Owner / Broker, Colorado Springs Realty, LLC
As an attorney, has checked transaction files for different real estate brokerages, including the top broker in Colorado Springs, and a national franchise brokerage, Spring 2004 – present
As an attorney in 2015, John firmly “encouraged” a nationally recognized title company to remove judgment liens of $3,500 and $1.4 million which were wrongly “missed” by it and by agents during the purchase of a Broadmoor area home and wrongfully left on that home address as wrongful liens for over three years.
As the listing broker, John was a de facto co-developer of a three lot, 18 acre, subdivision in Black Forest. A difficult project which started out convincing the Colorado Division of Wildlife that there was no Preble Mouse or Preble Mouse habitat. Very old inaccurate surveys were painfully corrected. The local fire district required an underground cistern be installed on the property for general fire protection needs in the area. Worked with the Office of the State Water Engineer resulting in three wells. Result: Pine View Acres.
Co-Chairman, Solo / Small Firm Section
El Paso County Bar Association, June 2005 – 2013
FIRST REAL ESTATE PROJECT
Soon after law school, John initiated and with a local developer submitted a Request For Proposal to purchase and redevelop the abandoned Fire Station No. 6 owned by the Sacramento Housing and Redevelopment Agency. Built in 1915, the four door 74 foot wide station was designed around horse-drawn steamers, complete with hayloft, three 22 foot sliding poles, bell tower, and huge bell which came from England around South America. The bell was removed when the station was closed in 1978. Both levels totaled 5,800 square feet and the front doors now seen on the front are modern replacements. John prepared and submitted the original National Register Of Historic Places nomination form, later revised and resubmitted by a professional application writer. Result: The station was saved from demolition and has been on the National Register since 1991, NR Number 91000484.
NOTABLE LEGAL VICTORIES
Contract Law: While in law school, as the named plaintiff and representative of the class, filed a law suit against the American Judicature Society, Inc. for breach of contract perpetrated against myself and other students. (This story is shared because contract law is a critical feature of practicing real estate, Offer + Acceptance = Contract, and FYI – John spent nearly an entire summer researching and writing my essay.) AJS, then a multi-million dollar organization, sponsored a national essay context for law school and graduate students and the contest advertisements sent to schools around the country were offers which could be accepted, offers to enter into a contract. The offers were specifically designed so that a student could accept by timely submitting an essay to AJS. Turned out that 11 students from around the country accepted the offer by submitting essays with full knowledge that only one entrant would be declared the winner and “will” win the prizes. When the entrants were expecting to learn who won, were instead informed in writing “The committee of judges… unanimously determined that none of the submissions is of the quality warranting selection as a winner?” AJS ignored my letters that AJS had breached its contract with each entrant and AJS was then sued in California superior court for breach of contract and misrepresentation. AJS was represented by the San Francisco office of the international law firm of Morrison & Foerster and they did not win a motion or procedure. Ten students chose to participate (op-in) and a class of 10 members was certified by the superior court, perhaps the smallest national class action ever certified. Result: Before John graduated, AJS settled with all class members.
No-Call Solicitations: Winning plaintiff in perhaps the first appellate decisions in the country upholding No-Call solicitation laws on this legal point, what a person uses their residential subscriber home telephone for is irrelevant to that residential telephone number being protected by No-Call laws.
Result: If a person uses one’s residential home telephone for business as well as personal use, that is their right to do so, and if on the No-Call list that residential telephone number is still protected from solicitations. [Holcomb v. Jan-Pro Cleaning Systems of Southern Colorado (Colo. 2007) 172 P.3d 888; and Holcomb v. Smith, et. al. (Colo.App. 2007) 170 P.3d 815; Holcomb v. Colorado Association Of Real Estate Investors, LLC (Dist. Ct.) 4th Dist. of Colo., Div. 1 (August 30, 2013) 13CV149 (12C24908).]
ADVOCATE FOR TITLE IX
A student member of the Arizona State University Task Force To Implement Title IX to prevent gender discrimination in Inter- collegiate Athletics (“ICA”). The chairwoman of the Task Force was also the head of a department and she proposed that women’s athletic programs be incorporated into her department. (That would have increased monies to that department but with no guarantee that women’s ICA programs would be advanced and protected financially as was the principal purpose of the federal educational amendments.) The Task Force voted to send her proposal to the university president. I wrote and quickly hand-delivered a letter to the university president’s office which stated that all the student members voted “no.” When the chairwoman met with the president to inform him of what the Task Force had decided, the president suggested that she schedule another Task Force meeting. At that meeting, she asked me how I thought the meeting should proceed. I made a motion that the Task Force enact a new proposal.
Result: Title IX equal opportunity requirements were placed within the existing Department of ICA with programs for both men and women to have equal access to the massive amounts of ICA monies.
While in his final year at Arizona State, John was a Congressional Intern on Capitol Hill for an Arizona Congressman. Upon graduation, John was employed as a Page at the Arizona Legislature, House of Representatives.