Colorado Real Estate Forms & Disclosure Guide

Colorado law imposes specific disclosure obligations on sellers, listing brokers, and buyer's brokers during residential real property transactions. This guide provides a complete, ready-to-use framework for complying with the Seller's Property Disclosure (SPD) requirements, agency disclosure rules, and related statutory mandates under Colorado law.

Governing authority: C.R.S. § 38-35.5-101 et seq. (disclosure of adverse material facts); Colorado Real Estate Commission (CREC) approved Seller's Property Disclosure (SPD) form (SPD19-6-23 version and updates); Colorado Real Estate Brokerage Relationships Act (C.R.S. § 12-10-401 et seq.); standard real estate purchase contracts used in Colorado.

A seller must disclose to the buyer all known adverse material facts and latent defects affecting the property. Disclosure is based on the seller's actual knowledge as of the date of the contract. The SPD form must be completed by the seller (not the broker). Brokers may deliver copies to prospective buyers., -

PART 1, Seller's Property Disclosure (SPD) Requirements

1.1 When the SPD Is Required

Under Colorado practice and most residential purchase contracts, the seller is required to complete and deliver the CREC Seller's Property Disclosure (SPD) form. The SPD must be provided before or at the time the buyer executes the purchase contract, or within the time specified in the contract (commonly prior to the end of the inspection period or as otherwise agreed).

• The form covers physical condition of the property, systems, improvements, environmental issues, HOA/condo matters, legal/title issues, and other known material facts.
• Seller answers must reflect actual knowledge only. Checking "I don't know" when seller has knowledge can constitute fraud or misrepresentation.
• The SPD is not a substitute for the buyer's independent inspections, appraisals, or due diligence.

1.2 Delivery Deadlines and Buyer's Rights

The purchase contract typically requires delivery of the SPD within a specific window. Buyers commonly have the right to terminate the contract for any reason (or based on inspection findings) during the inspection period, often 10, 30 days depending on the negotiated contract.

• Failure to deliver the SPD as required by the contract may give the buyer the right to terminate or pursue remedies for nondisclosure of known defects.
• Adverse material facts and latent defects must be disclosed prior to closing. "Latent" means not readily observable by the buyer upon reasonable inspection.

1.3 Contents of the Standard SPD Form

The Colorado SPD (residential) typically addresses the following categories (seller completes to actual knowledge):

1. Property identification and general information, year built, square footage, prior ownership/occupancy, additions or alterations (with permit status).

2. Structural and foundation, cracks, settling, water intrusion, past engineering reports or repairs, siding/stucco/EIFS issues.

3. Roof, gutters, attic, age, material, leaks, repairs, ice dams, insulation, ventilation.

4. Plumbing, electrical, HVAC, age and condition of systems, known defects, recent work, septic/well if applicable.

5. Appliances and fixtures, included items, known problems.

6. Environmental and hazards, asbestos, lead paint (pre-1978), radon, mold, underground storage tanks, contamination, Chinese drywall if relevant, smoke/CO detectors status.

7. Land and exterior, soil issues, drainage, fencing, driveways, pools/spas, outbuildings.

8. HOA / Condominium / Common interest community, membership, dues, special assessments, pending litigation, reserve shortfalls, rules violations, master association issues.

9. Legal and title matters, easements, encroachments, boundary disputes, unpermitted work, code violations, pending litigation, tax liens, special districts (metropolitan, improvement, etc.).

10. Prior insurance claims and losses, water, hail, fire, or other claims that may affect insurability or premiums.

11. Other known material facts, any other conditions that would significantly affect value or use, or present safety risks.

Seller must also note if any items are "unknown" or "not applicable.", -

PART 2, Agency Disclosure Obligations

2.1 Written Agency Disclosure at First Substantive Contact

Colorado requires that the brokerage relationship (single agency, dual agency, or transaction-broker) be disclosed in writing to the consumer at the first substantive contact. This is mandated by the Brokerage Relationships Act.

• Single agent (for buyer or seller): owes full fiduciary duties (loyalty, obedience, disclosure, confidentiality, reasonable care and skill, accounting) to that client only.
• Dual agent: represents both buyer and seller in the same transaction; duties are limited; written consent required from both parties; information sharing is restricted.
• Transaction-broker: facilitates the transaction without representing either party as a client; owes duties of honesty, good faith, and disclosure of material facts known to the broker; no fiduciary duties to either side.

The disclosure must be made on the approved form or equivalent writing and acknowledged by the consumer. Brokers who fail to make timely written disclosure risk license discipline and civil liability.

2.2 Changing Agency Relationships

If the relationship changes (e.g., a buyer's broker becomes a dual agent when the listing is taken by the same brokerage), new written disclosure and consent are required before proceeding., -

PART 3, Other Required or Common Disclosures

3.1 Lead-Based Paint Disclosure (Federal + Colorado)

For residential property built before 1978:

• Federal law (42 U.S.C. § 4852d; 40 C.F.R. Part 745) requires disclosure of known lead-based paint and hazards, provision of the EPA pamphlet "Protect Your Family From Lead in Your Home," and buyer right to a 10-day inspection period (or other mutually agreed period).
• The disclosure and pamphlet must be provided before the buyer is obligated under the contract.

3.2 Megan's Law / Sex Offender Registry

Colorado does not require affirmative disclosure of registered sex offender proximity in most cases. Buyers and agents are directed to the Colorado Bureau of Investigation or local law enforcement sex offender registry for searches. However, a broker who has actual knowledge of a material fact must disclose it.

3.3 Death, Psychological Impacts, Stigma (C.R.S. § 38-35.5-101)

Brokers and salespersons have no duty to disclose circumstances that may psychologically impact or stigmatize property, including:

• That an occupant has or had HIV/AIDS or other disease unlikely to be transmitted by occupancy.
• That the property was the site of a homicide, suicide, or other felony.

Seller may still have a duty to disclose if the fact is a material adverse fact affecting value or use beyond stigma (e.g., physical damage from crime).

3.4 Special District / Metropolitan District Disclosures

Many Colorado properties (especially new construction) are located in metropolitan districts or other special districts that levy taxes or fees in addition to general property taxes. Sellers and agents must disclose known district information, including mill levies, bonded indebtedness, and future tax exposure. Failure to disclose can lead to rescission or damages claims.

3.5 HOA / Common Interest Community Documents

For properties subject to a declaration, the seller must provide (or cause to be provided) the governing documents, financials, and resale certificate per the Colorado Common Interest Ownership Act (CCIOA, C.R.S. § 38-33.3-101 et seq.). Buyers often have a statutory right to review and rescind within a defined period after receipt.

3.6 Flood, Wildfire, and Natural Hazard Information

While Colorado does not have a statewide mandated Natural Hazard Disclosure Statement like California, known flood zone status, wildfire risk (e.g., via Colorado State Forest Service maps), and other environmental hazards should be disclosed if known to the seller. Many contracts and lenders require flood insurance determinations.

3.7 Smoke and Carbon Monoxide Detectors

Colorado law requires working smoke alarms in residential dwellings and carbon monoxide alarms in dwellings with fuel-burning appliances or attached garages (C.R.S. § 38-45-101 et seq. and local codes). The SPD typically inquires about detector status., -

PART 4, Role-Specific Obligations and Best Practices

4.1 Seller Obligations

• Complete the SPD honestly based on actual knowledge as of contract date.
• Disclose any known material defects even if not captured on the SPD form.
• Update the SPD if new information arises before closing.
• Provide HOA documents, lead disclosures (pre-1978), and any other contractually or statutorily required items on time.

4.2 Listing Broker / Seller's Agent Obligations

• Ensure timely delivery of the SPD and other disclosures.
• Make written agency disclosure at first substantive contact.
• Advise seller on disclosure duties; do not complete the SPD for the seller.
• Disclose to buyer any material facts the broker actually knows (even if seller did not disclose them to the broker).

4.3 Buyer's Agent Obligations

• Deliver agency disclosure in writing at first substantive contact.
• Review the SPD and other disclosures with buyer.
• Recommend professional inspections regardless of SPD content.
• If dual agency arises, obtain fresh written consent from buyer before continuing.

4.4 Buyer Rights and Protections

• Right to receive and review the SPD before being bound, or within contract timelines.
• Right to conduct inspections during the inspection period and terminate for any reason (or per contract terms) typically without penalty.
• Right to rely on seller's and broker's disclosures of known material facts.
• Remedies for nondisclosure or misrepresentation may include rescission, damages, and in some cases attorney fees under contract or common law., -

PART 5, Exemptions and Special Transaction Types

• New construction / builder sales: Different disclosure forms and warranties may apply (e.g., builder's limited warranty in lieu of or in addition to SPD).
• Probate / estate sales, trustee sales, foreclosure, short sales: May have reduced or modified disclosure obligations; buyer should obtain legal advice and perform enhanced due diligence.
• Vacant land / commercial: SPD is primarily for residential; commercial transactions rely on contract-specific due diligence and any environmental reports.
• Leasehold or other interests: Disclosure rules vary; consult counsel., -

PART 6, Sample SPD Delivery and Acknowledgment Language

The following example language may be adapted for cover letters or contract addenda:

SPD Delivery Acknowledgment

Seller has delivered to Buyer the completed Colorado Real Estate Commission Seller's Property Disclosure (SPD) form dated [[SPD Completion Date]] regarding the property at [[Property Address]], [[City]], Colorado [[ZIP Code]]. Buyer acknowledges receipt of the SPD on [[Receipt Date]].

Buyer has [[Number of Days, e.g., 10]] days from receipt (or per contract inspection period) to review the SPD, conduct inspections, and exercise any termination rights under the purchase contract., -

PART 7, Key Dates and Checklist (Use With [[Tokens]])

1. Contract date: [[Contract Date]]

2. SPD provided to buyer on: [[SPD Delivery Date]]

3. Agency disclosure signed by buyer on: [[Agency Disclosure Date]]

4. Inspection period ends: [[Inspection Period End Date]]

5. Due diligence / objection deadline: [[Objection Deadline]]

6. Closing date: [[Closing Date]]

7. Lead-based paint disclosure provided (if pre-1978): [[Lead Disclosure Date]]

8. HOA documents / resale certificate received: [[HOA Docs Receipt Date]], -

Sources and Verification

• Colorado Real Estate Commission Seller's Property Disclosure (SPD) form (current version as of 2026).
• C.R.S. § 38-35.5-101 et seq. (psychologically impacting circumstances; general disclosure principles reinforced by case law such as *Gattis v. McNutt*).
• Colorado Real Estate Brokerage Relationships Act, C.R.S. § 12-10-401 et seq.
• Federal lead-based paint disclosure requirements (42 U.S.C. § 4852d).
• Colorado Common Interest Ownership Act (CCIOA), C.R.S. § 38-33.3-101 et seq.
• As of June 2026.

> ⚠️ Template example, not professional (legal/financial/medical) advice. This guide and any forms generated from it are samples only. Verify all disclosures, deadlines, and forms against current Colorado statutes, CREC rules, and the specific purchase contract in use. Consult a licensed Colorado real estate attorney or broker for advice on any transaction. Invented values appear as [[Token Name]] placeholders., -

Document prepared using Colorado-specific legal framework. All user-supplied data is represented by [[Token Name]] merge fields., -

Completing This Guide, Recommended Steps

1. Identify transaction type, property type, and role of the user.

2. Complete the SPD form to seller's actual knowledge; do not guess or speculate.

3. Deliver SPD and agency disclosure in writing at the required times.

4. Attach all required supplemental disclosures (lead, HOA documents, special district notices).

5. Retain copies of all signed disclosures with the transaction file.

6. Update disclosures if material facts become known before closing.

7. Advise all parties to obtain independent legal, inspection, and tax counsel., -

End of Colorado Real Estate Forms & Disclosure Guide