What must a home seller disclose in Colorado?

Colorado disclosure law mixes broker-required forms with specific statutory disclosures.

1. Seller's Property Disclosure — Form SPD19-5-18

The Colorado Real Estate Commission requires licensed brokers to use the SPD form for residential sales.

Covers: appliances, electrical, plumbing, heating/cooling, water/sewer/septic, roof and structural, interior (walls, ceilings, windows), exterior (siding, drainage), and environmental (asbestos, lead, radon, mold, methamphetamine, USTs).

Not strictly statutory but practically mandatory in broker-assisted transactions.

2. Source of Water Disclosure — C.R.S. § 38-35.7-104

Mandatory for all residential property sales. Seller must disclose:

- Source of water (well, public, none).

- Whether the property is in a water-conservancy district.

Failure permits buyer to rescind before closing.

3. Methamphetamine Disclosure — C.R.S. § 38-35.7-103

Required if the seller knows the property was used in methamphetamine production and has not been remediated per Board of Health rules.

4. Special Taxing District Disclosure — C.R.S. § 38-35.7-101

Notice that a "Special Taxing District" may exist and the property may be subject to higher taxes.

5. Lead-Based Paint

Federal 42 USC § 4852d for pre-1978 dwellings.

6. Caveat Emptor + Fraud Exception

Outside the statutes and broker forms, Colorado retains caveat emptor (Cohen v. Vivian, 141 Colo. 443 (1960)) — sellers liable only for fraudulent concealment of known latent defects.

7. Statute of Limitations

3 years for fraud (C.R.S. § 13-80-101) from discovery.

3 years for breach of contract for sale of real property.

This is legal information, not legal advice.