direct: 303 336 2135
Ms. Waggener concentrates her practice on most types of commercial and residential real estate transactions, representing buyers, sellers, landlords and tenants, lenders, developers, builders, real estate brokers and owner associations, among others. Having focused for her first 20 years on real estate and commercial litigation matters, since the mid-1990s she has emphasized primarily real estate and commercial transactional matters. She accepts appointments as arbitrator and mediator in disputes between private parties, particularly in the real estate, contract and commercial areas and she is a commercial panel arbitrator for the American Arbitration Association (AAA). Ms. Waggener testifies as an expert witness in the Colorado courts and serves as a consultant to parties on real estate-related matters. She has lectured and written frequently on real estate issues for state and national continuing legal education groups, including about commercial and residential sales contracts, commercial leases, boundary issues, title and title insurance issues, easements, covenants, adverse possession, road disputes and early Colorado property history.
Ms. Waggener is very active in professional and civic endeavors. She serves as one of five Commissioners on the Colorado Real Estate Commission, and was Chair of the Commission from 2015 – 2016. She was featured in 5280 Magazine as one of the “Top 25 Women Lawyers in Colorado” (2008), and has been selected by her peers as a Colorado Super Lawyer annually since 2007 in her primary field of real estate law. She has been selected for inclusion since 2010 in editions of The Best Lawyers in America® in the specialty of Real Estate Law. Ms. Waggener also was recognized for being one of the First 100 Women Lawyers admitted to practice law in the State of Vermont (she was the 63rd woman admitted).
Ms. Waggener was Chairperson of the Real Estate Section of the Colorado Bar Association, and also has been appointed to four different terms on the Section’s governing Council. She is a member of the Title Standards Committee of the Colorado Bar Association, and she currently acts as liaison for that Committee to the Real Estate Section of CBA.
She has been a representative twice on the CBA Board of Governors. She is a member of the Lawyer-Realtor Inter-Professional Committee, the Colorado and Denver Bar Associations, and POETS (a Denver area group of real estate attorneys). She has served on many task forces with representatives from the Colorado Bar Association, Colorado Association of Realtors, Land Title Association of Colorado, the Colorado Division of Real Estate and/or the Colorado Real Estate Commission, relating to brokerage, Colorado real estate forms, title insurance, and real estate issues. She also has been selected to serve as a commissioner in condemnation proceedings in the Colorado trial courts.
As a participant pro bono since 1996 on the plaintiffs’ legal team of the well known “Taylor Ranch” case (Lobato v. Taylor, Colorado Supreme Court decisions in 2002 and 2003), she co-counseled at trial and was principal author of the appellate briefs which set new Colorado precedent on the law of easements and servitudes. Along with her co-counsel, she has received several national and local awards for this work. She continues her pro bono work on that case, helping implement the decisions of the Colorado Supreme Court.
Ms. Waggener is a graduate of the University of California, San Diego, with honors, and California Western Law School, where she was a member of the Law Review. She became a partner of Waggener & Foster LLP in 2007 (now doing business as Hoffman Crews Nies Waggener & Foster LLP) after 30 years of practice with several boutique firms in Denver. From 1975 to 1977, she practiced law in Vermont.