Escrow & TitleIntermediateColorado Exam

In Colorado, a property owner seeking to sell a property with a lis pendens on title should first:

AProceed with the sale without disclosing the lis pendens
BDisclose the lis pendens to prospective buyers and resolve the underlying litigation before closingCorrect
CDemand the buyer purchase the property as-is with the lis pendens, as is typical in most transactions
DAsk the broker to handle the disclosure

Why Disclose the lis pendens to prospective buyers and resolve the underlying litigation before closing Is Correct

Answer B: Disclose the lis pendens to prospective buyers and resolve the underlying litigation before closing

A lis pendens clouds title and would prevent a title company from insuring clear title. The seller must disclose the existence of the lis pendens to prospective buyers and typically must resolve the underlying litigation before the property can be sold with insurable title.

Exam Tip: Escrow & Title

Escrow questions test the neutral third-party role and the sequence of closing events. Remember that the escrow agent acts as a dual agent for both buyer and seller and cannot advocate for either side.

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