We are proud to announce that shareholder Jim Meseck has been selected to serve on the CBA Real Estate Council. Jim will serve a 3 year term on the council along with 6 other peers from the Colorado real estate legal community.
The CBA Real Estate Section Council’s mission is to monitor and report on judicial, legislative and other developments that affect the practice of real estate law. The goal of the section is to promote, clarify and educate members concerning issues arising in Colorado real estate law. For more information, please visit the Real Estate Section Council’s website directly at: http://www.cobar.org/For-Members/CBA-Sections/Real-Estate-Law
Jim Meseck and Dmitry Vilner recently won a motion to dismiss in a premises liability case. Jim and Dmitry’s clients were listing agents retained by a couple wishing to sell their home. The plaintiff, herself a real estate agent, alleged that she went to the home to “preview” it for a buyer. While previewing the home, the plaintiff allegedly fell through some unsecured floorboards in a bathroom and injured herself. The plaintiff sued not just the homeowners, but also Jim and Dmitry’s clients.
Jim and Dmitry successfully argued that their clients did not, as a matter of law, owe the plaintiff a duty of care either under the Colorado Premises Liability Act, section 13-21-115, C.R.S. 2017, or under a theory of common law negligence. The court agreed with Jim and Dmitry’s analysis, held that the plaintiff did not state a plausible claim for relief, and granted the motion to dismiss. This is a significant victory for real estate agents in Colorado.
By Jim Meseck and Diana Mendez
Thank you to Jim Meseck (and Ruth), Savvi Neufer (and Ross), Adam Goldstein (and Kacey) and Karen Caston for their volunteering time in April. Adam and Jim were in the warehouse, Karen and Ruth were in the marketplace, while Savvi, Ross and Kacey helped people get all their groceries out to their cars! All of the White and Steele volunteers who attended had a good amount of experience working at Metro Caring. Thank you to our volunteers for doing your part for our community!
White and Steele has a group working at Metro Caring each month on the last Tuesday, so come join us and see what Metro Caring is all about!
Thank you to Jim Meseck, Savvi Neufer, Adam Goldstein (with Kacey), and Susan Portillos (with Mike and Jeremy) for their volunteering time in January! They all worked in the warehouse sorting produce, rearranging racks, boxes, bins, and stocking shelves. There was a ton of fresh lettuce our volunteers had to sort through, getting rid of wilted leaves and composting. They also filled newspaper bags with partial rolls of toilet paper donated by airlines. Kacey and Susan did check in part way through the evening, helping get the families shopping and checked in. Jeremy and Kacey need volunteer hours for school so they were able to log 2.5 hours each. There were 43 families that went through the marketplace - a super busy night. What a great start to White and Steele's 4th year of volunteering at Metro Caring!
Interested in joining us? White and Steele has a group at Metro Caring the last Tuesday of each month!
Jim Meseck and Diana Mendez successfully defended a real estate broker and brokerage in a six day jury trial. The legal claims were for negligence, violations of the Colorado Consumer Protection Act (“CCPA”), fraud, negligent infliction of emotional distress, extreme and outrageous conduct, and civil conspiracy due to allegations of, among other things, undisclosed mold and past instances of water intrusion in the home. The Plaintiffs’ sought a verdict in excess of $500,000.00 against the broker and the brokerage firm. Ms. Mendez succeeded in persuading the court to dismiss, on a motion for directed verdict at the close of Plaintiffs’ case in chief, the CCPA, extreme and outrageous conduct and civil conspiracy claims. Mr. Meseck was able to persuade the jury to find in favor of the real estate broker and brokerage on the remaining claims. This case involved application of the broker and brokerage statutes, and demonstrated the complexity of Colorado Commission Position Statement 46 (“CP-46”) regarding a broker’s disclosure of adverse material facts and the meaning of actual knowledge.
Jim Meseck obtained summary judgment in defending a local Homeowner’s Association against a counterclaim brought by a former condominium owner. The counterclaim alleged that the association was negligent in maintaining the exterior common elements of the condominium and had intentionally interfered with the former owner’s prospective business relationship.
