We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use.
Click "here" to read our Cookie Policy. By clicking "Accept" you agree to the use of cookies. Read less
Read more
- US Legal Forms
-
Colorado Acuerdo o Contrato de Escritura de Venta y Compra de Bienes...
Acuerdo Escritura Raíces - Colorado Agreement or Contract for Deed for Sale and Purchase of Real Estate a/k/a Land or Executory Contract
State:
Colorado
Control #:
CO-00470
Format:
Word
Instant download
Description Contrato Venta Compra Raíces
Forma de contrato de escritura. -Colorado
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés.
For your convenience, the complete English version of this form is attached below the Spanish version.
Free preview Contrato Escritura K
Acuerdo Venta Compra Terreno Related Forms
Solicitud del Comprador para la Contabilidad del Vendedor bajo el Contrato de Escritura
Solicitud del Comprador para la Contabilidad del Vendedor bajo el Contrato de Escritura
View this form
Contrato de Escrituración Estado Contable Anual del Vendedor
Contrato de Escrituración Estado Contable Anual del Vendedor
View this form
Cesión del contrato de escritura por parte del vendedor
Cesión del contrato de escritura por parte del vendedor
View this form
Aviso de cesión de contrato de escritura
Aviso de cesión de contrato de escritura
View this form
Residential Real Estate Sales Disclosure Statement
Residential Real Estate Sales Disclosure Statement
View this form
Divulgación de pintura a base de plomo para transacciones de venta
Divulgación de pintura a base de plomo para transacciones de venta
View this form
Related legal definitions
Viewed forms
How to fill out Escritura Bienes Raíces Terreno?
If you're searching for precise Colorado Agreement or Contract for Deed for Sale and Purchase of Real Estate a/k/a Land or Executory Contract copies, US Legal Forms is the thing you need; reach files developed and checked out by state-accredited legal professionals. Making use of US Legal Forms not simply helps you save from headaches relating to rightful paperwork; furthermore, you economise effort and time, and funds! Downloading, printing, and filling in a professional template is much more affordable than requesting an attorney to do it for you personally.
To begin, complete your signing up process by adding your email and making a password. Adhere to the steps beneath to create your account and find the Colorado Agreement or Contract for Deed for Sale and Purchase of Real Estate a/k/a Land or Executory Contract web template to deal with your circumstances:
- Utilize the Preview tool or read the document information (if offered) to rest assured that the form is the one you want.
- Check its applicability in your state.
- Simply click Buy Now to make an order.
- Go with a recommended rates plan.
- Make an account and pay with the credit card or PayPal.
- Select a handy file format and conserve the papers.
And while, that is it. In just a couple of easy actions you own an editable Colorado Agreement or Contract for Deed for Sale and Purchase of Real Estate a/k/a Land or Executory Contract. Once you make an account, all upcoming purchases will be processed even easier. If you have a US Legal Forms subscription, just log in profile and then click the Download button you can find on the for’s web page. Then, when you need to use this blank again, you'll constantly manage to find it in the My Forms menu. Don't waste your time and energy checking countless forms on various websites. Buy professional copies from a single trusted platform!
Contrato Compra Bienes Form Rating
4.79
Satisfied(409)
Contrato Compra K Form popularity
Contrato Compra K Terreno Other Form Names
Contrato Escritura Compra
Contrato Escritura Terreno
Contrato Escritura Venta Compra K Terreno
Contrato Venta Compra
Contrato Venta Compra Bienes Raíces
Contrato Venta Compra K
Acuerdo Venta Compra K
Contrato Venta Ejecución FAQ
EL CONTRATO DE COMPRAVENTA CON RESERVA DE DOMINIO LLEVA INCORPORADA UNA GARANTIA PARA QUE EL COMPRADOR PAGUE EL PRECIO APLAZADO. EL VENDEDOR MANTIENE SU DERECHO DE PROPIEDAD SOBRE EL BIEN MUEBLE NO OBSTANTE LO ENTREGA HASTA QUE EL COMPRADOR COMPLETE EL PAGO DEL PRECIO.
Los elementos que debe tener el contrato privado de compraventa son los siguientes:Identificacion de las partes.DescripciA³n de la propiedad.Estatutos de la comunidad y penalizaciones en caso de que una de las partes no cumpla sus obligaciones.El precio pactado y la forma de pago.
Elementos mas importantes en un contrato de compraventa de casas:Identidad de las partes que lo firman.DirecciA³n, nAºmero de escrituras de la propiedad y certificado libre de Gravamen.Precio total de la compraventa y forma de pago.Derechos y obligaciones de las partes que lo firman.More items...a¢Jul 7, 2020
Se debe incluir los nombres completos y contar con un documento de identificacion vigente. No se deben hacer contratos con menores de edad o adultos mayores sin sus representantes presentes. Se recomienda que el comprador saque el recibo en la oficina de registro y asA se pueda verificar que todo estA¡ en orden.
Los gastos notariales de escrituracion corresponden al 0,54% sobre el valor de la venta. Esta suma de dinero es asumido por partes iguales entre el comprador y el vendedor. Es decir, si un inmueble cuesta $250 millones de pesos, el 0,54% de ese monto es $1'350.000.
Un contrato de compraventa con reserva de dominio es un contrato entre un comprador y un vendedor privado para la compra de un bien real que contiene una vivienda. Con un contrato de compraventa con reserva de dominio, el comprador no recibe el dominio completo del bien real.
El formato de compraventa debe incluir una seccion donde se especifiquen las caracterAsticas del inmueble, detallando:Los metros de la propiedad: AquA se detalla el terreno y el inmueble construido.El tAtulo de propiedad: Es la certificaciA³n la legalidad de la transacciA³n.More items...a¢Jan 18, 2016
Solicitar una nota simple en el Registro de Bienes Inmuebles. Solicitar la carta de pago a la financiera. Solicitar el levantamiento de la reserva de dominio en el Registro de Bienes Inmuebles. Acudir a la Direccion General de TrA¡fico pasados 15 dAas para certificar que el vehAculo estA¡ a nuestro nombre.
El proceso debe llevarse a cabo por medio de un notario publico y firmando un contrato de compraventa. El inmueble debe encontrarse en buenas condiciones. En caso de no estarlo, el comprador debe estar de acuerdo con esta situaciA³n. El vendedor debe entregar las escrituras de la propiedad al comprador.
Los elementos que debe tener el contrato privado de compraventa son los siguientes:Identificacion de las partes.DescripciA³n de la propiedad.Estatutos de la comunidad y penalizaciones en caso de que una de las partes no cumpla sus obligaciones.El precio pactado y la forma de pago.
Colorado Acuerdo o Contrato de Escritura de Venta y Compra de Bienes Raíces a/k/a Terreno o Contrato de Ejecución Related Searches
-
como pasar una propiedad a nombre de otra persona
-
abogados especialistas en propiedades
-
derecho inmobiliario
-
escritura de renuncia de propiedad
-
acto de venta de terreno república dominicana
-
traspaso de propiedad en estados unidos
-
tipos de escrituras de propiedad
-
escritura de traspaso de propiedad méxico
-
contrato de compraventa sencillo
-
contrato privado de compraventa
More info
El contrato de compraventa es el paradigma regulatorio de los contratos de intercambio. LOCAL : El propietario por la presente ofrece alquilar una vivienda, ubicada en _., que consta de ___ baño.
Escritura Bienes K Terreno Trusted and secure by over 3 million people of the world’s leading companies
Acuerdo Escritura Raíces
Change state
To change the state, select it from the list below and press Change state.
Changing the state redirects you to another page.
Colorado
Change state
-
No results found.
-
Colorado
-
Alabama
-
Alaska
-
Arizona
-
Arkansas
-
California
-
Connecticut
-
Delaware
-
District of Columbia
-
Florida
-
Georgia
-
Hawaii
-
Idaho
-
Illinois
-
Indiana
-
Iowa
-
Kansas
-
Kentucky
-
Louisiana
-
Maine
-
Maryland
-
Massachusetts
-
Michigan
-
Minnesota
-
Mississippi
-
Missouri
-
Montana
-
Nebraska
-
Nevada
-
New Hampshire
-
New Jersey
-
New Mexico
-
New York
-
North Carolina
-
North Dakota
-
Ohio
-
Oklahoma
-
Oregon
-
Pennsylvania
-
Rhode Island
-
South Carolina
-
South Dakota
-
Tennessee
-
Texas
-
Utah
-
Vermont
-
Virginia
-
Washington
-
West Virginia
-
Wisconsin
-
Wyoming
Law summary
Acuerdo o Contrato de Escritura de Venta y Compra de Bienes Raíces a/k/a Terreno o Contrato de Ejecución
Colorado Statutes
TITLE 15 PROBATE, TRUSTS, AND FIDUCIARIES
COLORADO PROBATE CODE
ARTICLE 15 Nonprobate Transfers on Death
PART 4 TRANSFER OF REAL PROPERTY EFFECTIVE ON DEATH
15-15-402. Real property beneficiary deed.
(1) In addition to any method allowed by law to effect a transfer at death, title to an interest in real property may be transferred on the death of the owner by recording, prior to the owner's death, a beneficiary deed signed by the owner of such interest, as grantor, designating a grantee-beneficiary of the interest. The transfer by a beneficiary deed shall be effective only upon the death of the owner. A beneficiary deed need not be supported by consideration.(2) The joinder, signature, consent, or agreement of, or notice to, a grantee-beneficiary of a beneficiary deed prior to the death of the grantor shall not be required. Subject to the right of the grantee-beneficiary to disclaim or refuse to accept the property, the conveyance shall be effective upon the death of the owner.
(3) During the lifetime of the owner, the grantee-beneficiary shall have no right, title, or interest in or to the property, and the owner shall retain the full power and authority with respect to the property without the joinder, signature, consent, or agreement of, or notice to, the grantee-beneficiary for any purpose.
15-15-404. Form of beneficiary deed recording.
Form of beneficiary deed - recording.
(1) An owner may transfer an interest in real property effective on the death of the owner by executing a beneficiary deed that contains the words conveys on death or transfers on death or otherwise indicates the transfer is to be effective on the death of the owner and recording the beneficiary deed prior to the death of the owner in the office of the clerk and recorder in the county where the real property is located. A beneficiary deed may be in substantially the following form:
BENEFICIARY DEED
(15-15-401 et seq., Colorado Revised Statutes)
CAUTION: THIS DEED MUST BE RECORDED PRIOR TO THE DEATH OF THE GRANTOR IN ORDER TO BE EFFECTIVE.
______________________________________ , as grantor, (Name of grantor) designates____________________________________ as (Name of grantee-beneficiary) grantee-beneficiary whose address is __________________ (Note to Assessor and Treasurer: This address is for identification purposes only, all notices and tax statements should continue to be sent to grantor.) (Optional)[or if grantee-beneficiary fails to survive grantor, grantor designates _________________________, as (Name of successor grantee-beneficiary) successor grantee-beneficiary whose address is _____________________________________________] and grantor transfers, sells, and conveys on grantor's death to the grantee-beneficiary, the following described real property located in the County of ___________, State of Colorado: (insert legal description here) Known and numbered as _______________ THIS BENEFICIARY DEED IS REVOCABLE. IT DOES NOT TRANSFER ANY OWNERSHIP UNTIL THE DEATH OF THE GRANTOR. IT REVOKES ALL PRIOR BENEFICIARY DEEDS BY THIS GRANTOR FOR THIS REAL PROPERTY EVEN IF THIS BENEFICIARY DEED FAILS TO CONVEY ALL OF THE GRANTOR'S INTEREST IN THIS REAL PROPERTY. WARNING: EXECUTION OF THIS BENEFICIARY DEED MAY DISQUALIFY THE GRANTOR FROM BEING DETERMINED ELIGIBLE FOR, OR FROM RECEIVING, MEDICAID UNDER TITLE 26, COLORADO REVISED STATUTES. WARNING: EXECUTION OF THIS BENEFICIARY DEED MAY NOT AVOID PROBATE. Executed this______________. (Date) _________________________________ (Grantor)
(2) Unless the owner designates otherwise in a beneficiary deed, a beneficiary deed shall not be deemed to contain any warranties of title and shall have the same force and effect as a conveyance made using a bargain and sale deed.
(15-15-401 et seq., Colorado Revised Statutes)
CAUTION: THIS DEED MUST BE RECORDED PRIOR TO THE DEATH OF THE GRANTOR IN ORDER TO BE EFFECTIVE.
___, as grantor,
(Name of grantor)
designates____________________________________ as
(Name of grantee-beneficiary)
grantee-beneficiary whose address is ___ (Note to Assessor and Treasurer: This address is for identification purposes only, all notices and tax statements should continue to be sent to grantor.)
(Optional)[or if grantee-beneficiary fails to survive grantor, grantor designates ___, as
(Name of successor grantee-beneficiary)
successor grantee-beneficiary whose address is ________________________ _____________________]
and grantor transfers, sells, and conveys on grantor's death to the grantee-beneficiary, the following described real property located in the County of ___, State of Colorado:
(insert legal description here)
Known and numbered as _______________
THIS BENEFICIARY DEED IS REVOCABLE. IT DOES NOT TRANSFER ANY OWNERSHIP UNTIL THE DEATH OF THE GRANTOR. IT REVOKES ALL PRIOR BENEFICIARY DEEDS BY THIS GRANTOR FOR THIS REAL PROPERTY EVEN IF THIS BENEFICIARY DEED FAILS TO CONVEY ALL OF THE GRANTOR'S INTEREST IN THIS REAL PROPERTY.
WARNING: EXECUTION OF THIS BENEFICIARY DEED MAY DISQUALIFY THE GRANTOR FROM BEING DETERMINED ELIGIBLE FOR, OR FROM RECEIVING, MEDICAID UNDER TITLE 26, COLORADO REVISED STATUTES.
WARNING: EXECUTION OF THIS BENEFICIARY DEED MAY NOT AVOID PROBATE.
Executed this______________.
(Date)
_________________________________
(Grantor)
(2) Unless the owner designates otherwise in a beneficiary deed, a beneficiary deed shall not be deemed to contain any warranties of title and shall have the same force and effect as a conveyance made using a bargain and sale deed.
TITLE 38 PROPERTY - REAL AND PERSONAL REAL PROPERTY
Conveyancing and Evidence of Title
ARTICLE 35 Conveyancing and Recording
PART 1 GENERAL PROVISIONS
38-35-126. Contract for deed - escrow of tax moneys - written notice.
(1) (a) Parties entering into a contract for deed to real property shall designate the public trustee of the county where the real property is located to act as escrow agent for moneys paid or to be paid by the purchaser to meet the property tax obligations on the real property, including the seller's credit at closing for the current year's property taxes and periodic property tax payments, which the contract shall provide will be made monthly by the purchaser to the public trustee. The purchaser shall be responsible for payment to the public trustee of the escrow fee pursuant to section 38-37-104 (1) (d). Once each year during the month of April, upon notice from the county treasurer, the public trustee shall, to the extent funds are on deposit in the escrow account, transfer sufficient funds from the escrow account to the county treasurer for payment of property taxes on the real property for the prior taxable year. The public trustee shall continue as escrow agent for tax moneys collected on the real property until the deed to the real property is delivered to the purchaser and recorded. At the time of delivery, the public trustee shall release to the purchaser any moneys remaining in the escrow account and the receipts for all property taxes paid on the property by the public trustee. If the public trustee determines that the escrow is no longer necessary, the public trustee may terminate the escrow account. The public trustee shall notify the county treasurer of the termination and shall transfer any moneys held in escrow to the county treasurer for payment of property taxes in accordance with section 39-10-104.5, C.R.S. Any amount so transferred by the public trustee shall be subtracted from the amount of property tax payable on the real property at the time annual property taxes for the current or subsequent taxable years are due. Upon termination of the escrow account, any amount not accepted by the county treasurer upon transfer shall be returned by the public trustee to the person holding title to the real property that is the subject of the contract for deed to real property.
(b) For the purposes of this section, a contract for deed to real property means a contract for the sale of real property which provides that the purchaser shall assume possession of the real property and the rights and responsibilities of ownership of the real property but that the deed to such real property will not be delivered to the purchaser for at least one hundred eighty days following the latest execution date on the contract for deed to real property and not until the purchaser has met certain conditions such as payment of the full contract price or a specified portion thereof. Contract for deed to real property includes installment land contracts.
(c) The public trustee shall deposit tax moneys received pursuant to the provisions of paragraph (a) of this subsection (1) in an escrow account opened for such purpose in one or more financial institutions which are in compliance with and qualified and defined in article 10.5 of title 11, C.R.S. Moneys from more than one transaction may be commingled in one account, to be accounted for separately. If the escrow account opened by the public trustee under the provisions of this subsection (1) bears interest, such interest shall be retained by the public trustee to defray expenses arising from the administration of such escrow account.
(d) A public trustee may designate an alternate to act as escrow agent on any contract for deed to real property in which the public trustee is designated as escrow agent pursuant to the provisions of this section; except that such alternate shall not be a party to the contract for deed to real property. Such designation shall be made by sending written notification of such designation to the parties to such contract and to the county treasurer. Such notice shall include the name and legal address of the designated alternate and the date such designated alternate shall assume the duties of escrow agent. Such designated alternate shall have all of the duties and powers of the public trustee to act as escrow agent on a contract for deed to real property as stated in this section. In the event that the public trustee designates an alternate to serve as escrow agent, the purchaser shall pay to the designated alternate the escrow fee as stated in paragraph (a) of this subsection (1).
(2) Within ninety days of executing and delivering a contract for deed to real property, the seller shall file with the county treasurer of the county wherein the real property is located a written notice of transfer by contract for deed to real property. Such notice shall not operate to convey title. Such notice shall include the name and legal address of the seller, the name and legal address of the purchaser, a legal description of the real property, the date upon which the contract for deed to real property was executed and delivered, and the date or conditions upon which the deed to the real property will be delivered to the purchaser, absent default. In addition, within ninety days of executing and delivering the contract for deed to real property, the seller shall file a real estate transfer declaration with the county assessor of the county wherein the property is located, pursuant to the provisions of section 39-14-102, C.R.S.
(3) The buyer shall have the option of voiding any contract for deed to real property which fails to designate the public trustee as escrow agent for deposit of property tax moneys or for which no written notice is filed with the county treasurer's office or the county assessor's office. Upon voidance of such contract, the buyer shall be entitled to the return of all payments made on the contract, with statutory interest as defined in section 5-12-102, C.R.S., and reasonable attorney fees and costs. This avoidance right shall expire on the date seven years after the latest execution date on the contract for deed to real property unless exercised prior to such date.
(4) The provisions of subsections (1) and (3) of this section shall not apply to the parties to a contract for deed to real property so long as the seller complies with the requirements of subsection (2) of this section, so long as the real property which is the subject of such contract for deed to real property is not subdivided into parcels which are smaller than one acre, and so long as the seller pays the annual property tax obligations on the real property which is the subject of such contract for deed to real property or submits a bond or an irrevocable letter of credit in the amount of the taxes due on such real property to the county treasurer, either of which shall be immediately payable to such county treasurer upon default. Payment of such property taxes or submittal of such bond or irrevocable letter of credit shall be made within thirty days of mailing of the notice of taxes due from the county treasurer and prior to seeking reimbursement from the purchaser.
(5) Repealed.
Colorado Case Law
Woods v. Montecello Dev. Co., 656 P.2d 1324 (Colo.App. 1982); While equity abhors forfeiture, this equitable maxim applies only where the buyer has substantially performed his or her duties under the contract.
Haan v. Traylor, 79 P.3d 114; Colo. Rev. Stat. § 38-35-126(1)(a) (2002) requires in part parties entering into a contract for deed to real property designate the public trustee of the county wherein such real property is located to act as escrow agent for moneys paid or to be paid by the purchaser to meet the property tax obligations.
Legal definition
Acuerdo o Contrato de Escritura de Venta y Compra de Bienes Raíces a/k/a Terreno o Contrato de Ejecución
Colorado Statutes
TITLE 15 PROBATE, TRUSTS, AND FIDUCIARIES
COLORADO PROBATE CODE
ARTICLE 15 Nonprobate Transfers on Death
PART 4 TRANSFER OF REAL PROPERTY EFFECTIVE ON DEATH
15-15-402. Real property beneficiary deed.
(1) In addition to any method allowed by law to effect a transfer at death, title to an interest in real property may be transferred on the death of the owner by recording, prior to the owner's death, a beneficiary deed signed by the owner of such interest, as grantor, designating a grantee-beneficiary of the interest. The transfer by a beneficiary deed shall be effective only upon the death of the owner. A beneficiary deed need not be supported by consideration.(2) The joinder, signature, consent, or agreement of, or notice to, a grantee-beneficiary of a beneficiary deed prior to the death of the grantor shall not be required. Subject to the right of the grantee-beneficiary to disclaim or refuse to accept the property, the conveyance shall be effective upon the death of the owner.
(3) During the lifetime of the owner, the grantee-beneficiary shall have no right, title, or interest in or to the property, and the owner shall retain the full power and authority with respect to the property without the joinder, signature, consent, or agreement of, or notice to, the grantee-beneficiary for any purpose.
15-15-404. Form of beneficiary deed recording.
Form of beneficiary deed - recording.
(1) An owner may transfer an interest in real property effective on the death of the owner by executing a beneficiary deed that contains the words conveys on death or transfers on death or otherwise indicates the transfer is to be effective on the death of the owner and recording the beneficiary deed prior to the death of the owner in the office of the clerk and recorder in the county where the real property is located. A beneficiary deed may be in substantially the following form:
BENEFICIARY DEED
(15-15-401 et seq., Colorado Revised Statutes)
CAUTION: THIS DEED MUST BE RECORDED PRIOR TO THE DEATH OF THE GRANTOR IN ORDER TO BE EFFECTIVE.
______________________________________ , as grantor, (Name of grantor) designates____________________________________ as (Name of grantee-beneficiary) grantee-beneficiary whose address is __________________ (Note to Assessor and Treasurer: This address is for identification purposes only, all notices and tax statements should continue to be sent to grantor.) (Optional)[or if grantee-beneficiary fails to survive grantor, grantor designates _________________________, as (Name of successor grantee-beneficiary) successor grantee-beneficiary whose address is _____________________________________________] and grantor transfers, sells, and conveys on grantor's death to the grantee-beneficiary, the following described real property located in the County of ___________, State of Colorado: (insert legal description here) Known and numbered as _______________ THIS BENEFICIARY DEED IS REVOCABLE. IT DOES NOT TRANSFER ANY OWNERSHIP UNTIL THE DEATH OF THE GRANTOR. IT REVOKES ALL PRIOR BENEFICIARY DEEDS BY THIS GRANTOR FOR THIS REAL PROPERTY EVEN IF THIS BENEFICIARY DEED FAILS TO CONVEY ALL OF THE GRANTOR'S INTEREST IN THIS REAL PROPERTY. WARNING: EXECUTION OF THIS BENEFICIARY DEED MAY DISQUALIFY THE GRANTOR FROM BEING DETERMINED ELIGIBLE FOR, OR FROM RECEIVING, MEDICAID UNDER TITLE 26, COLORADO REVISED STATUTES. WARNING: EXECUTION OF THIS BENEFICIARY DEED MAY NOT AVOID PROBATE. Executed this______________. (Date) _________________________________ (Grantor)
(2) Unless the owner designates otherwise in a beneficiary deed, a beneficiary deed shall not be deemed to contain any warranties of title and shall have the same force and effect as a conveyance made using a bargain and sale deed.
(15-15-401 et seq., Colorado Revised Statutes)
CAUTION: THIS DEED MUST BE RECORDED PRIOR TO THE DEATH OF THE GRANTOR IN ORDER TO BE EFFECTIVE.
___, as grantor,
(Name of grantor)
designates____________________________________ as
(Name of grantee-beneficiary)
grantee-beneficiary whose address is ___ (Note to Assessor and Treasurer: This address is for identification purposes only, all notices and tax statements should continue to be sent to grantor.)
(Optional)[or if grantee-beneficiary fails to survive grantor, grantor designates ___, as
(Name of successor grantee-beneficiary)
successor grantee-beneficiary whose address is ________________________ _____________________]
and grantor transfers, sells, and conveys on grantor's death to the grantee-beneficiary, the following described real property located in the County of ___, State of Colorado:
(insert legal description here)
Known and numbered as _______________
THIS BENEFICIARY DEED IS REVOCABLE. IT DOES NOT TRANSFER ANY OWNERSHIP UNTIL THE DEATH OF THE GRANTOR. IT REVOKES ALL PRIOR BENEFICIARY DEEDS BY THIS GRANTOR FOR THIS REAL PROPERTY EVEN IF THIS BENEFICIARY DEED FAILS TO CONVEY ALL OF THE GRANTOR'S INTEREST IN THIS REAL PROPERTY.
WARNING: EXECUTION OF THIS BENEFICIARY DEED MAY DISQUALIFY THE GRANTOR FROM BEING DETERMINED ELIGIBLE FOR, OR FROM RECEIVING, MEDICAID UNDER TITLE 26, COLORADO REVISED STATUTES.
WARNING: EXECUTION OF THIS BENEFICIARY DEED MAY NOT AVOID PROBATE.
Executed this______________.
(Date)
_________________________________
(Grantor)
(2) Unless the owner designates otherwise in a beneficiary deed, a beneficiary deed shall not be deemed to contain any warranties of title and shall have the same force and effect as a conveyance made using a bargain and sale deed.
TITLE 38 PROPERTY - REAL AND PERSONAL REAL PROPERTY
Conveyancing and Evidence of Title
ARTICLE 35 Conveyancing and Recording
PART 1 GENERAL PROVISIONS
38-35-126. Contract for deed - escrow of tax moneys - written notice.
(1) (a) Parties entering into a contract for deed to real property shall designate the public trustee of the county where the real property is located to act as escrow agent for moneys paid or to be paid by the purchaser to meet the property tax obligations on the real property, including the seller's credit at closing for the current year's property taxes and periodic property tax payments, which the contract shall provide will be made monthly by the purchaser to the public trustee. The purchaser shall be responsible for payment to the public trustee of the escrow fee pursuant to section 38-37-104 (1) (d). Once each year during the month of April, upon notice from the county treasurer, the public trustee shall, to the extent funds are on deposit in the escrow account, transfer sufficient funds from the escrow account to the county treasurer for payment of property taxes on the real property for the prior taxable year. The public trustee shall continue as escrow agent for tax moneys collected on the real property until the deed to the real property is delivered to the purchaser and recorded. At the time of delivery, the public trustee shall release to the purchaser any moneys remaining in the escrow account and the receipts for all property taxes paid on the property by the public trustee. If the public trustee determines that the escrow is no longer necessary, the public trustee may terminate the escrow account. The public trustee shall notify the county treasurer of the termination and shall transfer any moneys held in escrow to the county treasurer for payment of property taxes in accordance with section 39-10-104.5, C.R.S. Any amount so transferred by the public trustee shall be subtracted from the amount of property tax payable on the real property at the time annual property taxes for the current or subsequent taxable years are due. Upon termination of the escrow account, any amount not accepted by the county treasurer upon transfer shall be returned by the public trustee to the person holding title to the real property that is the subject of the contract for deed to real property.
(b) For the purposes of this section, a contract for deed to real property means a contract for the sale of real property which provides that the purchaser shall assume possession of the real property and the rights and responsibilities of ownership of the real property but that the deed to such real property will not be delivered to the purchaser for at least one hundred eighty days following the latest execution date on the contract for deed to real property and not until the purchaser has met certain conditions such as payment of the full contract price or a specified portion thereof. Contract for deed to real property includes installment land contracts.
(c) The public trustee shall deposit tax moneys received pursuant to the provisions of paragraph (a) of this subsection (1) in an escrow account opened for such purpose in one or more financial institutions which are in compliance with and qualified and defined in article 10.5 of title 11, C.R.S. Moneys from more than one transaction may be commingled in one account, to be accounted for separately. If the escrow account opened by the public trustee under the provisions of this subsection (1) bears interest, such interest shall be retained by the public trustee to defray expenses arising from the administration of such escrow account.
(d) A public trustee may designate an alternate to act as escrow agent on any contract for deed to real property in which the public trustee is designated as escrow agent pursuant to the provisions of this section; except that such alternate shall not be a party to the contract for deed to real property. Such designation shall be made by sending written notification of such designation to the parties to such contract and to the county treasurer. Such notice shall include the name and legal address of the designated alternate and the date such designated alternate shall assume the duties of escrow agent. Such designated alternate shall have all of the duties and powers of the public trustee to act as escrow agent on a contract for deed to real property as stated in this section. In the event that the public trustee designates an alternate to serve as escrow agent, the purchaser shall pay to the designated alternate the escrow fee as stated in paragraph (a) of this subsection (1).
(2) Within ninety days of executing and delivering a contract for deed to real property, the seller shall file with the county treasurer of the county wherein the real property is located a written notice of transfer by contract for deed to real property. Such notice shall not operate to convey title. Such notice shall include the name and legal address of the seller, the name and legal address of the purchaser, a legal description of the real property, the date upon which the contract for deed to real property was executed and delivered, and the date or conditions upon which the deed to the real property will be delivered to the purchaser, absent default. In addition, within ninety days of executing and delivering the contract for deed to real property, the seller shall file a real estate transfer declaration with the county assessor of the county wherein the property is located, pursuant to the provisions of section 39-14-102, C.R.S.
(3) The buyer shall have the option of voiding any contract for deed to real property which fails to designate the public trustee as escrow agent for deposit of property tax moneys or for which no written notice is filed with the county treasurer's office or the county assessor's office. Upon voidance of such contract, the buyer shall be entitled to the return of all payments made on the contract, with statutory interest as defined in section 5-12-102, C.R.S., and reasonable attorney fees and costs. This avoidance right shall expire on the date seven years after the latest execution date on the contract for deed to real property unless exercised prior to such date.
(4) The provisions of subsections (1) and (3) of this section shall not apply to the parties to a contract for deed to real property so long as the seller complies with the requirements of subsection (2) of this section, so long as the real property which is the subject of such contract for deed to real property is not subdivided into parcels which are smaller than one acre, and so long as the seller pays the annual property tax obligations on the real property which is the subject of such contract for deed to real property or submits a bond or an irrevocable letter of credit in the amount of the taxes due on such real property to the county treasurer, either of which shall be immediately payable to such county treasurer upon default. Payment of such property taxes or submittal of such bond or irrevocable letter of credit shall be made within thirty days of mailing of the notice of taxes due from the county treasurer and prior to seeking reimbursement from the purchaser.
(5) Repealed.
Colorado Case Law
Woods v. Montecello Dev. Co., 656 P.2d 1324 (Colo.App. 1982); While equity abhors forfeiture, this equitable maxim applies only where the buyer has substantially performed his or her duties under the contract.
Haan v. Traylor, 79 P.3d 114; Colo. Rev. Stat. § 38-35-126(1)(a) (2002) requires in part parties entering into a contract for deed to real property designate the public trustee of the county wherein such real property is located to act as escrow agent for moneys paid or to be paid by the purchaser to meet the property tax obligations.