Realtor Version
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Required Disclosures (8)
1.) Adverse Material Facts: Sellers must disclose any problems with the property that significantly affect its value, safety, or a buyer’s desire to purchase it (§ 12-10-404) (In re Estate of Gattis (2013)). This disclosure is also included in Colorado’s standardized SPDS form.
2.) Common Interest Community: If the property is part of a Homeowner Association (HOA), the seller must disclose any associated fees, rules, and bylaws (§ 38-35.7-102).
3.) Lead-Based Paint Disclosure: If the property was built prior to 1978, the seller must report all known lead paint hazards to the prospective buyer and provide an EPA-approved pamphlet on the hazardous material (42 U.S. Code § 4852d).
4.) Methamphetamine Laboratory: If the seller is aware that the property was once used to manufacture methamphetamine, they must give the prospective buyer a written disclosure detailing all related information (§ 38-35.7-103).
5.) Oil & Gas Activity: The seller is obligated to disclose whether any third parties own the minerals under, or drilling rights to, the property (§ 38-35.7-108).
6.) Potable Water Source: The seller must disclose all information pertaining to the property’s source of potable water (§ 38-35.7-104). If the water source is a well, the seller should attach a copy of the current well permit to this form.
7.) Special Taxing District: The seller must inform the prospective buyer if the property is located in a district that can levy extra taxes for local improvements or debts (§ 38-35.7-101).
8.) Transportation Projects: The seller is required to disclose all information concerning any known transportation projects that may impact the property (§ 38-35.7-105).
Optional Disclosures (3)
1.) Green Disclosure (Form GD31-9-12): Allows the seller to disclose any facts regarding the energy efficiency of the property’s features. There is no current statute in Colorado Law requiring this form to be executed, but it is recommended.
2.) Seller’s Property Disclosure (SPDS): This is a comprehensive checklist where sellers note the condition of the property, electrical system, and appliances. While the form itself is not mandatory, it is highly recommended and common. This document fulfills the legal obligation to disclose known defects.
3.) Square Footage Disclosure: This form explains how the property was measured. It protects the seller and real estate broker from claims that the house is smaller than advertised (CREC Rule 5.21).

Colorado Real Estate Commission (2026)