Broker Relationships Disclosure - Sale by Owner: This is an official Colorado Real Estate Commission form that complies with all applicable Colorado codes and statutes. USLF amends and updates all Colorado forms as is required by Colorado statutes and law.
Colorado Broker Relationships Disclosure - Sale by Owner
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FAQ
If a seller fails to disclose, or actively conceals, problems that affect the value of the property; they are violating the law, and may be subject to a lawsuit for recovery of damages based on claims of fraud and deceit, misrepresentation and/or breach of contract.
If you are selling a home, you are required to disclose only facts actually known to you. In other words, you are not required to disclose facts about the property that you should have known, nor are you required to commission any inspections of your property in advance of filling out the form.
In general, if the defect existed before you bought the home and the seller failed to disclose the defect, and you incurred monetary damages as a result, you can sue the seller or another party for breach of contract. A successful lawsuit could result in payment for the cost of repairs.
Colorado's Disclosure Laws. Colorado state statutes require that sellers of residential property disclose the following to buyers: That the property might be in a special taxing district, and where the buyer can go to find out whether the property is, in fact, within such a district.
Real Estate Transfer Disclosure StatementThe seller and any broker(s)/agent(s) involved are to participate in the disclosures. If more than one broker/agent is involved, the broker/agent obtaining the offer is to deliver the disclosures to the prospective buyer unless the seller instructs otherwise.
Seller's agents, commonly called "listing brokers" or "listing agents", are contracted by owners to assist with marketing property for sale or lease. Buyer's agents are brokers or salespersons who assist buyers by helping them purchase property. Dual agents help both the buyer and the seller in the same transaction.
If your seller simply will not fill out the form after you advise them of the requirement to do so, you can have them mark refused on the form, and then provide that to the buyer.
If you're new to the real estate world, you may be wondering how the relationship between a broker and a buyer or a seller works. The Brokerage Relationship Disclosure Form delineates the types of representation available to you, the consumer, whether you are a buyer or a seller.
A: Some states require just about all sellers to provide a seller disclosure form to a buyer, but in some cases, a seller is not required to deliver the disclosure. For example, if the seller's home is part of an estate or a foreclosure sale by a sheriff or court, a seller disclosure form may not be required.