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Mark Defeats Statute of Limitations Defense in Quiet Title Case

In a quiet title action Mark filed on behalf of a condominium owner after another unit owner sold its unit without first offering it to Mark’s client, as required by the Declarations, the Arapahoe County District Court denied the Defendants’ motions for summary judgment.  In two Orders issued on January 28, 2022, District Judge Frederick Martinez completely rejected all of the Defendants’ statute of limitations arguments, agreeing with Mark that Colorado law is clear that a right of first refusal to purchase real estate is an interest in real property, not a mere contract, and that the three year statute of limitations applicable to breach of contract actions could not possibly apply.  The attorneys for the Defendants were Reid Allred and Alan Karsh. 

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