Real Estate Contracts and Forms Revisions Effective Now

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On January 1, the Colorado Department of Regulatory Agencies Division of Real Estate released several updated commission‑approved forms, including the Seller’s Property Disclosure form (“SPD”) for (a) commercial, (b) land with improvements, and (c) residential transactions.  The Colorado Real Estate Commission amended the forms to include new language. It also revised the electrical and telecommunications; mechanical; ventilation, air and heat; water; sewer; flooding and drainage; use, zoning and legal issues; access and parking; and common interest community sections for clarity and completeness. The updated form also has a section on general disclosures and minor fixes throughout.

Clean and redlined versions of the documents are available on the Division of Real Estate’s website. Consider converting to the new form or reviewing existing disclosures against the revised form.  Note that despite the updates, the Contract to Buy and Sell Real Estate still controls in the event of any inconsistency between the SPD form and the contract.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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