What Do You Have To Disclose When Selling A House In Colorado?

Published on August 26th, 2022

As a seller in any state within the United States of America, including Colorado, you will have to adhere to both state and federal laws surrounding what you need to disclose about your home when selling a fire-damaged house in Colorado. The seller's property disclosure form will vary from state to state, as well as disclosure laws and disclosure requirements.

However, in most real estate transactions, including transactions that occur within the Colorado real estate commission, a real estate broker and home sellers must disclose defects - but what defects need to be disclosed?

A Standard Seller's Property Disclosure in Real Estate

Federal law states that home sellers are required to disclose material facts and defects about their residential property in the form of residential property disclosures to prospective buyers. These disclosures are based on a seller's actual knowledge of the real estate, providing relevant information about defects that could make a buyer beware.

Real estate brokers and real estate agents will be on hand to help you fill out the information on the disclosure form for home buyers.

These are standardized forms that you, as a seller, will hold legal liability for if you provide false information to a prospective buyer.

Failure to disclose defects can result in a legal battle full of attorney fees - which no one wants.

What is Included on the Real Estate Disclosure Forms?

As noted prior, the federal disclosure forms require sellers to disclose material facts and structural issues based on the current actual knowledge. This information includes:



• Information about a common interest community or HOA
• Oil and gas activity at the home
• Information about lead paint and lead based paint
• Mineral estate rights

• Any boundary disputes
• If the home was a site for a methamphetamine laboratory
• Any structural problems
• Past home inspection or home sale information

Local governments like Colorado have also included additional information that must be disclosed to a buyer promptly before a sale. These include:

• Foundation issues
• Environmental conditions
• If your home has energy star appliances
• Proposed transportation projects near your home
• Any constructive knowledge
• Energy related issues
• If your home was built with any sustainable materials
• A green disclosure form with climate change issues
• If your home is located in a special taxing district



Most of this information will be available by public record. If a seller fails to disclose information on the state disclosure or other disclosures, then legal action may be taken by a buyer.

If you want to sell real estate, such as your primary residence or rental property in Colorado, it's best to speak with a local real estate agent who will know the local laws, knows what regulatory agencies are looking for on disclosure, and help you fill out the forms correctly to get a fair price for your home.