Seller's Property Disclosure (Residential) — Form SPD19, promulgated by the Colorado Real Estate Commission (Colorado Division of Real Estate / DORA). Companion forms exist for land (SPD19L) and commercial property (SPD19C). Updated versions of all three are in effect for use on and after January 1, 2026. — Colorado is NOT a pure "caveat emptor" state — it has genuine, statutory affirmative-disclosure obligations, primarily under C.R.S. Title 38, Article 35.7 ("Disclosures Required in Connection with Conveyances of Residential Real Property," §§38-35.7-101 through -112), plus common-law fraud/fraudulent concealment liability. However, the core structural/condition disclosures (foundation, roof, plumbing, HVAC, appliances, etc.) are driven by the Colorado Real Estate Commission's approved contract and disclosure forms and by the "actual knowledge" standard rather than by a single freestanding "must fill out this form" statute — use of the SPD form itself is standard industry practice tied to the Commission-approved Contract to Buy and Sell Real Estate, not literally mandated by a criminal statute for private (non-broker) sales. So the honest characterization: Colorado sits between caveat emptor and full mandatory disclosure — sellers cannot lawfully conceal known material defects (fraudulent concealment is actionable, and specific statutes force disclosure of certain items), but the duty is capped at the seller's "current actual knowledge," not what they "should have known," and there's no independent inspection duty.
Colorado requires sellers (in practice, via the Commission-approved contract and disclosure form, reinforced by specific statutes) to disclose known material defects and specified statutory items to buyers. The controlling standard on the form itself is the seller's "CURRENT ACTUAL KNOWLEDGE as of the date signed" — sellers are not liable for defects they merely "should have known" about, and "Don't Know" is an acceptable answer. Separately, Colorado common law makes fraudulent concealment of known material defects actionable regardless of whether a form was used. Specific statutes under C.R.S. §38-35.7 mandate disclosure of things like HOA/common-interest-community status, special taxing districts, methamphetamine manufacture history, potable water source, and (per two recent laws) radon test history/mitigation and mold health-hazard information. This is a genuine, real, currently-in-force set of legal obligations — not invented — but it is narrower than a "full disclosure" state: it hinges on actual subjective knowledge, not constructive knowledge or an inspection duty.
Two significant, verifiable 2025-2026 changes: (1) SB23-206, "Disclose Radon Information Residential Property," took effect August 7, 2023, and added mandatory radon test/mitigation disclosure to residential sale contracts and disclosure forms, with certain short-term-lease carve-outs phasing in January 1, 2026; and (2) HB25-1202, the Mold Awareness and Registration Act, passed in the 2025 session and effective January 1, 2026, requires sale contracts/disclosure forms to include mold health-hazard warning language and any known mold assessment/remediation history (also creates a state mold-provider registry via CDPHE). Separately, the Colorado Real Estate Commission issued a broad refresh of its Commission-approved contracts and forms — including new versions of SPD19 (Residential), SPD19L (Land), and SPD19C (Commercial) — for use on and after January 1, 2026, incorporating these statutory changes plus other revisions (redlines available from the Division of Real Estate). Note: form URLs and bill text were found via web search and could not be independently re-verified by direct page fetch in this session (several source sites blocked automated fetching), so exact page-by-page wording of the 2026 forms should be confirmed against the live PDFs at dre.colorado.gov before being treated as final legal text.
Facts on this page reflect research current as of 2026-07-05. Programs, rates, and laws change — confirm current figures with the relevant state agency before relying on them.