Property Ownership

In Colorado, a 'notice of purchaser's lien' may be filed by a buyer who has paid earnest money but the seller refuses to close. This document:

AA. Automatically transfers title to the buyer
BB. Provides constructive notice to the world that the buyer has a claim against the property based on the purchase contract, potentially clouding the title✓ Correct
CC. Replaces the need to file a lawsuit
DD. Requires the seller to immediately refund the earnest money

Explanation

When a seller refuses to close, a buyer may file a notice of purchaser's lien (or lis pendens) with the county clerk to provide constructive notice of their claim against the property under the purchase contract. This clouds the title, making it difficult for the seller to sell or refinance the property until the dispute is resolved, providing the buyer with leverage to enforce the contract.

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