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Practice Of Real EstateState SpecificHARD

A Colorado real estate broker is advising a client purchasing an irrigated farm. Which of the following items would NOT typically be included in the due diligence investigation of the property's water rights?

Correct Answer

C) Verifying whether the seller holds a valid Colorado real estate broker license to convey the water rights

A Colorado real estate broker license is not required to convey water rights. Water rights are real property interests that can be transferred by any property owner through a deed or separate water rights conveyance instrument. The seller's broker license status is irrelevant to the validity of a water rights transfer. Due diligence for water rights focuses on the legal status, priority, beneficial use history, encumbrances, and physical availability of the water — not on the seller's professional licensing.

Answer Options
A
Reviewing the water court decree to confirm the priority date, amount, and decreed use of the water right
B
Confirming whether the water right has been used beneficially and whether there is any risk of abandonment
C
Verifying whether the seller holds a valid Colorado real estate broker license to convey the water rights
D
Investigating whether the water right is subject to any existing leases, liens, or encumbrances

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Related Topics & Key Terms

Key Terms:

water_rightsdue_diligenceprior_appropriationwater_court_decreereverse_question

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