Cherry Creek mansion FSBO: ‘I’m not going to pay 6 percent on a $5 million home’


The 8,000-square-foot-home features an outdoor pool and hot tub. (Courtesy Evan Neubeiser)

Instead of hiring a seller’s agent, Evan Neubeiser is listing his Cherry Creek mansion himself and enticing buyer’s agents with a little something extra for the effort.

Neubeiser is forgoing a realtor and offering a 3 percent commission to agents representing potential buyers. The typical rate in Denver is 2.8 percent for each half of a deal.

“I’m not going to pay 6 percent on a $5 million home. I’m just not going to do it. I don’t need to,” Neubeiser said. “The home is going to sell itself … If you dangle $156,000 (the 3 percent commission) in front of me, believe me, I’ll jump.”

Neubeiser and his wife Renee built the house at 373 Garfield St. in 2008. Greg Enger of Enger Architecture helped design the 8,000-square-foot home.

“We were going for a Frank Lloyd Wright-meets-Colorado house,” Neubeiser said.

373garfield front

The home, on 0.29 acres, was listed for $5.2 million. (Zillow)

The house features a crow’s nest with a patio above the master bedroom that provides unobstructed views of Longs Peak, Mount Evans and Pikes Peak; an outdoor pool and hot tub; a two-door garage and stucco exterior.

The five-bedroom, six-bathroom house is situated on 0.29 acres with front and back yards large enough for a volleyball net.

“A double lot with big front and back lawns, full pool,” Neubeiser said. “In all of Cherry Creek North it does not exist.”

The Neubeisers are downsizing as their seven kids gradually move out.

Renee is a nutritionist at Boulder County Health. Evan, formerly a lawyer, co-founded Digital Media Communications with his brother in 1996 and remains a co-owner.

The house has been listed for three days at $5.2 million, and Neubeiser said he’s gotten nibbles. This is his first time selling a house without an agent, but he said he knows the process from previous buying and selling of homes.

A sale will not quite put the house out of his mind.

CBS4 News reported this spring that Neubeiser filed a lawsuit against his neighbor for parking in a manner that, though legal, inhibited the full use of Neubeiser’s garage. The case will go to trial in October.


The 8,000-square-foot-home features an outdoor pool and hot tub. (Courtesy Evan Neubeiser)

Instead of hiring a seller's agent, Evan Neubeiser is listing his 8,000-square-foot mansion himself and enticing buyer's agents with a little something extra for the effort.

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Josh Roger

Mr. Neubeiser shouldn’t sue his neighbor just because he located his own garage so close to the alley that it is too difficult for him to maneuver in and out of it in his vehicle. After all, the Denver Zoning Code requires only a MINIMUM of a 5′ rear setback. If he wants to maneuver in and out of his garage with ease, he should renovate his house to move the garage doors further away from the alley. This would sacrifice some of the 8,000 square feet of living that he built–or perhaps just park a smaller vehicle in his garage that is more suitable for urban living.

What I find more interesting about Mr. Neubeiser’s development at 373 Garfield Street is that it appears that his side yard fence along 4th Avenue encroaches into the public right-of-way, with the public sidewalk forced closer to the street than any of his neighbor’s sidewalks. Can anyone explain or comment on that?

Sincerely a Denver Resident,


Josh – I am more than happy to comment. Perhaps you should gather some more facts before spouting off on the web. Here is some more information to chew on. The sidewalk was put where the city approved it originally and it is consistent with other homes in the neighborhood. Please go look around the neighborhood. If you are not happy with the improvements I have helped contribute to since I bought the property in 2006 perhaps you should have come to me then. I have improved 240″ of city sidewalk space with new and fully ADA compliant sidewalks and attractive landscaping. The city inspector was quite happy with my efforts. Thanks for your interest. Furthermore, my garages were also built to code and no neighbor is allowed to use their property in such a manner that it unreasonably interferes with another neighbor’s normal use of their property. Hence the legal dispute. Please call if you have any questions or concerns. Josh perhaps you should come talk to me rather than hide behind an email post. I am always available and happy to discuss your concerns.


Evan – Thank you for taking the time to reply to my post and to explain your points of view on the topics I raised. As a citizen of Denver and as a designer of spaces, I truly appreciate the investment and contributions that you made to improve the fabric of our city, including a very attractive house and streetscape in your neighborhood. Thank you also for the invitation reach out to you directly, however I would not feel comfortable doing so.

I do not appreciate your statement that my comments were not informed by knowledge of the facts and that I am somehow hiding behind an email post. To be clear, my previous comment contained two points of my own opinion. I will expand upon those opinions here and also provide you with some facts.

Opinion 1: You are wrong for suing your neighbor because he keeps his vehicle on his own property and as you said, “interferes with another neighbor’s normal use of their property”. If your normal use of your property was driving onto your neighbor’s property, even if it was only to maneuver to/from a parking space, then wouldn’t you be interfering with his use of his property?

Opinion 2: Potential solutions that you can use to solve a problem that you created for yourself. Since your lot and home are of considerable size, perhaps the alley-facing garage doors do not have to be located at the minimum rear setback as regulated by the Denver Zoning Code. Renovate your home to reallocate some living space to the vehicle spaces and give the garage a greater rear setback. Or, just adapt to the urban environment in which you live and drive smaller vehicles.

Now, to expand on the facts–

I did not question the quality of the sidewalk nor it’s compliance with City transportation standards, of which all developers are required to improve to varying degrees. What I question is the location of your fence along 4th Avenue. If the fence is located outside of your property boundary, then it is encroaching into the public right-of-way. Perhaps you applied for the appropriate encroachment permit to enable you to fence-in a larger front yard than what your property boundary would normally allow. If this is the case, then my observation of the fence location is irrelevant. However if the fence is not permitted to exist there, it should be moved to within the bounds of your private property.

Nor did I question that your garages are compliant with applicable codes–I have no reason to doubt that they are. The Zoning Code regulates a minimum rear setback for alley-facing garage doors to allow for adequate vehicle maneuvering and it appears that your garages satisfy that requirement.

Evan, I empathize with you for the frustrating parking situation that you have found yourself in. Your neighbor previously had no need for the rear-most portion of his property, and for a time you had the opportunity to drive onto his land whenever you needed to maneuver in and out of your garages. Unfortunately, now your neighbor chooses to park a vehicle in that space and you have lost the opportunity to drive onto his land. You should be appreciative of the time that you had to enjoy the extra maneuvering space in your alley. I hope you will recognize that your neighbor has the same rights to his property as you have to yours.

Liz Richards

They say all press is good press. However, I have to say after reading the article and seeing Evan’s response to Josh, most buyers and agents will be wanting to stay clear of dealing with such a volatile situation.

Evan Neubeiser

Josh – you are significantly misinformed on many levels. I wish you the best of luck and look forward to debating you one day in an open forum, face-to-face, rather than hiding behind a posting. It is so easy to do what you are doing. Normal people who have an issue with others address matters in person. Based on your statements I would expect a person like you to do what you are doing. No need to reply unless of course you want the last word and I expect that you do so have at it.

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