What are Colorado seller disclosure laws?

Colorado seller disclosure laws require sellers to provide a detailed Seller’s Property Disclosure (SPD) form, honestly revealing all known material defects, defects in systems, and environmental hazards—failure to do so can lead to lawsuits or contract cancellation. With 15+ years in Denver real estate and thousands of transactions, I’ve guided countless sellers through this process, emphasizing transparency to protect everyone in the Colorado housing market.

The Core Disclosure Requirement

Under Colorado law (C.R.S. § 38-35.7-101), sellers must deliver the SPD before or at contract acceptance, covering structural issues like foundation cracks common in clay soils, roof conditions, water damage, mold, pests, and past repairs. It also addresses mechanical systems—HVAC, plumbing, electrical—and neighborhood nuisances like noise or drainage problems. As-is sales are allowed, but non-disclosure of known issues voids that protection.

Sellers disclose “to the best of their knowledge,” but ignorance isn’t an excuse if reasonable inspection would reveal problems. In HOA communities like Highlands Ranch real estate or Littleton real estate, additional docs on covenants, budgets, and litigation must be provided within days.

Colorado-Specific Disclosures

Beyond basics, Colorado mandates:

  • Lead-based paint for pre-1978 homes (federal overlay).
  • Meth lab history if known—strict registry checks apply.
  • Septic/well systems in rural areas, including test results.
  • Radon potential—awareness notice required statewide.
  • Wildfire/flood risks via maps, especially in foothill zones.

Metro districts and water rights get flagged too. Buyers get a due diligence period to verify, but seller liability persists post-close for fraud.

Practical Advice for Sellers

From hands-on experience, here’s how to handle disclosures effectively:

  • Complete the SPD thoroughly with dates, photos, and repair receipts—vagueness invites scrutiny.
  • Get a pre-listing inspection to uncover issues proactively, avoiding negotiation surprises.
  • For HOAs, deliver full packets early; review reserves to preempt questions.
  • Consult on tricky items like “cosmetic” vs. “material” defects—err toward disclosure.

This approach builds trust, speeds closings, and minimizes fallout. Many clients who’ve embraced full transparency become long-term friends, returning for future deals.

If you’d like honest guidance, current market insight, or a no-pressure conversation about disclosures in your Denver real estate situation, reach out—I’m here. Visit www.MileHighHomeGroup.net to search properties, explore Denver, learn more about me, and connect.

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