Contract for Deed (Land Contract) - Colorado
CONTRACT FOR DEED (INSTALLMENT LAND CONTRACT)
Before you use this: If a licensed Colorado broker prepares the contract, the broker must use a Commission-approved form when one exists and is appropriate for the transaction (4 CCR 725-1, Rule 7.1(A)).
(Colorado)
TABLE OF CONTENTS
- Document Header and Parties
- Definitions
- Property; Legal Description
- Purchase Price; Down Payment; Installment Terms
- Interest; Amortization; Balloon; Prepayment
- Legal Title; Escrow of Deed; Delivery at Payoff
- Possession; Taxes, Insurance, and Maintenance
- Buyer's Equitable Interest; Recording
- Default and Remedies (Colorado Forfeiture vs. Foreclosure Rule)
- Title; Marketability; Title Insurance
- Risk of Loss; Condemnation
- Assignment; Due-on-Sale (Garn–St. Germain)
- Disclosures (Lead-Based Paint; Property Condition)
- General Provisions
- Execution; Notarial Acknowledgment
- Exhibits and Schedules
1. DOCUMENT HEADER AND PARTIES
This Contract for Deed (also known as an Installment Land Contract, this "Contract") is made as of [__/__/____] (the "Effective Date") by and between:
a. Seller: [SELLER LEGAL NAME], a [STATE] [ENTITY TYPE OR "individual"], whose address is [SELLER ADDRESS] ("Seller"); and
b. Buyer: [BUYER LEGAL NAME], a [STATE] [ENTITY TYPE OR "individual"], whose address is [BUYER ADDRESS] ("Buyer").
Seller and Buyer are each a "Party" and collectively the "Parties."
Recitals
A. Seller is the fee simple owner of the real property described in Exhibit A (the "Property").
B. Buyer desires to purchase, and Seller desires to sell, the Property on an installment basis under which Seller retains legal title as security until the Purchase Price is paid in full, at which time Seller will convey title by deed.
C. The Parties acknowledge that under C.R.S. § 38-38-305 an installment land contract vendee is treated as an owner and the vendor as a lienor for foreclosure and redemption purposes.
NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:
2. DEFINITIONS
"Business Day" – any day other than Saturday, Sunday, or a day on which Colorado-chartered banks are authorized or required to close.
"Closing" / "Final Closing" – delivery of the Deed upon payment in full of all amounts due under this Contract.
"Deed" – a [SELECT: General Warranty Deed / Special Warranty Deed] in recordable form conveying the Property to Buyer subject only to the Permitted Exceptions.
"Default Rate" – [____]% per annum or the maximum rate permitted by law, whichever is less.
"Equity" – the difference between the fair market value of the Property and the Unpaid Balance, plus the value of Buyer's improvements.
"Permitted Exceptions" – the matters listed in Exhibit B.
"Purchase Price" – the amount set forth in Section 4.1.
"Unpaid Balance" – the principal portion of the Purchase Price remaining unpaid at any time, together with accrued interest and other charges.
3. PROPERTY; LEGAL DESCRIPTION
3.1 Property. Seller agrees to sell and Buyer agrees to buy the real property located at [PROPERTY ADDRESS], [CITY], [COUNTY] County, Colorado, legally described in Exhibit A, together with all improvements, fixtures, water rights [SELECT: included/excluded — see Source of Water disclosure], easements, and appurtenances.
3.2 Personal Property Included. The following personal property is included, free of liens: [LIST OR "None"].
3.3 Condition; "As-Is." Except as expressly stated herein and in the disclosures attached, Buyer accepts the Property in its present "AS-IS" condition, subject to Buyer's inspection rights in Section 13.
4. PURCHASE PRICE; DOWN PAYMENT; INSTALLMENT TERMS
4.1 Purchase Price. The total Purchase Price is $[____________].
4.2 Down Payment. Buyer shall pay a down payment of $[____________] on or before [__/__/____].
4.3 Financed Amount. The amount financed (Purchase Price less down payment) is $[____________] (the "Financed Amount").
4.4 Installment Payments. Buyer shall pay the Financed Amount, with interest, in installments as follows:
| Term | Detail |
|---|---|
| Payment amount | $[__________] per [month] |
| Number of payments | [____] |
| First payment due | [__/__/____] |
| Payment due day | [____] day of each [month] |
| Interest rate | [____]% per annum |
| Amortization period | [____] years/months |
| Balloon payment (if any) | $[__________] due [__/__/____] |
| Maturity date | [__/__/____] |
| Late charge | [____]% of payment / $[____] after [____]-day grace period |
| Place of payment | [ADDRESS / ESCROW AGENT] |
4.5 Application of Payments. Payments are applied first to late charges and costs, then to accrued interest, then to principal.
4.6 Maximum Lawful Rate. No provision shall require interest exceeding the maximum permitted by Colorado law; any excess shall be applied to principal or refunded.
5. INTEREST; AMORTIZATION; BALLOON; PREPAYMENT
5.1 Interest. Interest accrues on the Unpaid Balance at the rate stated in Section 4.4 from the Effective Date.
5.2 Balloon Disclosure. [IF APPLICABLE] THIS CONTRACT CONTAINS A BALLOON PAYMENT. A SUBSTANTIAL FINAL PAYMENT OF $[__________] WILL BE DUE ON [__/__/____]. BUYER MAY NEED TO REFINANCE OR OBTAIN OTHER FUNDS TO PAY THE BALLOON.
5.3 Prepayment. Buyer may prepay all or part of the Unpaid Balance at any time [SELECT: without penalty / subject to a prepayment charge of [____]%]. Partial prepayments are applied to principal and do not postpone any scheduled payment.
5.4 Amortization Statement. Upon Buyer's written request, Seller shall provide a statement of the Unpaid Balance and amounts applied to principal and interest.
6. LEGAL TITLE; ESCROW OF DEED; DELIVERY AT PAYOFF
6.1 Retention of Legal Title. Seller retains legal title to the Property as security until Buyer has paid the Purchase Price and performed all obligations in full. Buyer holds equitable title and the right of possession.
6.2 Escrow of Deed (Optional). [SELECT ONE]
☐ Seller shall deposit an executed, recordable Deed with [ESCROW AGENT/TITLE COMPANY] to be held in escrow and delivered to Buyer upon payment in full.
☐ The Deed shall be delivered by Seller directly upon payment in full; no deed is escrowed.
6.3 Delivery at Payoff. Within [____] Business Days after Buyer pays all amounts due, Seller shall execute and deliver the Deed and record a release of this Contract at [SELECT: Seller's / Buyer's] expense.
7. POSSESSION; TAXES, INSURANCE, AND MAINTENANCE
7.1 Possession. Buyer is entitled to possession on [__/__/____].
7.2 Taxes and Assessments. Buyer shall pay, before delinquency, all real property taxes and assessments accruing on or after the possession date, and shall provide Seller proof of payment upon request.
7.3 Insurance. Buyer shall keep the improvements insured against fire and other casualty for not less than [SELECT: replacement cost / the Unpaid Balance], naming Seller as an additional insured / loss payee as its interest appears.
7.4 Maintenance. Buyer shall maintain the Property in good repair, commit no waste, and comply with all laws and any common interest community requirements.
7.5 Common Interest Community. [IF APPLICABLE] Buyer shall pay all association assessments and comply with the governing documents; Seller has delivered the disclosures required by the Colorado Common Interest Ownership Act (C.R.S. Title 38, Article 33.3).
8. BUYER'S EQUITABLE INTEREST; RECORDING
8.1 Recording. This Contract (or a Memorandum of Installment Land Contract in the form of Exhibit C) shall be recorded with the Clerk and Recorder of [COUNTY] County, Colorado, pursuant to C.R.S. § 38-35-109 (a race-notice statute), to provide constructive notice of Buyer's interest. Recording also establishes the vendee's recorded interest relevant under C.R.S. § 38-38-305.
8.2 Documentary Fee. Any documentary fee under C.R.S. § 39-13-102 and recording fees shall be paid by [SELECT: Buyer / Seller].
8.3 No Encumbrance by Seller. Seller shall not further encumber or convey the Property in a manner impairing Buyer's interest, and shall apply Buyer's payments to keep any underlying loan current (see Section 12.3).
9. DEFAULT AND REMEDIES (COLORADO FORFEITURE vs. FORECLOSURE RULE)
9.1 Events of Default. Buyer is in default if Buyer (a) fails to pay any installment within [____] days after its due date; (b) fails to pay taxes or insurance; (c) commits waste; or (d) breaches any other material covenant and fails to cure within [____] days after written notice.
9.2 Notice and Right to Cure. Seller shall give Buyer written notice of default specifying the default and a cure period of not less than [30] days. Buyer may cure by paying all past-due amounts plus late charges and Seller's reasonable costs.
9.3 COLORADO REMEDY — FORECLOSURE WHERE BUYER HAS EQUITY; FED ONLY IN LIMITED CASES. The Parties acknowledge:
a. Under C.R.S. § 38-38-305, an installment land contract vendee is treated as an owner and the vendor as a lienor; Colorado courts (Flett v. Turgeon; Paraguay Place-View Trust v. Gray) hold that where Buyer has acquired substantial Equity and has substantially performed, Seller's proper remedy is judicial foreclosure, affording Buyer applicable redemption rights — NOT summary forfeiture. A public trustee foreclosure under § 38-38-101 requires a qualifying deed of trust; this Contract alone does not provide that route.
b. Where Buyer's Equity is minimal, the default is willful, and little has been paid, Seller may seek possession by a forcible entry and detainer (FED) action under C.R.S. § 13-40-104(1)(i).
c. The court will weigh the amount of Buyer's Equity, the length and willfulness of default, improvements made, and maintenance, in deciding whether foreclosure protections apply.
9.4 Forfeiture (Use With Caution). [OPTIONAL] If permitted under Section 9.3(b), Seller may declare this Contract forfeited and retain payments made as liquidated damages and reasonable rental value; however, the Parties acknowledge a Colorado court may require foreclosure and relieve against forfeiture where Buyer has Equity.
9.5 Cumulative Remedies; Attorneys' Fees. Remedies are cumulative to the extent permitted by law. The prevailing Party in any enforcement action is entitled to reasonable attorneys' fees and costs.
10. TITLE; MARKETABILITY; TITLE INSURANCE
10.1 Marketable Title at Payoff. At Final Closing, Seller shall convey marketable, insurable fee simple title subject only to the Permitted Exceptions.
10.2 Title Insurance. [SELECT: Seller / Buyer] shall provide, at [ITS] expense, an owner's title insurance commitment from [TITLE COMPANY] showing title vested in Seller as of the Effective Date, and an owner's policy issued to Buyer at Final Closing.
10.3 Seller's Existing Liens. Seller represents the Property is encumbered only by: [LIST or "none"]. Seller shall not allow any superior lien to go into default.
11. RISK OF LOSS; CONDEMNATION
11.1 Risk of Loss. From the possession date, risk of loss passes to Buyer. Insurance proceeds shall be applied, at Buyer's election and subject to Seller's security interest, to restoration or to the Unpaid Balance.
11.2 Condemnation. Any condemnation award shall be applied first to the Unpaid Balance, with the balance to Buyer, unless the Parties agree to restoration.
12. ASSIGNMENT; DUE-ON-SALE (GARN–ST. GERMAIN)
12.1 Assignment by Buyer. Buyer may not assign this Contract without Seller's prior written consent, which shall not be unreasonably withheld.
12.2 Assignment by Seller. Seller may assign its rights to payment subject to Buyer's rights hereunder.
12.3 Due-on-Sale Warning (Garn–St. Germain). If the Property is subject to an existing mortgage or deed of trust, entering into this Contract may trigger a "due-on-sale" clause permitting the lender to accelerate under the federal Garn–St. Germain Depository Institutions Act (12 U.S.C. § 1701j-3). Seller represents that [SELECT: there is no underlying loan / the lender has consented / Buyer assumes this risk]. Seller shall apply Buyer's payments to keep any underlying loan current.
13. DISCLOSURES (LEAD-BASED PAINT; PROPERTY CONDITION)
13.1 Lead-Based Paint (Covered Target Housing). Before Buyer is obligated under this Contract, Seller must complete the current federal process for covered target housing: provide the EPA lead-hazard pamphlet; disclose known lead-based paint and known lead-based-paint hazards; provide every available lead-hazard evaluation report; attach the large-type Lead Warning Statement and Buyer-signed acknowledgments to this Contract; and allow Buyer a 10-day risk-assessment or inspection opportunity unless the parties mutually agree to a different period. ☐ Federal coverage and any exemption reviewed ☐ Current warning/disclosure attachment completed ☐ Pamphlet and available reports delivered ☐ Inspection period completed, waived, or changed by mutual agreement.
13.2 Property Condition Disclosure. Seller has delivered the Colorado Real Estate Commission Seller's Property Disclosure (or equivalent) describing known material defects.
13.3 Source of Water Disclosure. Seller completes the potable water source disclosure in Section 13.5 under C.R.S. § 38-35.7-104.
13.4 Inspection. Buyer [SELECT: has inspected / has [____] days to inspect] the Property, including radon testing, and accepts it subject to such inspection.
13.5 Colorado Special Taxing District, Potable Water, and Radon Disclosures. Complete these disclosures before Buyer signs. Attach all known radon records and the current state brochure.
Residential oil, gas, and mineral disclosure (C.R.S. § 38-35.7-108; complete for residential property):
THE SURFACE ESTATE MAY BE OWNED SEPARATELY FROM THE MINERAL ESTATE. A TRANSFER OF THE SURFACE MAY NOT INCLUDE THE MINERALS. OTHERS MAY OWN OR LEASE OIL, GAS, OR OTHER MINERAL RIGHTS AND MAY ENTER AND USE THE SURFACE TO ACCESS THEM.
A SURFACE USE AGREEMENT MAY GOVERN THAT ACCESS. A MEMORANDUM OR OTHER NOTICE OF SUCH AN AGREEMENT MAY BE RECORDED WITH THE COUNTY CLERK AND RECORDER.
OIL AND GAS ACTIVITY ON OR NEXT TO THE PROPERTY MAY INCLUDE SURVEYING, DRILLING, WELL COMPLETION, STORAGE, PRODUCTION FACILITIES, PRODUCING WELLS, REWORKING WELLS, AND GAS GATHERING OR PROCESSING FACILITIES.
BUYER SHOULD SEEK MORE INFORMATION ABOUT OIL AND GAS ACTIVITY ON OR NEAR THE PROPERTY, INCLUDING DRILLING PERMIT APPLICATIONS, FROM THE ENERGY AND CARBON MANAGEMENT COMMISSION.
Colorado special taxing district disclosure (C.R.S. § 38-35.7-101):
SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY, AND BY OBTAINING FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR.
Colorado potable water source disclosure (C.R.S. § 38-35.7-104):
SOURCE OF POTABLE WATER FOR THIS REAL ESTATE:
☐ A WELL.
☐ A WATER PROVIDER, WHICH CAN BE CONTACTED AS FOLLOWS: Name [____________]; address [____________]; website [____________]; telephone [____________].
☐ NEITHER A WELL NOR A WATER PROVIDER. THE SOURCE IS [DESCRIBE: ____________].
SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUNDWATER. YOU MAY WISH TO CONTACT YOUR PROVIDER TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES.
If the water source is a well, Seller shall provide Buyer a copy of the current well permit with this disclosure if one is available: ☐ attached; ☐ not available.
Colorado common interest community disclosure (C.R.S. § 38-35.7-102; include if the Property is in a common interest community):
THE PROPERTY IS LOCATED WITHIN A COMMON INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITY. THE OWNER OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNER'S ASSOCIATION FOR THE COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. THE DECLARATION, BYLAWS, AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION, BYLAWS, AND RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY READ THE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION.
Known methamphetamine laboratory history (C.R.S. § 38-35.7-103): Seller ☐ knows ☐ does not know that the Property was previously used as a methamphetamine laboratory. If known, describe the use and any remediation: [____________________________]. This disclosure is not required if Seller remediated the Property under § 25-18.5-102 and received the certificates of compliance described in § 38-35.7-103(4).
Colorado radon disclosure (C.R.S. § 38-35.7-112):
The Colorado Department of Public Health and Environment strongly recommends that ALL home buyers have an indoor radon test performed before purchasing residential real property and recommends having the radon levels mitigated if elevated radon concentrations are found. Elevated radon concentrations can be reduced by a radon mitigation professional.
Residential real property may present exposure to dangerous levels of indoor radon gas that may place the occupants at risk of developing radon-induced lung cancer. Radon, a Class A human carcinogen, is the leading cause of lung cancer in nonsmokers and the second leading cause of lung cancer overall. The seller of residential real property is required to provide the buyer with any known information on radon test results of the residential real property.
Seller's knowledge of radon concentrations and testing: [STATE WHAT IS KNOWN, INCLUDING WHETHER ANY TEST WAS CONDUCTED: ____________].
Most recent radon test records and reports: ☐ Attached and identified: [____________] ☐ Seller has none.
Concentrations and mitigation or remediation performed: [DESCRIBE OR STATE NONE KNOWN: ____________].
Installed radon mitigation system: ☐ None known ☐ Installed; describe and attach documentation: [____________].
Most recent Colorado Department of Public Health and Environment brochure on radon in real estate transactions: ☐ Attached. Buyer acknowledges receipt of the completed disclosures, listed records, and brochure: [BUYER INITIALS / DATE: ____________].
14. GENERAL PROVISIONS
14.1 Governing Law. This Contract is governed by the laws of the State of Colorado.
14.2 Forum. Exclusive venue lies in the state courts in [COUNTY] County, Colorado.
14.3 Notices. Notices shall be in writing and delivered by hand, certified mail (return receipt requested), or nationally recognized overnight courier to the addresses in Section 1.
14.4 Time of the Essence. Time is of the essence as to all payment obligations, subject to the notice and cure rights and the Colorado foreclosure rule in Section 9.
14.5 Entire Agreement; Amendment. This Contract and its Exhibits are the entire agreement and may be amended only in a writing signed by both Parties.
14.6 Severability. If any provision is held invalid, the remainder shall remain enforceable.
14.7 Counterparts; Electronic Signatures. This Contract may be executed in counterparts and by electronic signature.
14.8 Successors and Assigns. This Contract binds and benefits the Parties and their permitted successors and assigns.
15. EXECUTION; NOTARIAL ACKNOWLEDGMENT
IN WITNESS WHEREOF, the Parties have executed this Contract as of the Effective Date.
SELLER:
________________________________________
[SELLER NAME]
Date: [__/__/____]
BUYER:
________________________________________
[BUYER NAME]
Date: [__/__/____]
Notary Acknowledgment
STATE OF COLORADO
COUNTY OF [____________]
The foregoing instrument was acknowledged before me this [____] day of [MONTH], [YEAR], by [NAME(S)].
Witness my hand and official seal.
________________________________________
Notary Public, State of Colorado
My Commission Expires: ___________
[SEAL]
16. EXHIBITS AND SCHEDULES
- Exhibit A – Legal Description of the Property
- Exhibit B – Permitted Exceptions
- Exhibit C – Memorandum of Installment Land Contract (for recording)
- Exhibit D – Lead-Based Paint Disclosure (pre-1978 housing)
- Exhibit E – Seller's Property Disclosure
- Exhibit F – Radon records and current state brochure
- Schedule 1 – Amortization Schedule
EXHIBIT D — LEAD WARNING AND DISCLOSURE ATTACHMENT
Property: [________________________________________________]
LEAD WARNING STATEMENT
Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.
Seller disclosure: ☐ Seller knows of lead-based paint or lead-based-paint hazards: [DESCRIBE BASIS, LOCATION, AND CONDITION: ________________________________] ☐ Seller has no knowledge of lead-based paint or lead-based-paint hazards.
Records and reports provided to Buyer: [LIST EACH AVAILABLE LEAD-HAZARD RECORD OR REPORT PROVIDED: ________________________________] ☐ Seller has no such records or reports available.
Buyer acknowledgment: By signing below, Buyer acknowledges receipt of Seller's disclosure and the records or reports listed above, and receipt of the federally approved lead-hazard information pamphlet. Buyer also states that Buyer has read the Lead Warning Statement and understands its contents.
Inspection opportunity: Buyer ☐ received a 10-day opportunity to conduct a lead risk assessment or inspection before becoming obligated under this Contract; ☐ received a different period mutually agreed in writing: [____] days; or ☐ waives that opportunity.
Seller's agent certification, if an agent is involved: I informed Seller of Seller's obligations under 42 U.S.C. § 4852d and am aware of my duty to ensure compliance with the federal lead-disclosure requirements.
Agent name (repeat for each involved agent): [________________________________] Agent signature: [________________________________] Date: [__/__/____]
By signing, Seller, any involved agent, and Buyer certify the accuracy of their statements to the best of their knowledge.
Seller signature (repeat for each seller): [________________________________] Date: [__/__/____]
Buyer signature (repeat for each purchaser): [________________________________] Date: [__/__/____]
Seller and any involved agent must retain a copy of the completed attachment for at least three years from completion of the sale under 40 C.F.R. § 745.113(c)(1).
Sources and References
- C.R.S. § 38-38-305 (installment land contract vendor/vendee) — https://leg.colorado.gov/
- C.R.S. § 13-40-104 (FED) — https://leg.colorado.gov/
- C.R.S. § 38-35-109 (recording; race-notice) — https://law.justia.com/codes/colorado/title-38/real-property/conveyancing-and-evidence-of-title/article-35/part-1/section-38-35-109/
- Paraguay Place-View Trust v. Gray, (Colo. App. 1999) — https://caselaw.findlaw.com/co-court-of-appeals/1411554.html
- Flett v. Turgeon, 699 P.2d 10 (Colo. App. 1984)
- Garn–St. Germain Act, 12 U.S.C. § 1701j-3 — https://www.law.cornell.edu/uscode/text/12/1701j-3
- Lead-Based Paint, 42 U.S.C. § 4852d — https://www.law.cornell.edu/uscode/text/42/4852d
About this template
- Last updated
- October 26, 2026
- Jurisdiction
- Colorado
- Category
- Real Estate
Legal authority
- 4 CCR 725-1, Rule 7.1(A) (Commission-approved forms for licensed brokers)
- C.R.S. § 38-35.7-103(3)-(4) (known methamphetamine laboratory history)
- C.R.S. § 38-35.7-102(1) (common interest community contract disclosure)
- C.R.S. § 38-35.7-101(1) (bold special taxing district disclosure in residential sale contracts)
- C.R.S. § 38-35.7-104 (potable water source disclosure)
- C.R.S. § 38-35.7-112(2) (radon warning, seller knowledge, and brochure)
- C.R.S. § 38-35.7-108(1) (oil, gas, and severed-mineral disclosure for residential sales)
- 42 U.S.C. § 4852d(a)(2)(A) (purchaser warning acknowledgment)
- C.R.S. § 38-38-305 (installment land contract vendee treated as owner / vendor as lienor for redemption/foreclosure purposes)
- C.R.S. § 13-40-104(1)(i) (forcible entry and detainer by vendor against defaulting vendee)
- C.R.S. § 38-35-109 (recording; race-notice statute)
- C.R.S. Title 38, Article 38 (foreclosure and redemption)
- C.R.S. § 5-1-101 et seq. (Uniform Consumer Credit Code, where applicable)
- 42 U.S.C. § 4852d (federal Residential Lead-Based Paint Hazard Reduction Act)
- 40 C.F.R. § 745.113(a) (seller lead-disclosure attachment)
- 40 C.F.R. § 745.110(a)
- 40 C.F.R. § 745.110(b)
- 40 C.F.R. § 745.113(c)(1)
Real estate documents transfer ownership, define who can use a property, and record agreements between buyers, sellers, landlords, and tenants. Deeds, purchase agreements, leases, and easements have to be drafted to meet state recording requirements, and mistakes show up at closing or years later in title disputes. Good real estate paperwork moves transactions forward quickly and avoids the kind of problems that only surface when it is time to sell or refinance.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
The statutes this template relies on are listed under Legal authority.
C.R.S. § 38-38-101(1) (checked October 26, 2026): "Whenever a holder of an evidence of debt declares a violation of a covenant of a deed of trust and elects to publish all or a portion of the property therein described for sale, the holder or the attorney for the holder shall file the following with the public trustee of the county where the property is located"
C.R.S. § 38-38-305(2) (checked October 26, 2026): "For the purposes of this article, an installment land contract vendor of property shall be considered as a lienor for the unpaid portion of the purchase price, interest, and other amounts provided under the installment land contract"
C.R.S. § 38-35.7-108(1)(a) (checked October 24, 2026): "THE SURFACE ESTATE OF THE PROPERTY MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE, AND TRANSFER OF THE SURFACE ESTATE MAY NOT INCLUDE TRANSFER OF THE MINERAL ESTATE."
C.R.S. § 38-35.7-108(1)(b) (checked October 24, 2026): "each contract of sale or seller's property disclosure for residential real property that is not subject to the real estate commission's jurisdiction must contain a disclosure statement in bold-faced type that is clearly legible in substantially the same form as is specified in paragraph (a) of this subsection (1)."
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