Selling a Colorado Home:
What Are My Disclosure Obligations?

Guidance for home sellers in Colorado concerning that state’s law on disclosures to buyers about the home’s condition.

Before you finalize your house sale in Colorado, a prospective buyer will want to know as much as possible about the property’s physical condition and any problems that could affect the house’s value, use, or desirability. Unlike in the past, when sellers were allowed to stay silent until asked about problems under the doctrine of “caveat emptor” (buyer beware), Colorado now requires sellers to actually tell prospective buyers about certain conditions on the property being sold.

Federal Disclosure Requirements

Before we get to Colorado’s state disclosure laws, you should realize that every home buyer across the U.S. needs to comply with any applicable federal law. The main one likely to affect you requires sellers of property built prior to 1978 to disclose the existence of lead-based paint on the property. (42 U.S.C.A. § § 4851-56). If you house was built back then, you will need to supply prospective buyers with a copy of the Environmental Protection Agency’s pamphlet “Protect Your Family From Lead in Your Home.”

Colorado’s Disclosure Laws

Colorado state statutes require that sellers of residential property disclose the following to buyers:

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