Key Takeaways
- Colorado requires sellers to complete the Seller's Property Disclosure form (SPD)
- The SPD covers structural, mechanical, environmental, and other property conditions
- Sellers must disclose known material defects even if not asked
- Brokers must disclose adverse material facts they know about property condition
- Lead-based paint disclosure is required federally for pre-1978 homes
Last updated: January 2026
Colorado Seller Disclosure Requirements
Colorado is NOT a caveat emptor state. Sellers have disclosure obligations.
Seller's Property Disclosure (SPD)
Colorado requires sellers to provide the Seller's Property Disclosure form:
What Must Be Disclosed
| Category | Items |
|---|---|
| Structural | Foundation, roof, walls, floors, windows |
| Mechanical | HVAC, plumbing, electrical, appliances |
| Water/Sewer | Water supply, sewer/septic, well information |
| Environmental | Flood zone, lead paint, radon, asbestos |
| Legal | HOA, easements, encroachments, liens |
| Other | Pest damage, insurance claims, deaths on property |
Seller Obligations
Sellers must:
- Complete the SPD honestly and to the best of their knowledge
- Update if new information becomes known
- Disclose known material defects
- Not actively conceal defects
Exemptions from SPD
Limited exemptions exist:
| Exempt Seller | Reason |
|---|---|
| REO/Bank-owned | Seller has no personal knowledge |
| Estate sales | Personal representative may lack knowledge |
| Court-ordered sales | Similar limited knowledge |
| Builder (new construction) | Different disclosure requirements |
Note: Even exempt sellers cannot misrepresent or conceal known defects.
Types of Defects
Material Defects
A material defect is one that:
- Substantially affects property value
- Impacts health or safety
- Would influence a buyer's decision
- Is not readily observable
Broker Disclosure Obligations
Colorado brokers have independent disclosure duties:
Required Broker Disclosures
Brokers must disclose adverse material facts about:
| Must Disclose | Examples |
|---|---|
| Physical condition | Known structural issues, water damage |
| Environmental hazards | Contamination, mold, radon |
| Material defects | Hidden defects broker knows about |
| Transaction issues | Known problems with title |
What Brokers Need NOT Investigate
Brokers are not required to:
- Independently investigate property
- Hire inspectors
- Verify seller representations
- Discover unknown defects
However, brokers MUST disclose what they actually know.
Lead-Based Paint Disclosure (Federal)
For homes built before 1978:
| Requirement | Detail |
|---|---|
| EPA Pamphlet | Must provide "Protect Your Family From Lead" |
| Seller Disclosure | Known lead-based paint or hazards |
| Inspection Period | Buyer has 10-day right (can be waived) |
| Form | Specific disclosure form required |
| Exemption | Does not apply to target housing exemptions |
Other Colorado-Specific Disclosures
Radon Disclosure
While not always required by law:
- Recommended disclosure practice
- Radon is common in Colorado
- Testing is advised
- Mitigation may be negotiated
Carbon Monoxide Disclosure
| Requirement | Detail |
|---|---|
| CO Detectors | Required in residential properties |
| Disclosure | Seller should confirm compliance |
| Installation | Per building code requirements |
Methamphetamine Contamination
| Requirement | Detail |
|---|---|
| Disclosure Required | Yes - if seller knows |
| Cleanup Standards | State standards must be met |
| Certification | Property must be certified clean |
| Recording | May be recorded against property |
Green Disclosures
Colorado requires disclosure of:
- Energy efficiency features
- Solar panel leases
- Green building certifications
- Sustainability features
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Test Your Knowledge
Does Colorado require sellers to provide a property disclosure form?
A
B
C
D
Test Your Knowledge
A Colorado broker learns of water damage the seller hasn't disclosed. What should the broker do?
A
B
C
D