Jim Benjamin is a real estate and business attorney with Ireland Stapleton Pryor & Pascoe. Mr. Benjamin is well-known for his legal work in real estate, banking and lending. In his practice he works with developers, land owners, banking and lending institutions, landlords, commercial tenants, and lenders, borrowers, sellers and purchasers of real estate including vacant land, subdivisions, office buildings, apartments, shopping centers and mixed use complexes. Mr. Benjamin’s practice focuses on commercial real estate transactional work, including acquisitions, sales, leasing, financing, condominium development, land development and condominium conversions, as well as institutional client lending, including asset-based financing and real estate secured financing.
He works on matters involving real estate loans, real estate acquisitions and dispositions, commercial leasing, ground leases, condominium and common interest community regime formation, reciprocal easement agreements and LLC formations.
He is frequently retained as an expert witness in court proceedings and arbitrations to provide testimony, opinions and advice on complex real estate law matters and on the standards of care required by attorneys in representation on real estate transactional matters.
Mr. Benjamin is a frequent lecturer teaching continuing legal education courses for other attorneys on substantive areas of real estate law and ethics for transactional lawyers. He is the Managing Editor of CLE of Colorado, Inc.’s book on Colorado real estate forms. The book covers purchase and sale agreements, listing agreements, deeds, 1031 tax deferred exchanges, deeds of trust, promissory notes, leases, easements, closing documents, forcible entry and detainer actions and mechanics’ liens.
Prior to joining Ireland Stapleton Mr. Benjamin led the real estate boutique law firm, Benjamin & Cohen from 1990 to 2019. He has also headed the real estate departments of a large regional law firm and of the Denver office of a large national law firm.Legal Experience
Presentations & Publications
Representative of the types of transactions for which Mr. Benjamin has acted as counsel have included the representation of:
- Purchaser/borrower in the acquisition and financing of a conglomerate of apartments at a purchase price more than $150 million involving a syndication of lenders
- Purchaser of numerous high- rise office buildings in Downtown Denver and suburbs
- Purchasers of hotels in Colorado, Wyoming, North Dakota, and Tennessee
- Purchasers of shopping centers
- Creation of Bramblett tax transactions for land owners, who subsequently developed the properties into single family residential subdivisions
- Purchasers and sellers in Section 1031, IRC, tax-deferred exchanges
- Land owners granting conservation easements on their property
- Shopping center and office building complex owners in the creation of reciprocal easement agreements
- Landlords in leasing high-rise office buildings and retail spaces in shopping centers and mixed- use developments
- Tenants in leasing commercial office space and retail space
- Creation of condominium projects and conversion of apartments to condominiums
- Acquisition and financing and FHA refinancing of mobile home communities
- Lecturer, Leases and Promissory Notes, Real Estate Deskbook Seminar, 2019
- Lecturer, Types of Conveyance Deeds and When to Use Them, CLE of Colorado, Inc., 2016
- Lecturer, Roof Top Leases, Annual Real Estate Symposium, CLE of Colorado, Inc., 2011
- Program Chair, 23rd Annual Real Estate Symposium, CLE of Colorado, Inc.
- Arapahoe County Bar Association
- Colorado Bar Association
- Denver Bar Association
- State Bar of California
- Fly fishing guide for the Healing Waters Project, teaching soldiers and veterans with disabilities the art and healing attributes of fly fishing
- As general counsel for Osage Initiatives, a project involving the affiliation of for- profit and non-profit entities to deal with the issue of homeless population in Colorado
- As real estate counsel for Girl Scouts Mile High Council
- As a supervising attorney for the Denver University Sturm College of Law’s Tribal Wills Project
- As a member of the Blue Ribbon Committee of the Department of Regulatory Agencies to deal with the Sunsetting of real estate broker regulation and affiliated business arrangements
- As a member of the Bradford Publishing Company’s real estate publication advisory board
- As the Chair of the Joint Management Committee of the Colorado and Denver Bar Association
- As the Chair of the Building Task Force of the Colorado and Denver Bar Associations, which Task Force selected the Bar offices for the associations and then negotiated and documented the lease and construction of the premises
- As President of the Denver Bar Association
- As advisory and drafting counsel to the Colorado Legislature on adverse possession
- As a member of the committee that drafted the Beneficiary Deed Act and drafted amendments to the limited liability company act