Key Takeaways
- No single disclosure statute, but a real duty: Colorado common law requires you to disclose latent defects you know about, a rule set in Cohen v. Vivian (Colo. 1960).
- The SPD form is the practical standard: Form SPD19 runs 14 pages across 18 lettered sections, and the standard contract requires the seller to deliver it.
- Seven statutory disclosures sit on top: C.R.S. Title 38, Article 35.7 adds special taxing districts, common interest communities, meth labs, water source, transportation projects, oil and gas activity, and radon.
- Radon is now explicit: Roughly half of Colorado houses test above the EPA action level of 4.0 pCi/L (Colorado Department of Public Health and Environment, January 2026).
- As-is does not cancel disclosure, and concealment is a three-year fraud risk: Fraud and concealment claims run three years from discovery under C.R.S. 13-80-101 and 13-80-108(3).
Colorado seller disclosure requirements confuse people because no single form is commanded by statute. The duty is assembled from three places: a common-law rule from the Colorado Supreme Court, a Real Estate Commission form used in nearly every closing, and the statutory disclosures in C.R.S. Title 38, Article 35.7.
The practical effect is the same as a disclosure statute. If you know your Arvada basement takes water every spring, you are expected to write it down. This guide covers the Seller's Property Disclosure form, each statutory disclosure with its citation, the inspection deadlines, and what happens when a seller stays silent.
What Are Colorado's Seller Disclosure Requirements?
Colorado requires sellers to disclose, in writing, every latent defect and adverse material fact they actually know about, plus seven items named in statute. No statewide form is mandated for all sellers, which is why the obligation feels vague until you see its three sources.
The common-law duty and the case that created it
The core rule dates to 1960. In Cohen v. Vivian, 349 P.2d 366 (Colo. 1960), sellers learned from their contractor that the soil required a redesigned foundation and never told the buyers. The Colorado Supreme Court held that a latent soil defect known to the seller creates a duty of disclosure, and that failing to disclose it amounts to concealment supporting a fraud claim.
The court also closed off the "buyer beware" defense. A concealed defect the seller knew must be revealed even where the buyer signed a contract stating the property had been personally inspected.
Colorado courts have kept that line firm. Gattis v. McNutt, 318 P.3d 549 (Colo. App. 2013), describes an affirmative and independent duty to disclose all latent defects known to the seller. That duty holds whether or not the item appears on the disclosure form (Colorado Bar Association, The Colorado Lawyer).
What counts as an adverse material fact
The SPD form defines adverse material facts to include any non-observable or observable physical condition on the property. The working test is whether a reasonable buyer would change the price or the decision after learning it.
Two limits apply. The duty covers what you actually know, not what an inspection might uncover. Colorado courts have also found no duty where the buyer has actual, inquiry, or constructive notice, including facts in the public record (Burman v. Richmond Homes Ltd., 821 P.2d 913 (Colo. App. 1991)).
The form asks what you know today, not what you can prove. If a past owner mentioned a foundation repair you never verified, write down what you were told. A blank box next to a condition you knew about is what a buyer's attorney builds a case around.
Inside the Colorado Seller's Property Disclosure Form
The Colorado Seller's Property Disclosure is a Real Estate Commission form, currently SPD19, with a mandatory use date of January 1, 2026, and it runs 14 pages across 18 lettered sections. The seller completes it, not the broker, to current actual knowledge as of the date signed.
The form is not a warranty or guarantee of any kind, and it says so on page one. It also is no substitute for an inspection. What it creates is a dated record of what you knew.
| SPD19 Section | What It Asks About |
|---|---|
| A and B. Building conditions, roof | Structural problems, added supports, basement moisture, insect and animal damage, hail and fire damage, settling, cracking, roof age and leaks |
| C to F. Appliances, electrical, mechanical, ventilation | Included appliances, wiring, plumbing, heating, cooling, evaporative coolers |
| G to J. Water, source of water, sewer or septic, flooding | Water quality, the potable source (public, community, well, shared well, other, or none), well permit, septic, drainage, and flooding history |
| L and M. Use, zoning, legal issues, access | Zoning and code violations, condemnation notices, covenant violations, unpermitted work, short-term rentals, leases, access and parking |
| N. Environmental conditions | Hazardous materials, storage tanks, landfills, expansive soils, earth movement, mine shafts, abandoned wells, geological hazards, floodplains |
| O to Q. Radon, common interest community, metropolitan district | Radon tests and mitigation, association membership and assessments, common element defects, district names and websites |
| R. General disclosures | Inspection and engineering reports, insurance claims, unremediated meth lab use, pending litigation, deed restrictions, historic districts |
The last box is the one sellers skip and lawyers read first. It asks for any other known adverse material facts, with room to attach pages. That box is where the Gattis duty lives.
The duty survives your signature. A new adverse material fact discovered after you complete the SPD must be disclosed in writing, promptly. The buyer then gets a right to terminate on the earlier of closing or five days after receiving it.
The Statutory Disclosures in C.R.S. Title 38, Article 35.7
Article 35.7 holds Colorado's statutory residential disclosures, and seven of its twelve sections reach an ordinary resale seller. The others govern new construction options such as solar prewiring and electric vehicle charging, or builder duties inside metropolitan districts.
| Disclosure | Citation | What the Statute Requires |
|---|---|---|
| Special taxing districts | C.R.S. 38-35.7-101 | A bold-faced notice that districts may hold general obligation debt paid by annual levies, putting owners at risk of higher mill levies. Failure gives the buyer damages plus costs. |
| Common interest community | C.R.S. 38-35.7-102 | Mandatory association membership, assessment duties, lien and foreclosure consequences, and architectural approval. Timeshares are excluded. |
| Methamphetamine laboratory | C.R.S. 38-35.7-103 | A seller who knows of meth lab use must disclose it at or before sale. The buyer may hire a certified hygienist and terminate on an unremediated result. |
| Source of potable water | C.R.S. 38-35.7-104 | Identify the source as a well, a named provider, or another described source, supply the well permit, and include the nonrenewable groundwater notice. |
| Transportation projects | C.R.S. 38-35.7-105 | Disclosure of any proposed or existing transportation project that affects, or is expected to affect, the property. |
| Oil and gas activity, surface and mineral estates | C.R.S. 38-35.7-108 | That the surface estate may be owned separately from the mineral estate, that third parties may hold surface access rights, and that drilling may occur. |
| Elevated radon | C.R.S. 38-35.7-112 | A bold-faced radon warning, any known information on radon test results and mitigation, and the state health department radon brochure. |
Special districts bite harder in Colorado than in most states
The district notice is not boilerplate here. The Colorado Department of Local Affairs maps 2,541 metropolitan districts and 3,820 special districts statewide (Colorado Department of Local Affairs, July 2026). A buyer in a newer Aurora or Erie subdivision may take on a mill levy larger than the county's own.
The standard contract answers this with a tax certificate listing every district affecting the property. Sellers in districts organized on or after January 1, 2000 also disclose the district's official website under C.R.S. 38-35.7-111.
Radon is the disclosure Colorado sellers overlook most
Colorado geology works against these houses. Approximately half of Colorado homes have radon levels above the EPA action level of 4.0 pCi/L, and the state health department says half of them should be mitigated (CDPHE, January 2026).
The statute does not require you to test. It requires you to hand over what you have: test records, concentrations detected, mitigation work, and details on any installed system. A seller who tested three years ago, saw a high number, and moved on has a disclosure problem.
If a property was used as a meth lab, remediated to the standards set under C.R.S. 25-18.5-102, and the compliance certificates were obtained, no disclosure of the prior use is required. Without that paperwork, a seller who knew of meth production and stayed silent is liable under C.R.S. 38-35.7-103(3)(b) for remediation costs, health-related injuries to later residents, and the buyer's attorney fees.
Lead Paint, Carbon Monoxide, and What You Never Have to Disclose
Two obligations sit outside Article 35.7, and one statute says what Colorado sellers can leave out. Federal law governs lead paint, C.R.S. 38-45-102 governs carbon monoxide alarms, and C.R.S. 38-35.5-101 covers stigmatizing circumstances.
Pre-1978 houses and the federal lead paint rule
If the property includes a dwelling built, or permitted for construction, before January 1, 1978, the seller must deliver a completed Lead-Based Paint Disclosure by the contract deadline. The buyer may terminate if it does not arrive, and gets a separate window for a lead risk assessment with its own right to terminate. Denver's Baker and Five Points Victorians sit squarely inside this rule.
Carbon monoxide alarms are a condition, not a disclosure
Colorado adds a hardware requirement sellers often meet at the closing table. Under C.R.S. 38-45-102, the seller of an existing single-family dwelling offered for sale on or after July 1, 2009 must assure an operational carbon monoxide alarm sits within 15 feet of each sleeping room entrance. It applies where the house has a fuel-fired appliance, a fireplace, or an attached garage.
What Colorado sellers do not have to disclose
| You must disclose | You are not required to disclose |
|---|---|
| Latent defects you actually know about | Defects you genuinely do not know about, since the standard is actual knowledge |
| Known radon results, concentrations, and mitigation | A radon test you never ordered; the statute requires disclosure, not testing |
| Unremediated meth lab use you know about | Meth lab use remediated to state standards with the required certificates |
| Physical damage from any event, including damage tied to a death | A homicide, other felony, or suicide, which C.R.S. 38-35.5-101 declares is not a material fact |
| New adverse material facts found after you sign the SPD | An occupant's HIV or AIDS status, or facts already in the public record (Burman) |
One caution on that statute. Subsection (2) bars a cause of action against a broker or salesperson, not expressly against the owner. Sellers who want no argument later answer honestly if a buyer raises it.
How the Inspection Objection and Resolution Deadlines Work
Colorado's Commission-approved Contract to Buy and Sell Real Estate (Residential) turns your disclosures into dated buyer exits, with the dates set by the parties, not by statute. The current version, CBS1, carries a mandatory use date of January 1, 2026 (Colorado Division of Real Estate).
| Deadline | What Happens |
|---|---|
| Seller's Property Disclosure Deadline | Seller delivers the completed SPD, current to actual knowledge that date. |
| Inspection Termination Deadline | Buyer may walk away over any unsatisfactory condition, if no objection came first. |
| Inspection Objection Deadline | Buyer delivers a written description of conditions the seller must correct. |
| Inspection Resolution Deadline | With no written settlement, the contract terminates unless the buyer withdraws the objection first. |
| Property Insurance Termination Deadline | Buyer may terminate over unsatisfactory availability, terms, or premium for insurance. |
| Five days after a new disclosure | Buyer may terminate on the earlier of closing or five days after a new adverse material fact. |
The inspection scope is broad. It reaches the roof, walls, structural integrity, electrical, plumbing, and HVAC systems, plus utilities, transportation projects, and any odor or noise on or off the property. The insurance deadline bites hardest in the foothills, as our guide to selling a Boulder County house when wildfire insurance will not renew explains.
Does Selling As-Is in Colorado Remove the Disclosure Duty?
No. An as-is clause shifts the risk of unknown defects to the buyer and does nothing to the duty to disclose known ones. The Commission contract makes the point in one section: the buyer takes the property in an as-is condition, and the seller must disclose in writing any adverse material facts actually known at the contract date.
Federal courts applying Colorado law read it the same way. An as-is provision does not relieve a seller of the obligation to disclose known latent defects, though it can allocate the risk of defects nobody knew about (Haney v. Castle Meadows, Inc., 839 F. Supp. 753 (D. Colo. 1993)).
The distinction protects you. As-is means you are not agreeing to fix the furnace, repipe the supply line, or replace a hail-damaged roof. It does not mean those items can stay blank on the SPD. Sellers carrying deferred work can also read our guide on selling a house that needs major repairs.
What Happens If a Colorado Seller Conceals a Defect?
A Colorado seller who conceals a known latent defect faces a fraud claim, and the remedies reach past a repair bill. Cohen v. Vivian established that nondisclosure of a known latent defect is concealment, which opens the door to fraud liability. A buyer may pursue damages, rescission of the sale, or the statutory remedy attached to a skipped disclosure.
The three-year clock, and when it starts
Actions for fraud, misrepresentation, concealment, or deceit must be commenced within three years after the cause of action accrues (C.R.S. 13-80-101). Accrual is the part sellers misread. Under C.R.S. 13-80-108(3), the claim accrues when the concealment is discovered, or should have been discovered through reasonable diligence. A hidden defect that surfaces in year four can therefore start a three-year clock in year four. The meth statute runs differently: that action must be brought within three years after closing under C.R.S. 38-35.7-103(3)(c).
The statutory disclosures carry their own remedies
Missing the special taxing district notice gives the buyer a claim for all resulting damages plus court costs under C.R.S. 38-35.7-101. The common interest community notice works the same way under 38-35.7-102, except that a buyer with actual or constructive knowledge cannot recover.
Sellers under time pressure feel this most. An heir carrying an empty house, or an owner racing the Public Trustee, may be tempted to leave a box blank. Cleaner paths exist in our guides to selling an inherited house in Colorado and stopping a Colorado foreclosure.
How a Direct Cash Buyer Prices a Disclosed Defect
A direct cash buyer treats a disclosed defect as a number in the offer rather than a reason to renegotiate or walk. That structural difference changes how a complete, honest SPD lands.
On a listed sale, a disclosed defect travels a long road. The buyer's inspector confirms it, an Inspection Objection follows, and the two sides trade credits and repair demands until the Inspection Resolution Deadline. If the defect touches the roof, foundation, or water supply, the lender's appraiser may require repairs first. Colorado houses sold at a median of 35 days on market in May 2026, with 29,533 houses for sale statewide, down 8.1% from a year earlier (Redfin Data Center, May 2026). The objection cycle and lender conditions push a closing well past that median.
Propcash buys houses directly, as a principal, so a disclosed defect is priced once and then settled. A cracked foundation, a failing septic field, a high radon reading, or a hail-damaged roof becomes a line item in the offer rather than a repair demand. Propcash makes one transparent, data-backed cash offer and shows the reasoning behind the number.
That approach depends on complete disclosure. Telling a cash buyer everything up front keeps an offer stable, because nothing is left to discover. Sellers can submit their property details in about two minutes, and listing the known problems helps.
The benefits are narrow and specific. No repairs, cleaning, or staging are required. Sellers pay no fees or commissions to Propcash. Cash transactions can close in as few as 7 days, and the seller picks the date. See our Colorado cash home buyer page for the statewide picture.
Selling for cash does not suspend Article 35.7 or the common-law duty. The statutory notices, the radon information, the water source, and the lead paint disclosure all travel with the transaction.
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Let's chatFrequently Asked Questions
What do Colorado sellers have to disclose when selling a house?
Colorado sellers must disclose in writing every latent defect and adverse material fact they actually know about, plus seven statutory items in C.R.S. Title 38, Article 35.7. Those cover special taxing districts, common interest communities, methamphetamine lab use, the potable water source, transportation projects, oil and gas activity, and elevated radon. Federal law adds a lead-based paint disclosure for houses built before 1978.
Is the Colorado Seller's Property Disclosure form required by law?
The SPD form is not a standalone statutory mandate, but the Commission-approved Contract to Buy and Sell Real Estate (Residential) requires the seller to deliver it by the Seller's Property Disclosure Deadline. Nearly every Colorado residential sale uses that contract, so the form is standard. Skipping it does not erase the duty to disclose known adverse material facts.
Do Colorado sellers have to disclose radon?
Yes. Under C.R.S. 38-35.7-112, every residential contract of sale must carry a bold-faced radon warning, and the seller must provide any known information on the property's radon test results. That includes test records, concentrations detected, mitigation work, and any installed mitigation system. Colorado requires disclosure of what you know, not a new test.
Does selling a house as-is in Colorado remove the disclosure requirement?
No. An as-is clause allocates the risk of unknown defects to the buyer. It does not relieve a Colorado seller of the duty to disclose defects the seller actually knows about. The Commission-approved contract conveys the property as-is and, in the same section, requires written disclosure of adverse material facts actually known at the contract date.
How long does a Colorado buyer have to object after an inspection?
The parties pick the dates themselves. The Commission-approved contract carries an Inspection Termination Deadline, an Inspection Objection Deadline, and an Inspection Resolution Deadline. If the buyer objects in writing by the objection deadline and no written settlement follows by the resolution deadline, the contract terminates then unless the buyer withdraws the objection first.
What happens if a Colorado seller hides a known defect?
Concealing a known latent defect opens a Colorado seller to a fraud claim. In Cohen v. Vivian, the Colorado Supreme Court held that a known latent soil defect creates a duty of disclosure, and that failing to disclose amounts to concealment supporting a fraud suit. Remedies can include damages or rescission, and claims run three years from discovery under C.R.S. 13-80-101.
Do Colorado sellers have to disclose a death in the house?
Under C.R.S. 38-35.5-101, facts that could psychologically impact or stigmatize a property are not material facts subject to disclosure, and the statute names homicide, other felonies, and suicide. The same section bars a cause of action against a broker or salesperson who does not disclose them. It does not spell out the same protection for the owner, so many sellers answer honestly when asked.
Data Sources: Colorado Revised Statutes Title 38, Articles 35.5, 35.7, and 45, and Title 13, Article 80 (colorado.public.law); Colorado Division of Real Estate forms SPD19 and CBS1; Cohen v. Vivian, 349 P.2d 366 (Colo. 1960); Gattis v. McNutt, 318 P.3d 549 (Colo. App. 2013); Burman v. Richmond Homes Ltd., 821 P.2d 913 (Colo. App. 1991); Haney v. Castle Meadows, Inc., 839 F. Supp. 753 (D. Colo. 1993); Colorado Bar Association; CDPHE; Colorado Department of Local Affairs; Redfin Data Center. Propcash is a direct cash homebuyer, not a law firm. Colorado sellers should consult a Colorado-licensed real estate attorney.