285 Hustler March 14, 2024

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Here’s How to Play the Inspection Game on Both Sides of a Residential Transaction

A common strategy for winning a bidding war — and I’m seeing more bidding wars nowadays, including on our own listings — is to “waive inspection.”

Another is to waive appraisal objection, but I’ll deal with that in a future column.

There are three inspection fields in the state-mandated contract to buy and sell a home: inspection termination, inspection objection and inspection resolution.

use other termination deadlines (such as for title, HOA documents, insurability, etc.) to terminate for an inspection issue identified later on.

In composing a contract to purchase a home, the buyer might decide to sweeten his or her offer by eliminating the inspection contingency. This is obviously attractive to the seller, but “buyer beware!”

First of all, realize that the buyer can exercise one or the other — inspection termination or inspection objection, but not both, even though deadlines can be entered for both. (Inspection resolution only applies if there’s an inspection objection.) If a buyer submits an inspection objection with a list of requested repairs, he can’t change his mind later on and decide to terminate. At that point, if the seller submits an inspection resolution agreeing to every demand you made, the buyer is bound (in my non-legal opinion) to sign it as a matter of good faith (which is embodied in the contract), and once both parties have signed it, they are “past inspection.”

That good faith provision of the contract (Section 28) says that both buyer and seller must act in good faith with respect to sections of the contract, including inspection, which have termination provisions, and the Colorado Real Estate Commission has instructed us that this means you can only use an opportunity to terminate if you are terminating pursuant to the stated provision.

In other words, while you can terminate for any reason (including buyer’s remorse) under the inspection termination provision, which merely states that the buyer has found the property’s condition unsatisfactory “in Buyer’s sole subjective discretion,” the buyer cannot

(Given the recent increases in home insurance costs, however, a buyer could reasonably defend terminating on insurability, which again is at buyer’s “sole subjective discretion,” without revealing that it was really buyer’s remorse, or because of a newly identified inspection issue.)

Let’s say that a buyer has waived inspection objection but not inspection termination. Both buyer and seller need to recognize that this does not mean that the buyer can’t get the seller to fix a serious issue. The buyer still has the right to inspect every conceivable component or feature of the property — even whether there’s an externality such as a noisy neighbor or construction project nearby. If he finds that there’s a major problem (such as a structural issue or sewer line collapse), the buyer’s agent can notify the listing agent that the buyer intends to terminate because of it and, guess what? The listing agent will explain to the seller that this issue exists and will have to be disclosed to a future buyer, likely convincing the seller to say, “I’ll fix that problem if you don’t terminate.”

Upon receiving a purchase contract which waives inspection objection but not termination, a good listing agent will warn his seller about this possibility, just as a good buyer’s agent might advise the buyer that waiving inspection objection isn’t as final as it may sound.

One way to make a contract which waives inspection objection but not termination more attractive to the seller is one that was included in the purchase contract on our own Arvada listing featured a couple weeks ago. The buyer included an earnest money deposit that was higher than the minimum specified in the MLS and stated under additional provisions that $10,000 of it would be non-refundable upon acceptance of the contract by the seller. I wouldn't advise this strategy without a detailed inspec-

No Real Estate Brokerage Exposes Your Home to As Many Buyers As Golden Real Estate Does

If you choose one of our broker associates or me to list your home, it will be featured in this weekly ad. But did you know how many newspapers publish this column? It appears every Thursday in all editions of the Denver Post’s YourHub section, plus the following weekly newspapers: Arvada Press, Brighton Standard Blade, Canyon Courier, Castle Pines News-Press, Castle Rock News-Press, Centennial Citizen, Clear Creek Courant, Commerce City Sentinel Express, Denver Herald-Dispatch, Douglas County News Press, Elbert County News, Englewood Herald, Fort Lupton Press, Golden Transcript, Highlands Ranch Herald, Hustler 285, Jeffco Transcript, Littleton Independent, Lone Tree Voice, MetroWest Advertiser, Northglenn-Thornton Sentinel, Parker Chronicle, South Platte Independent & Westminster Window. The total circulation is over 300,000!

tion (perhaps with a professional inspector) during a scheduled showing prior to submitting a contract with this provision. The buyer could still terminate but would be out $10,000, and it might reduce the incentive for the seller to say, “Hey, I’ll fix that!”

Another common provision in a competitive bidding situation is for the contract to limit the extent of demands to be included in buyer’s inspection objection. For example, “health and safety items only,” or “only issues requiring over $2,000 to mitigate or repair.”

In responding to a list of inspection objections, it’s increasingly common, especially among elderly sellers, to offer a financial concession or a price reduction instead of fixing certain items. One drawback of this approach, however, is that if the buyer is financing the purchase with a mortgage, the lender won’t want to see that a serious problem is not being addressed prior to closing. This is completely understandable. And it’s hard to keep that information from the lender without being guilty of mortgage fraud, which is a federal offense.

A strategy I favor in that case is to have the seller pre-pay for the repair at closing, with the title company writing a check payable to a vendor for the repair out of the seller’s proceeds from the transaction. Alternatively, the title company might escrow the money for said repair, giving the buyer an opportunity to shop for the best vendor.

Sometimes not all inspections can be completed by the objection deadline. The buyer could ask for an amendment to the contract changing the deadline, but there’s another, simpler solution that I have employed. Let’s say you don’t have the radon results prior to the objection deadline. I would insert in my buyer’s inspection objection the following sentence: “In the event that radon is determined by the inspector to be above the EPA action level, seller agrees to mitigate it using a licensed radon mitigation company.”

The purpose of inspections is to discover “hidden defects,” but sometimes a buyer will want to ask for something that wasn’t hidden at all, such as a

cracked driveway or old carpeting. My suggestion as the seller’s agent is to deny those requests outright, since they should have been (and probably were) taken into consideration when the buyer chose to submit their contract.

Now let’s say the seller submits an inspection resolution that ignores too many of the buyer’s demands. If both parties don’t sign a resolution prior to the resolution deadline, the contract automatically expires. Remember, this is a negotiation, just like the negotiation which got the home under contract. Either party, not just the seller, can write the inspection resolution, so the procedure for “countering” an unacceptable inspection resolution is to write another one, back and forth if necessary.

Getting a backup contract has a role to play in handling inspection demands. With a backup contract for the same price, my seller can share the buyer’s demands (plus the full inspection report) with the backup buyer and ask if they would accept the house as-in without those demands for repairs. This creates a no-lose situation for my seller. I can tell the buyer that our backup buyer will accept the house as-is if they terminate. The buyer will then likely withdraw their inspection objection, but if they decide to terminate, that has the same effect. Either way, it’s a win for my client, which is what I’m hired to get.

This long column reflects over two decades of experience dealing with inspection issues for both buyers and sellers — and I have not covered all the scenarios one might encounter. If nothing else, I hope this article convinces readers that having an experienced agent, such as those of us at Golden Real Estate, on your side in a real estate transaction is the best way to assure the optimal outcome for you.

Inspection Is Buyer’s Responsibility

Now and then I see an inspection objection which calls for the seller to hire a specialist, such as an engineer or electrician, to inspect this-or-that and to fix any problem discovered, but the contract specifically says that inspection is the responsibility and expense of the buyer.

CHUCK BROWN, 303-885-7855

DAVID DLUGASCH, 303-908-4835

GREG KRAFT, 720-353-1922

AUSTIN POTTORFF, 970-281-9071

KATHY JONKE, 303-990-7428

“Concentrate on giving and the getting will take care of itself.” —Anonymous

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The 17th Annual Foothills Home, Garden and Lifestyle Show Showcases Innovative

Home Products and Services

e 17th Annual Foothills Home, Garden and Lifestyle Show (FHGLS) is scheduled for Saturday, April 13 from 10:00am-5:00pm and Sunday, April 14 from 10:00am-3:00pm at Conifer High School (10441 Highway 73, Conifer). ere is no admission fee required to attend this event and parking is also FREE.

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e months of January and February have come and gone so quickly. One has hardly had time to catch one’s breath let alone keep pace with climate change issues, constantly developing worldly concerns, and everything else that is going on with your own professional and personal life.

at said; if you feel you are losing your daily footing and are feeling unsure about how to get back on track, Christine Kahane’s March 30 Balance workshop is designed to help you explore extremes in your life and discover tools for bringing them into harmony.

Nationally Board-Certi ed Executive and Health & Wellness Coach Christine Kahane, of Kahane Coaching, will facilitate her very a ordable ($60/per person) Balance workshop in her downtown Evergreen o ce at 28186 Highway 74, Suite 5, (creek side) on Saturday, March 30 from 10:00am-12:30pm.

“Every aspect of our lives is being impacted by soaring costs. So, for this very reason I am committed to o ering

Fun Easter Gifts Kids Will Love

(StatePoint) While bunny- and eggshaped candies are always crowd-pleasing favorites during Easter, you can make the holiday extra special for kids with some less sugary treats that can be enjoyed year-round. For a joy- lled celebration, get inspired with these fun and egg-cellent ideas for Easter baskets:

Great Books

Books unlock new worlds and ideas, making them great gi s on any occasion. Easter is no exception. Use the opportunity to stock children’s shelves with ction by favorite and new-to-them authors, as well as non- ction books on subjects of interest to

them. With the thoughtful gi of brand-new titles to discover, they’ll be well-prepared to stay engaged and entertained during the downtime of spring and summer vacation ahead. A few thematic ideas include, “ e Good Egg: An Easter and Springtime Book for Kids” and “ e Velveteen Rabbit.”

Cool Toys

Make children’s days tweet-tastic with VTech Gabbers, u y bird buddies that can be brought along on adventures by sliding a fabric-covered magnetic egg under one’s shoulder sleeve and perching the bird on top. ree di erent colored Gabbers: Jay Blue, Finch Pink and Owl White, all sing, make

funny sounds and will repeat and tweet the things kids say in a funny voice! Whether you gi one bird, or all three, this will be a beloved and adorable addition to any Easter basket. Another cool idea that puts a spin on Easter eggs? Switch & Go Hatch & Roaaar Eggs. ey open up to include all the pieces needed to build 2-in-1 dinosaur vehicles. e line-up includes a t-rex racer, pterodactyl chopper and more. For more toys that make great Easter gi s, visit amazon.com/ vtechtoys.

Inspiration and Gear

Another fun addition to Easter baskets is gear and tools that support kids’ hobbies,

quality and a ordable self-help workshops so people can achieve a greater sense of balance and accomplishment in their lives,” said Christine Kahane, author of her newly launched book, UNLearning: Leading Change Without Resistance, available on Amazon.com (https://bit.lv/UNLearning).

Christine works with people who are looking to re-direct their lives. She coaches you through the job-search process, career changes, and other obstacles that can block your life’s full potential to thrive.

Using various techniques that integrate your communication styles, behavior patterns, and preferences she helps you discover the best answers to your most perplexing questions so you can move forward and harness your greatest strengths for a deeply purposeful life.

Call Christine Kahane (303-5895456) for one-on-one or group appointments. Visit her website (www.kahanecoaching.com) for Emotional Resilience Group (ERG) chat information, or to register online for her March “Balance” workshop.

passions and talents. For example, if you’re shopping for a young artist, consider gi ing them a watercolor set, cra ing kit or kid-friendly knitting needles. For a child interested in the performing arts, you can get them started on their journey with a gi certi cate for music, acting or dance lessons. Or, help get a budding athlete prepared for the spring and summer sports seasons ahead with a light-up baseball or so ball, which will allow them to extend their game of catch into the evening, giving them a competitive edge.

With a few tweaks to your Easter basket routine, you can make the holiday fun and memorable for children.

LIFESTYLES | MARCH 2024 A    C C M PAGE 4
ING
LIFE COACH
MARCH WORKSHOP: FIND YOUR BALANCE Christine@ KahaneCoaching.com 303.589.5456 KahaneCoaching.com
Price is $60
workshops are 10:00 – 12:30 @ 28186 Hwy 74, Suite 5 (on the Creek in downtown Evergreen!)

Spring Savings Have Sprung!

Spring is just around the corner! is is the perfect season for catching up on overdue maintenance, deep cleaning, and organizing in your home. We will help you cross your replace o your Spring to-do list, and you can help us make some room in our store. We can x your broken replace (you know you’re still going to need it for several weeks yet), perform the necessary annual service on your hearth appliance, or replace your outdated replace, stove, or insert.

Even better yet, we’re Spring Cleaning our warehouse and we’re eager to get some of our best-selling models into your home! Our Spring savings have sprung and we’re o ering you the best deals of the season, while supplies last.

Not only can you have the replace, stove, or insert of your dreams, it will also be safe, beautiful, warm, and save you money on your purchase and energy bills. Today’s hearth appliances boast the

best e ciency, and many woodburning and pellet-fueled stoves and inserts we carry qualify for the Federal Biomass tax credit. Springtime is also tax season, and you can take advantage of this tax credit of up to $2,000 back on your entire project cost!

If you’re happy with how your replace is holding up, make sure you take care of it a er it has kept you comfortable all winter. Spring is the best time for annual maintenance! Not only do you avoid the long wait times of autumn, but there is a scienti c advantage to getting your chimney cleaned in the Spring. e soot and creosote that accumulates during the burning season is highly acidic. Combined with the humidity of spring and summer, this is corrosive and causes degradation to your chimney system. Getting your chimney cleaned at the end of the burning season is the best way to prevent this damage.

Do you think that because you don’t burn wood you don’t need an annual cleaning? You are mistaken! Your gas replace, insert, or stove also needs an annual Spring Cleaning and inspection. is helps to maximize your appliance’s performance and keeps your home safe too. You may wonder, how do you service something that burns gas? e process is di erent but just as important. With a gas unit, our Certi ed Technicians clean the glass, logs, inside the rebox, and refresh the burner media. We also perform an inspection on the appliance to check that all the components, like the pilot and thermocouple, are working well and we check for gas leaks to keep your family safe.

Springtime is also Home Show season! Visit us at Conifer High School for the annual Foothills Home, Garden and Lifestyle Show on Saturday April 13th and Sunday April 14th. You can schedule

an annual service and ask us your replace questions. You’ll be able to talk to our certi ed professionals about your hearth appliance service, Springtime home projects, and our overstock replaces, stoves, and inserts. We look forward to seeing you there!

is Spring, we’ll help you check your replace and chimney o your SpringCleaning list! Get your chimney cleaned, your hearth appliance evaluated, a leaky chimney inspection, and discuss a new appliance with just one phone call to Mountain Hearth & Patio at 303-6791601. We have been servicing and installing replaces in the Foothills and Denver Metro for over 20 years. You’re invited to see for yourself! Visit our showroom at 7001 Highway 73 in Marshdale or visit our website at www.MtnHP.com. Give us a call at 303-679-1601 or send an email to O ce@MtnHP.com. Happy Springtime!

 M A    C C M LIFESTYLES | MARCH 2024 PAGE 5 Spring Savings Have Sprung on our In Stock Inventory! Winter isn’t over yet! Turn your outdated and ine cient replace into a cozy centerpiece of your home. With just one phone call, you can repair or replace your replace, stove, or insert. Visit
to see the new high-e ciency hearth appliances we have in stock today! (303) 679-1601 7001 Highway 73 Evergreen www.MtnHP.com Lopi Gas Stoves - 3 sizes In Stock! FPX Flush Wood Insert - 2 sizes In Stock! HearthstoneWoodstoves - Many sizes & styles In Stock! Kozy Heat Gas Insert - 2 sizes In Stock! Cross Your Fireplace O Your Spring Cleaning List! purposeResilience “Balance”
our website and our showroom
lessons. ahead catch
“It is impossible to produce superior performance unless you do something different from the majority”
- Sir John Templeton

Rich Barbell Fitness O ers Strength And Conditioning Training For Athletes And Others

www.Richbarbellfitness.com

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30746 Bryant Dr Unit 403 (Not visible from street. Up Bryant Drive)

“No pain, No gain” implies if you don’t feel any pain when working out, you won’t lose weight or build muscle. But Richard Bell, Certi ed High School Strength and Conditioning Coach (CSCC) and owner of Rich Barbell Fitness & Sports Conditioning located at 30746 Bryant Drive/Unit 403, Evergreen believes, “weight/muscle gain is all about the pain of discipline, ghting against your own urges to do the things you should do, whether you like it or not versus not doing them and living with the pain of regret.”

Highly sought a er high school Strength & Conditioning Coach Richard Bell was once Head Basketball Coach for Bailey, Colorado’s Platte Canyon H.S. where he oversaw all his athletes’ o -season weight training sessions. is experience led him to pursue his passion for improved sports performance on a full-time basis. From 2014-2017 he was the Head Strength and Conditioning Coach for Mullen High School.

“My goal has always been to improve the way athletes approach their strength/conditioning goals by applying scienti cally-proven techniques to enhance human performance on the playing eld,” said Rich Bell.

For the past several years Richard Bell has shi ed his focus from working with entire school teams to coaching individual athletes 13 years of age and older, from junior high school through the college ranks. He also works with all types of individuals and “Weekend Warriors.”

‘My goal has always been to improve the way athletes approach their strength/ conditioning goals by applying scientificallyproven techniques to enhance human performance on the playing field,’ Rich

Over the past 29 years, Rich Bell has trained over 400 athletes at di erent levels and various sports backgrounds. He continues to incorporate new training techniques and methods into his programs determined entirely by each person’s personalized assessment to ensure his clients’ fast results, better performance, increased stamina, and improved physical appearance. Whether you want to improve your athletic skills or simply improve your tness, contact Rich Barbell Fitness ( http://richbarbell tness.com) to set up your consultation.

LIFESTYLES | MARCH 2024 A    C C M PAGE 6
American made boilers Locally owned & operated Serving Clear Creek & Jeffco since 1994 ALL YOUR HEATING & COOLING NEEDSIN ONE CALL 303-567-4233 denverheat.com H EATING C OOL ING Boiler Specialists Featuring
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HOME & GARDEN

From Page 2

Foothills Home, Garden and Lifestyle Show for the past 17 years without the continuing support of our dedicated Evergreen and Conifer Rotary Club members, our loyal sponsors, and over 70 volunteers.” Janine Payton went on to express thanks to everyone who, over the years, has enabled the Foothills Home, Garden, and Lifestyle Show to become such a popular and successful community event.

e pandemic sidelined the Foothills Home, Garden and Lifestyle Show in 2020 and caused it to be canceled that year just prior to its scheduled dates. Likewise, the event was not held in 2021 due to the continuing virus. However, since 2005, e Foothills home show has been welcoming home more than

1,000 attendees each year (depending on the weather) and helping “business to happen.” Residents of our local foothills community understand that shopping locally keeps monies in our own community. Supporting the success of our mountain businesses, retailers, and nonpro t organizations, as well as the show’s vendor participants from down the hill, ultimately fuels our local economy and real estate market enabling our community to thrive while perpetuating our beloved mountain lifestyle.

e Evergreen Rotary Foundation (ERF) and the Conifer Rotary Foundation (CRF) are the entities that distribute grant money to the local community and internationally on behalf of the Evergreen and Conifer Rotary Clubs. Over the years many local organizations have bene ted from Rotary grants, including: Seniors’ Resource Center, Mountain Resource Center, Evergreen Christian Outreach, Blue

Spruce Habitat for Humanity, Evergreen Chamber Orchestra, Evergreen Fire and Rescue, Evergreen and Conifer High Schools, Mountain Area Land Trust, Mount Evans Home Health Care & Hospice, Stage Door eater, Staunton State Park Track-Chair Program, and more.

Since its inception, the Foothills Home, Garden and Lifestyle Show has raised well over $300,000, all of which has been, and will again be, apportioned back to the bene t of our community.

e 17th Annual Foothills Home, Garden and Lifestyle Show, which boasts boundless bene ts to its attendees, is sure to be a fun way to spend the weekend. In addition, unlike in previous years, entry to this home show is FREE to the public. However, if you choose to further support our local community, food donations will be accepted at the door and greatly appreciated on behalf of the 285 BackPack Project. Because one in ve children in

Colorado belong to families that cannot a ord food, or do not have regular access to food, the Conifer Rotary-led project, which partners with the Conifer and Bailey communities, sends food home with kids over the weekends. Visit the website (foothillshomeshow.com) for a list of suggested food items for donation. Foothills residents like to do business with people they know, like, and trust. So, mark your calendars and come out to the 2024 (17th Annual) Foothills Home, Garden and Lifestyle Show at Conifer High School on April 13 and April 14. Allow yourself the opportunity to meet area vendors face-to-face, learn more about their products/services and discover the latest home/garden trends and current products available for you, your own home, and your lifestyle. Start building good working relationships at the Foothills Home Garden and Lifestyle Show, and show your community support to just let “business happen.”\

 M A    C C M LIFESTYLES | MARCH 2024 PAGE 7
Others
March LIFESTYLES | MARCH 2024 A    C C M PAGE 8 TREATED LUMBER • COMPOSITE DECKING • TIMBERS • HARDWARE & MORE FREE Delivery in the Foothills Area restrictions apply call for more details Framing • Cedar • Redwood • Timbers Glulams • Microlams Lvl • Plywood Mouldings • Siding, Roofing & Much More Call : 303.670.7269 Fax : 303.670.4491 Decking Supplies, Building Material & Lumber CONTRACTORS • DO IT YOURSELF • HOME BUILDERS www.diversifiedlp.com 1232 Bergen Parkway, Suite 101 Evergreen, CO 80439 Family Owned Lumber Yard DIVERSIFIED LUMBER PRODUCTS Let us help you plan your next project! We Offer Special Contractors Prices Only 5 Minutes from I-70 in Bergen Park
March 14, 2024 285 Hustler 9 Crossword Solution Solution © 2016 King Features Synd., Inc. NEVER WILL I EVER... BY MARC VARGAS • ZAZ@CAMPVARGAS.COM

TRIVIA

1. TELEVISION: Which TV sitcom featured a father gure named Philip Banks?

2. LANGUAGE: How many letters are in the Greek alphabet?

3. MOVIES: Which movie features the line, “To be honest, when I found out the patriarchy wasn’t just about horses, I lost interest”?

4. SCIENCE: How long is an eon?

5. GEOGRAPHY: In which country is most of the Kalahari Desert located?

6. MUSIC: Which singer once was called the Material Girl?

7. FOOD & DRINK: What is injera?

8. ANIMAL KINGDOM: What is a group of cockroaches called?

9. GENERAL KNOWLEDGE: Which large U.S. city is nicknamed Emerald City?

10. GAMES: How many blocks are in a Jenga tower?

Answers

1. “ e Fresh Prince of Bel-Air.”

2. 24.

3. “Barbie.”

4. 1 billion years.

5. Botswana, Africa.

6. Madonna.

7. Fermented atbread.

8. An intrusion.

9. Seattle, Washington.

10. 54.

(c) 2024 King Features Synd., Inc.

FLASHBACK

1. Brasil ‘66 was the backup band behind which artist?

2. Name the group that released “His Girl.”

3. Which Elvis Presley song’s melody came from an old Civil War ballad?

4. e second album of which artist was titled “Tapestry”?

5. Name the song that contains this lyric: “To you I’m a toy but I could be the boy you adore, if you’d just let me know.”

Answers

1. Sergio Mendes. e Brazilian musician received a Grammy for Best World Music Album in 1993 and Best Brazilian Contemporary Pop Album in 2010.

2. e Guess Who, in 1967. e song charted in the U.K. and Canada but not in the U.S. ere were multiple versions, with the U.K. release having strings added without the band knowing about it.

3. “Love Me Tender,” released in 1956. e melody came from the old ballad “Aura Lee,” written in 1861. e song

has been used in many dozens of lms and shows and covered by several artists.

4. Carole King, in 1971. e album won four Grammy awards and included hits such as “I Feel the Earth Move” and “It’s Too Late.”

5. “Build Me Up Buttercup,” by e Foundations in 1968. It was used in insurance commercials as recently as 2021.

(c) 2024 King Features Syndicate

March March 14, 2024 10 285 Hustler
March 14, 2024 285 Hustler 11 RECYCLE This Paper
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The property is 1,560 square feet with a completely separate 560 sq. foot ADU with 2 car garage and space for RV parking--the unit has solar.

The property is an outstanding family home, all on one level, if financing is required the payment can be offset by renting out the Main Unit or ADU -and live in the other -- to offset the monthly payment. The short term rental (STR) market is always thriving in the central Colorado area with so many individuals and families that want to come to Colorado for an adventure and see the myriad of attractions Red Rocks Parks, Garden of the Gods, Buffalo overlook, The Air Force Academy, Estes Park or of course to check out our great skiing, food and and beer. If you decide to take advantage of the STR market we will list the property on Air BNB and or VRBO for no charge and run the rental for 90 days at no charge and hand over to you turnkey.

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