process the closing. I also highly recommend consulting a real estate attorney and/or a licensed real estate agent to make sure the process is a smooth and positive experience.
Perhaps you can set up a temporary PO Box and have the mail directed there?
I would write a handwritten note and drop it off in person and door Knox to ask if they are going to list it! If they do not answer, leave the note! Maybe say how lovely the home looks as well!
Compensation has always been negotiable. I would not feel awkward discussing it with your real estate agent. It is a valid question. I would like to note, however, that buyers agents do not work for free typically and ever since the NAR case, I still have seen all my sellers pay buyer agent compensation to attract more Showings. Also, I have represented buyers and not had any seller compensate me to date. I have done about 48 deals since the NAR suit. I have always been paid by the seller for both buyer and listing compensation. It is easier for a buyer to compensate their buyer agents by having the seller pay as most buyers do not have the money out of pocket to pay for their buyer agents.
In Colorado, homes are technically sold " as is,aEUR? but that doesn't mean buyers won't ask for repairs. Most buyers will conduct an inspection, and if issues like a roof or other health and safety concerns come up, they will often request that those items be addressed. Of course, you can decline to make repairs, but that may mean losing that buyer. In many cases, the same issues will come up again with the next buyer, so they often have to be addressed eventually. Since it appears you're in Colorado as well, I can share that in my experience buyers and their lenders typically want major items like a roof resolved. In some cases, homeowners are able to file a claim with their insurance company and have the roof replaced, with the deductible paid out of proceeds at closing. Another option is to obtain several roofing quotes before listing the home. If the repair or replacement is manageable, taking care of it prior to listing can give you more control over the cost and allow you to market the property as having a new roof, which can be a strong selling point. It's also important to keep in mind that if a roof is in poor condition, a lender may not approve the loan, and buyers may have difficulty securing property insurance. If the buyer is obtaining financing, the lender will require that the home be insurable. Regarding the foundation, I would recommend having a professional take a look before listing the home, even if it's just a verbal assessment. Sometimes the issue may be minor and relatively inexpensive to address. If the repairs end up being too significant or not feasible to complete before selling, another option is to market the home specifically to cash buyers and limit offers that require financing. However, it's important to know that cash buyers typically expect a discount in exchange for taking on those repairs. A local agent can help you evaluate the condition of the property, estimate how buyers will react to these issues, and determine the best strategy to maximize your net proceeds.
I would take the best price and strongest terms you currently have among the offers and use those as your benchmark. Then, I would counter the cash buyer using those same ideal terms and price. If the cash buyer is unwilling to agree to those terms, you can then move to the next strongest buyer and counter them with the same price and terms that best serve your interests. Having multiple offers gives you leverage. You're not obligated to accept any offer exactly as written. Instead, you can negotiate by countering the strongest buyers with the combination of price and terms that works best for you.
You may want to contact a local realtor and ask them about return on investment. Some agents also work with companies that have interest free loans you could use to remodel or do updates and then you would pay it back at closing. They are really good programs. You might be able to just get away with some light "sprucing up" with maybe new countertops and painted cabinets as well as some new fixtures. I had a seller do new counters, painted cabinets, and new appliances. She got six times her ROI, so it definitely can help! Look for those agents with the interest free loan programs ;)
That is a super long time for an inspection objection! What timeframe does your contract say the inspection objection has to be turned in? In the Denver Metro (where I work), I usually have my buyers get an inspection done immediately upon going under contract and allow about 5 days to get estimates for any repairs and turn in the objection within a week. when I represent sellers I like for 5 days to 10 maximum business days for an inspection objection to be delivered. There is too much risk when a seller has their home off the market that long for inspections. Sorry you are going through this. Does not seem normal.
If you occupy your home, I highly recommend an occupied stager to help you figure out what to pack up and store, where to move furniture to make the photos better, what things to remove to make it look more appealing, etc. Spacious closets are a priority for showings. Consider storing seasonal clothes/shoes to visually open up all of the bedroom and coat closets. Try to have most items up and off of the floors with no aEUR~over the door' storage hangers. Line up the clothes evenly on hangers with empty hangers stored (think retail store). Fold clothing neatly on shelves and have nothing hanging from hooks. For linen closets, pack up what you don't use on a regular basis and neatly fold what you have left. If guest bedrooms are not being used, pack up what is in the closets. It's a great way to purge and get ready for moving day! **Kitchen Cabinets and Pantry: Buyers will be opening kitchen cabinets and drawers so line up dishes and glasses neatly. Line up food items neatly in the Pantry. Try not to have any aEUR~junk' drawers to push the idea that everything has a aEUR~place' . Clear out items on the floor in the pantry. **Bathrooms: Please store any cleaning products, shower caddies, scale, soap, kleenex, TP, trash cans and toiletries for photos. (think aEUR~hotel' room) Clear off the vanities completely leaving only a faux plant. Pack up personal artwork (leave the more generic ones) as well as open storage towers and aEUR~over the toilet' storage cabinets. Store any small rugs/bath mats. Take off the liner (shower curtains photograph better without them) and pull curtains back to reveal the plumbing fixtures. Vanity lights need to be on with the same bulb wattage and style. Tri fold and hang matching hand and bath towels on all of the towel rods and rings. Primary bathroom details are below. All light fixtures throughout the home will need to have the bulbs working and on for both photos/showings. Double check ceiling lights, pendants, chandeliers and lamps if you need to replace bulbs. Pull up the blinds to the top and pull curtains to each side evenly. Have the home deep cleaned which includes washing windows and glass doors. Have the carpet cleaned prior to photos. Please have your pup and kitties off premise for both MLS photos and showings with bowls, beds, toys, kitty condos and litter boxes stored.
I highly recommend requesting a back up offer and encourage it. If the current buyer requests for items to be taken care of during inspection, you can use the back up offer to leverage your negotiating with the current offer. You can say "no" to making any repairs. And the current buyer may back out because of that and then you would have the back up offer in first place (at least in the state of colorado!) may be different in your state.
Read over your listing agreement. Usually if there is something on the listing agreement that they did not perform but they were contractually supposed to perform (for example, if it says professional photos to be taken and they did not take professional photos), then you can ask to terminate based upon them not doing what they said they would do per the contract. you can also ask them to terminate or speak with their broker.
It is best to leave the home and go enjoy a movie or something so you are not around. Buyers feel much more comfortable when homeowners are not around. You can certainly turn on all the lights and open all the window shades and spruce up and clean the home to make it more presentable to buyers and help the agent out prior to the open house. Also, light music and fresh baked cookies make a home always welcoming!
I had a buyer not want to buy a home because they could not see what was inside of a wall that seemed to be drywalled over and there was obviously something between the drywall and exterior wall!
I would remove the peonies from the yard prior to listing the home and pot them in pots and then exclude them from the sale. If something is " attachedaEUR? or planted in a yard, it typically stays. I have had sellers love their chandeliers and want to take their chandeliers and they just replace them with a different chandelier (usually inexpensive) before photos and marketing and going on the market so that the buyers do not even see the chandeliers they want to keep!
Yes! Paint it all alabaster white or a neutral color. It is definitely worth your investment to not have multiple different colored walls. Katie K. Portenga, REALTOR, Coldwell Banker Global Luxury Denver Metro/Boulder
If you have the resources to keep both homes, I would buy your replacement home and move out. Then I would have your home professionally staged as it will present better and most likely get a higher price. Plus you do not have the stress of finding a new home once your current home is under contract. Less risk in being displaced! It would also give you time to find your perfect dream home in the new city. If you have a deadline to move you may end up rushing to buy something that is not the perfect fit for you! Katie K. Portenga, REALTOR, Coldwell Banker Global Luxury Denver Metro/Boulder
I always recommend interviewing a local credit union and a local lender that is solo and has their own brokerage. If a lender is solo, they may not have overhead as larger companies or lenders that work for companies that have franchise fees, etc. Also, ask questions about the length of time it takes to close. If you are in a competitive market where you need to close faster, you will probably want a local lender that is on their own. Banks tend to have longer turnaround times for appraisals and underwriting. I also recommend looking into community reinvestment act banks as you can get government money for some loans if the home qualifies and is part of the community reinvestment act zoning! Katie K. Portenga, REALTOR, Coldwell Banker Global Luxury Denver Metro/Boulder
I recommend asking the agents first comparable sales and also ask if those sales have seller concessions since a lot of sellers these days offer concessions . You may see homes sold on Zillow with a sales price of $500,000, for example, but the net sales price is often in notes in the MLS and not made public . If a seller gave $20,000 in concessions on that home, then the net sales price may only be $480,000 rather than $500,000! So have your real estate agent dive deep into those numbers as well. Then I prefer to price it on market or a little below market. Never price too high!
I like to use an escalation clause in multiple offer situations. There are other things you can do like make more favorable terms to compete in a multiple offer situation as well, though. It may not always be price. After exploring the other options like favorable terms and possibly quick closing, then you may want to do an escalation clause. Also, I prefer doing in increments NOT on the 5s or 10s because everyone else does. If you are going to do an escalation, then make it $2600 or $2100 and also make the offer $556,000 for example rather than $555,000! I like to go a thousand or more up. Lastly, as part of my escalation clause I include specific language that states: In the event this offer is one of multiple offers under review at the same time by the Seller, Buyer agrees to pay $2,700.00 above the highest acceptable offer received by the Seller. The maximum amount the Buyer is willing to offer is $656,000. Buyer agrees to execute a signed counterproposal reflecting the new offer price upon receipt of the counterproposal, a copy of the highest acceptable offer received by the Seller during this multiple offer period, and verification as the authenticity of the highest acceptable offer. The equal or better offer would need to be non-contingent on the sale of another property. If Buyer`s offer is the only acceptable offer to the Seller at this time, this paragraph shall not apply.
A seller may ask for a Post Closing Occupancy Agreement (which is essentially a lease) to stay in the home for maximum of 60 days if you, the buyer are getting a loan. If the buyer is a cash buyer, then a seller can ask for longer time for the rent back. There are certain provisions in the post closing occupancy agreement like rent, deposit, who will pay for electric and water, etc. If this is a home that you really want and the only way you can get it is to allow the seller to occupy it after the closing, then I would say the Post closing occupancy agreement clearly states the rental agreement and process should a seller not vacate. If the seller just needs extra time in the home and does not need to close before moving out, perhaps ask the seller for a later closing date. then you would not have to do a rent back. there is always a risk with the rent back, but that is why there is an agreement that is signed and enforceable! good luck! Katie K. Portenga, REALTOR, Coldwell Banker Global Luxury Denver Metro/Boulder
I think you should ask what is motivating you to sell? Is your goal to move to a new place? Is it for a larger home or to downsize? If you need to sell because of life circumstances, then I would just sell so you can move forward with your life goals. Do not let interest rates hold you back from moving on to your next chapter. If you are not in a rush to sell, however, then interest rates could affect the timing of the sale. When interest rates are higher, there might be less buyers out there buying. Some buyers ask for seller concessions to help buy down their rates in this market, so that is always an option and therefore it does not matter what the interest rates are as much. I wish we all had a magic crystal ball and could see the future. For all we know, interest rates can go up higher. I would not let rates deter you from selling if you are ready to move to your next chapter though! I might ask what season is best to sell in your specific market. Ask a local realtor what the inventory is that is comparable to your home. There are so many factors that can affect the timing of selling a home, not just the rates ;) Katie K. Portenga, REALTOR, Coldwell Banker Global Luxury Denver Metro/Boulder
Technically, every home in Colorado is sold "as is." That doesn't mean buyers won't ask for repairs, though. Most buyers will conduct a home inspection and may request that certain items be repaired before closing. If you don't have the cash to make the repairs upfront, don't assume you're out of options. In many cases, the title company can pay contractor invoices at closing and simply deduct those costs from your sale proceeds. Given the number of hailstorms we've had in Colorado, I would also recommend contacting your insurance company to see if your roof qualifies for a replacement. You may only be responsible for your deductible, which could save you a significant amount. My biggest advice is to disclose, disclose, disclose. Be upfront about any known issues, including the roof and foundation. If you're unable to make the repairs before selling, I would price the home accordingly and market it honestly as needing a new roof and foundation work. Buyers appreciate transparency, and pricing it appropriately will attract the right audience. Keep in mind that a home needing significant repairs will likely appeal primarily to cash or conventional buyers. FHA financing can be more difficult because the property must meet certain condition requirements before the loan can be approved. Finally, some real estate companies offer no-interest loans that allow sellers to make repairs before listing and repay the funds at closing. My brokerage offers a program like this, so it may be worth exploring if you want to maximize your home's value before putting it on the market. Katie K. Portenga, REALTOR, Coldwell Banker Global Luxury Denver Metro/Boulder
This is a great question, and it's one I've been getting lately. My perspective is that there's almost always something happening in the world that makes people nervous about buying or selling a home. Over my 20 years in real estate, we've seen wars, elections, recessions, pandemics, inflation, rising interest rates......you name it. If we all waited for everything to feel "normal," very few people would ever move. One thing I've learned is that people don't buy and sell homes because the market is perfect. They buy and sell because life happens. Realtors often talk about the "Ds" that drive real estate: divorce, death, diapers (growing families), downsizing, diamonds (marriage), and dislocation (job transfers or relocation). Life keeps moving regardless of what's happening in the headlines. Instead of asking, "What is the world doing?" I'd ask yourself, "Why do I want to move?" What's motivating you? Is your current home no longer meeting your needs? Are you looking for more space, less maintenance, a better location, or a different lifestyle? Remember, if the market softens and you sell for a little less than you hoped, you're also likely buying your next home in that same market. You may be able to negotiate a better price, better terms, or seller concessions that weren't available before. You're selling and buying in the same environment, so there is often a tradeoff. Personally, I try not to let world events dictate the major decisions in my own life. If there's something I truly want to accomplish, I go after it. I encourage my friends and clients to do the same. No one knows exactly what the housing market or the world is going to do next. The conflict could end, something else could happen next year, or the market could move for completely different reasons. Trying to perfectly time the market is incredibly difficult. If moving is the right decision for you and your family, I wouldn't let fear alone stop you. Make the decision that's going to make you happiest over the long term, not just based on today's headlines. Best of Luck! Katie K. Portenga, REALTOR, Coldwell Banker Global Luxury Denver Metro/Boulder
Personally, when I see a home that has sold every two years, it definitely catches my attention. I wouldn't automatically call it a deal breaker, but I do think it's something worth investigating. My first thought is, "Why are so many people moving?" The good news is that there are plenty of perfectly innocent explanations. Maybe each owner was relocated for work, got married, got divorced, had a growing family, or simply wanted a different home. But it's also possible there's something about the property or location that isn't obvious during a 30-minute showing. This is where having an experienced Realtor really pays off. I would start by looking at the home's history and then contact the previous listing agents and, if possible, the buyers' agents from each of those sales. While they can't disclose confidential information about their clients, they can often provide valuable insight about the transaction or the property itself. I'd also research the location carefully. For example, since I have lived in Aspen, there have been homes that looked incredible but were directly under the airport flight path or in areas that were difficult to access during heavy snow. In other neighborhoods, it could be road noise, train tracks, flood concerns, difficult parking, or something else that isn't immediately obvious. I'd also Google the property address, search local news archives, and see if anything comes up. You'd be surprised what you can find. If it's in Aspen, for example, I would search the address on AspenTimes.com and AspenDailyNews.com. Sometimes you'll uncover old news stories or neighborhood issues that explain a lot. If possible, talk to the neighbors. They're often the best source of information and can tell you what it's really like to live there. I'd also ask other Realtors who specialize in that neighborhood if they've heard anything about the home. Finally, don't skip inspections. A thorough home inspection, sewer scope, radon test, and any specialty inspections appropriate for the property can uncover issues that aren't visible during a showing. At the end of the day, I wouldn't automatically walk away just because of the sales historyaEUR"but I would absolutely do my homework before writing an offer. Katie K. Portenga, REALTOR, Coldwell Banker Global Luxury Colorado
If you already know you want to move, I would probably sell sooner rather than later. You may have to disclose that the AI center is being built, depending on your state's disclosure requirements and what you know about the project. Even if disclosure isn't required, buyers are likely going to notice the construction when they visit the home. The first question I'd ask is: **Are you only thinking about moving because of the AI center, or were you planning to move anyway?** If you were already planning to move, I probably wouldn't let the construction delay your plans. No one knows exactly how this project will affect home values. It could end up being viewed as a negative because of increased traffic, noise, and construction. On the other hand, if it brings thousands of high-paying jobs to the area, it could increase demand for housing over the long term. We've seen projects that people initially worried about eventually become a positive for surrounding neighborhoods. I would also look at where your home is located in relation to the project. Is it directly next to the AI center? Will there be increased traffic on your street? Is there going to be noise, bright lighting, or trucks coming through the neighborhood? Or is the development close enough to benefit from new jobs but far enough away that buyers won't be bothered by it? Those details matter. I'd also ask a local Realtor to pull comparable sales and look at how homes closest to the project are performing compared to homes farther away. They may already be seeing buyer feedback that can help you make a more informed decision. At the end of the day, don't try to perfectly time the market. Base your decision on your own goals. If the AI center is going to negatively affect your quality of life and you were already considering a move, I would probably lean toward selling sooner rather than waiting and hoping the market reacts the way you expect. No one has a crystal ball, but you can make a decision based on the information that's available today.
If the appraised value is lower than the purchase price, the buyer generally has several options, provided they act on or before the Appraisal Objection Deadline: Terminate the contract and receive their earnest money back (assuming all contractual deadlines are met). Submit an Appraisal Objection to the seller, along with a copy of the appraisal or written verification from the lender confirming the appraised value is below the purchase price. Negotiate with the seller. Common resolutions include: Reducing the purchase price to the appraised value (or somewhere in between). The buyer paying some or all of the appraisal gap in cash. A combination of a price reduction and additional buyer funds. Withdraw the Appraisal Objection and proceed with the purchase under the original contract terms. If the buyer and seller cannot reach a written agreement by the Appraisal Resolution Deadline, the contract automatically terminates unless the buyer withdraws the Appraisal Objection before that deadline.
Great question! This is actually one of the most important comparisons a buyer can make. I have an excellent lender here in Denver, Laura Hebert with Prodigy Home Loans, who prepares a personalized Total Cost Analysis that compares loan options side by side. Rather than simply comparing interest rates, her analysis helps you understand the true financial impact of each option from both a short-term and long-term perspective. Her analysis compares: Monthly Payment: What will each loan option cost you every month? Cash to Close: How much money will you need upfront, including any points paid? Break-Even Analysis: If you pay points for a lower interest rate, how long will it take for your monthly savings to recover that upfront cost? Cost Over Time: How much interest will you pay over 5, 10, or 30 years? Equity Growth: How quickly will you build equity through homeownership? Net Worth Analysis: Which financing strategy leaves you in the strongest long-term financial position? Instead of guessing which loan is the better deal, Laura's analysis shows you exactly how each option performs over time, allowing you to choose the financing strategy that best fits your goals and how long you expect to own the home. If you'd like a second opinion or some guidance, I'm always happy to help. I've been helping buyers and sellers throughout the Denver metro area for over 20 years with Coldwell Banker Global Luxury, and I'd be happy to answer any questions you have about financing, neighborhoods, the buying process, or negotiating a home purchase. You can read reviews from my past clients here: https://www.zillow.com/profile/KatiePortenga/ And here is Laura's information (even if you want to stick with your credit union, I still recommend contacting her to get educated on the loans!) Laura Hebert Prodigy Home Loans 558 E. Castle Pines Pkwy., B4-326 Castle Pines, CO 80108 www.ProdigyHL.com (720) 785-3965
Great question! This is actually one of the most important comparisons a buyer can make. I have an excellent lender here in Denver, Laura Hebert with Prodigy Home Loans, who prepares a personalized Total Cost Analysis that compares loan options side by side. Rather than simply comparing interest rates, her analysis helps you understand the true financial impact of each option from both a short-term and long-term perspective. Her analysis compares: Monthly Payment: What will each loan option cost you every month? Cash to Close: How much money will you need upfront, including any points paid? Break-Even Analysis: If you pay points for a lower interest rate, how long will it take for your monthly savings to recover that upfront cost? Cost Over Time: How much interest will you pay over 5, 10, or 30 years? Equity Growth: How quickly will you build equity through homeownership? Net Worth Analysis: Which financing strategy leaves you in the strongest long-term financial position? Instead of guessing which loan is the better deal, Laura's analysis shows you exactly how each option performs over time, allowing you to choose the financing strategy that best fits your goals and how long you expect to own the home. If you'd like a second opinion or some guidance, I'm always happy to help. I've been helping buyers and sellers throughout the Denver metro area for over 20 years with Coldwell Banker Global Luxury, and I'd be happy to answer any questions you have about financing, neighborhoods, the buying process, or negotiating a home purchase. You can read reviews from my past clients here: https://www.zillow.com/profile/KatiePortenga/ And here is Laura's contact information. Even if you choose to continue working with your credit union, I am sure Laura would be happy to run scenarios for you. She is highly educational :) Laura Hebert Prodigy Home Loans 558 E. Castle Pines Pkwy., B4-326 Castle Pines, CO 80108 www.ProdigyHL.com (720) 785-3965
A prescriptive easement can be more complicated than a typical utility or access easement because it often arises from long-term use rather than a negotiated agreement. The first step is to ask the title company for copies of any recorded documents relating to the easement and to explain exactly what appears in the title commitment and public records. They can explain what is recorded against the property, but they cannot provide legal advice. If you're considering purchasing the property, I would also recommend consulting with a Colorado real estate attorney. An attorney can advise you on the legal rights associated with the easement, whether it may be possible to relocate or terminate it, how it could affect your use and enjoyment of the property, and any potential liability concerns. Those are legal questions that are best answered by an attorney. Because you have dogs and young children, it's worth fully understanding the implications before moving forward with the purchase. If you're looking for a Colorado real estate attorney, these are two attorneys that I know and trust. They are not the only attorneys available, but they have been excellent resources for my clients over the years: Daniel Markofsky Attorney at Law, P.C. (303) 725-9393 [email protected] Cheryl Velasquez Real Estate Attorney Colorado Mountain Law (970) 544-4612 [email protected] https://comountainlaw.com If you'd like a second opinion or guidance through the home-buying process, I'm always happy to help. I've been helping buyers and sellers throughout the Denver metro area for over 20 years with Coldwell Banker Global Luxury. You can read reviews from my past clients here: https://www.zillow.com/profile/KatiePortenga/
In a competitive market, price isn't the only factor. The terms of your offer can be just as important. Below are optional strategies that may make your offer more attractive to a seller. Each has advantages and potential risks, so we'll discuss which options best fit your comfort level. Early Acceptance Bonus Offer the seller a bonus (often $2,000"$10,000+) for accepting your offer before the offer deadline, potentially avoiding a multiple-offer situation. Shorter Contract Deadlines Shortening contingency deadlines demonstrates confidence and allows the seller to move forward more quickly. Inspection Appraisal Loan Approval Earnest Money A larger earnest money depositaEUR"or making part of it nonrefundable after inspectionsaEUR"shows your commitment to closing. In some cases, a portion can be released to the seller before closing. Appraisal Gap Coverage If the appraisal comes in below the purchase price, you agree to pay a specified amount above the appraised value. Sellers may request proof that you have sufficient funds to cover the gap. Inspection Strategy Rather than requesting repairs for every item, you can: Limit objections to major issues (roof, foundation, structural, electrical, HVAC, etc.). Eliminate the Inspection Resolution Deadline while retaining the right to terminate if significant issues are discovered. Loan Contingency If financing is highly secure, some buyers choose to waive the Loan Termination Deadline, making the offer more appealing. This carries additional risk if financing unexpectedly falls through. Closing Costs Offering to pay expenses that are typically paid by the selleraEUR"such as title insurance, HOA transfer fees, or other closing costsaEUR"can increase the seller's net proceeds. Home Sale Contingency If you must sell your current home first, limiting the contingency period or waiving it (when appropriate) can strengthen your offer. Escalation Clause Automatically increases your offer by a predetermined amount over competing offers, up to your maximum price. While this can help win in multiple-offer situations, it also reveals your maximum willingness to pay. Post-Closing Occupancy Allowing the seller to remain in the home for a period after closing can be extremely valuable, especially if they need time to purchase their next home. Flexible Closing Date Offering a closing date that aligns with the seller's timeline can be just as valuable as a higher purchase price.
I would research and get multiple bids and estimates on what repairs they are wanting credit for at closing. If you need to extend the resolution deadline to get the bids, it is worth doing. then you can pick the least expensive bid if you want or use the least expensive bids to offer for credit rather than using a random number that the buyer wants. Best to get multiple bids. I have had, for example, one sewer company estimate $18k for a new sewer line and another sewer company estimate $8k for the same sewer line replacement. your real estate agent should have a list of contractors they trust and know will get good bids for you.
Hi Brenda - The first step is to interview a few reputable buyer agents in the area you want to buy. Make sure to ask them questions and see if you connect, but also make sure they have experience as well as lots of experience with working with first time home buyers. A good buyer agent will have a meeting/consultation with you and explain the process and educate you so you are not going into this blind. They will also give you some lender referrals if you plan to get a loan. Before looking at homes, you will need to get preapproved and see where you are comfortable as far as purchase price goes as well as what you qualify to buy.
Hi Jean - I have my buyers get estimates from licensed professionals before submitting their inspection objection and then I request for the seller to use specific licensed contractors and provide the estimates along with the inspection objection. I also always put this language on the top of my inspection objections: Seller, at Seller's expense, to have the following items evaluated, repaired, corrected and/or mitigated by appropriately licensed or qualified contractors as specified below. All work shall be completed in a professional manner prior to Closing. Seller shall provide Buyer with paid receipts and/or paid invoices, together with all applicable contractor reports, evaluations, test results, permits, inspection approvals and warranties, a minimum of two (2) days prior to Closing. Seller shall transfer to Buyer at Closing all transferable warranties applicable to the work performed, including warranties for equipment, parts, materials, labor and workmanship. and then I list what we want. I just submit and inspection objection for my buyer today and we had estimates for radon, sewer, tree trimming, new gutter, and grading. If the seller wants to use our contractors, that is great. they may submit an inspection resolution with something different so pay attention to the language and how they write it. make sure they used "licensed" and provide paid receipts for work done. or, if you want, put "in lieu of repairs, seller to credit ______ amount at closing towards buyer's prepaid, etc. You have to be careful with getting a credit and ask your lender if you can use all of the credit if you have a loan. also, a lender may require certain items to be repaired before closing. best of luck! Katie K. Portenga - REALTOR CB Global Luxury Denver 303-242-5062 - mobile
Are you using a listing agent who charges a lower fee for the listing side? You can certainly choose to do that. However, I would still recommend considering competitive compensation for the buyer's agent who brings the buyer. Most buyers today have a written buyer agency agreement with their agent that specifies how their agent will be compensated. For example, in Colorado, my buyer agency agreements typically provide for 3% compensation. When my buyers write an offer, they generally direct me to request that the seller pay that compensation as part of the terms of their offer. If the seller does not agree to pay the full amount, the buyer may be responsible for the difference. For many buyers, having the seller pay their agent's compensation is preferable because they may not have additional cash available at closing after accounting for their down payment and closing costs. It can therefore become an important part of the overall offer and negotiation. I personally show my buyers every property that may be a good fit for them, regardless of the compensation being offered, because my responsibility is to represent my buyer's best interests. A buyer should not miss the right home simply because of how the listing brokerage is structured. That said, I do recommend that sellers seriously consider a buyer's request for their agent's compensation. Buyer agents spend significant time and resources helping their clients search for homes, evaluate properties, prepare and negotiate offers, navigate inspections and appraisal, manage deadlines, and get the transaction successfully to closing. Just like the listing agent, the buyer's agent needs to be compensated for that professional work. Ultimately, buyer-agent compensation is negotiable and becomes part of the overall economics of an offer. I would evaluate the entire offer and the seller's net proceeds, rather than focusing solely on the percentage being requested.
Typically sellers choose the title company. In colorado, in our contract to buy and sell agreement, we can choose that the buyer will pick the title company and input that chosen title company. the seller can agree to it or not. it is part of the offer when a buyer makes an offer on a home. It is something that can be negotiated and agreed upon by the 2 parties.
If you "exclude" the shed from the sale an make sure the shed is listed in exclusions on the contract to buy and sell between you and the buyer, then, yes, you should be able to take your shed. Just make sure that it states in the contract that it is "excluded" from the sale. I would also have your agent advertise that it is excluded from eh sale in the MLS.
Yes, that is legal. Everything is negotiable in the agreement that you sign. If a buyer who is not represented wants to make an offer, it does take time and resources for the seller agency to draft up the offer and "take the order", and process everything. It is essentially double the work.
Per your agreement to work together, if the broker is not performing the brokerage duties, you can most likely request to terminate as they are not performing their duties. Read over the agreement to work together and you will probably be able to find an "out".
I always prefer to list low to force a bidding war. From my experience, pricing too high ultimately will get sellers less in then end and there will be more days on the market. Buyers will decide the price ultimately, and if it is worth a bidding war at the lower price, then you will get more. If it is not worth a bidding war, it was probably not worth that higher price to begin with and you will get your answer.
I think that you would still be under contract if you met all deadlines. Also, in your contract, do dates and deadlines get extended if they fall on a weekend (Saturday or Sunday) or holiday? If so, you should be well within your deadlines. In Colorado, it is super difficult for a Seller to terminate, so I would just keep in communication with your real estate agent. Everything it spelled out in our contracts, and there should be no gray areas.
I would ask for a copy of their bank statement showing the proof of funds. Or a letter from their financial advisor stating they have enough funds.
I am in Denver, and if you are aware of something, you will need to disclose, disclose, disclose. Also, when someone purchases a condo, they have the right to review Association Documents which will most likely state there is pending litigation in meeting minutes. It is always best to disclose everything that you know about the property.
Another thought I have is that you should definitely disclose, but I would also reach out to a lender and get some more information from the lender about what financing options there might be. I would be proactive with solutions before listing your property. I always find that getting creative and being proactive goes a long way. Disclose, disclose, disclose so it does not come back to haunt you down the line. You definitely do not want to go under contract and then have a buyer terminate after your home is under contract because of something that was discovered after going under contract. It looks bad if a home goes pending and then comes back on the market as active and then goes pending again. If you have a solid pricing strategy, up front solutions to provide buyers, ways to make buyers feel comfortable moving forward with purchasing your property, then you should be fine! Best of luck! Katie K. Portenga, REALTOR, Coldwell Banker Global Luxury Denver Metro - 303-242-5062 - [email protected]
If the deck is truly a limited common element, my first step would be determining who the HOA's governing documents say is responsible for maintaining and repairing it. In many townhome and condo communities, limited common elements are reserved for the exclusive use of one owner, but the HOA may still be responsible for some or all maintenance and structural repairs. If that's the case, I would be asking the HOA to address the deck, especially if the defects have led to water intrusion, flooding, and mold. Regarding the new plat versus the covenants, I wouldn't assume the plat automatically changes ownership or maintenance responsibility. If there is a conflict between the plat, declaration, and other governing documents, it's worth having a Colorado real estate attorney review them. Amending HOA covenants can be a lengthy and expensive process, so if the HOA is already responsible for the deck under the existing documents, it may be more practical to pursue that route rather than trying to amend the covenants. Based on what you've described, it sounds like you've done a thorough job documenting the construction, communications, and damages. That documentation could be valuable if the dispute continues.
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