This article is intended for educational purposes only and not as legal advice.
The Colorado Contract to Buy and Sell Real Estate which is mandatory for use by licensed real estate agents is typically modified every two years; however, if there is a change in the law through a statute, regulation or case, the contract is immediately modified to comport with the change in the law. On March 7, 2019, House Bill 19-1098 was signed and passed which affects paragraph 13 of the contract. Hence, the new contract that became mandatory 1/1/19 has been modified and is available for use now and mandatory 7/1/19. There are new closing instructions for use by licensed agents also mandatory 7/1/19.
House Bill 19-1098 deals with deeds to real property and amends C.R.S. 38-30-113 regarding deeds. In a nutshell, HB 19-1098 implies specific warranties in certain deeds without the necessity of enumerating them individually and implies many exceptions previously enumerated. For instance, the words “warrants the title” in a warranty deed automatically now includes specific warranties that previously were typically individually listed. Further, certain exceptions such as the current and future year’s property taxes; anything that would have been disclosed by an improvement survey plat and all matters of record in the county where the property resides are now all automatically included as exceptions to the deed merely by inserting the words “subject to statutory exceptions” (defined at §38-30-113(5)(a), C.R.S.) in the transfer of title paragraph.
In fact, title companies now are not allowed to insert anything other than “subject to statutory exceptions” in the exception paragraph of deeds they prepare unless the title company is instructed in writing by both the grantor and the grantee or their authorized agent.
HB-19-1098 affects just one provision of the Colorado real estate contract mandatory for use by licensees: paragraph 13, Transfer of Title. This paragraph has been shortened significantly now that “subject to statutory exceptions” language is referenced in lieu of many previously listed deed exceptions. It’s much shorter now and basically just requires the buyer to select the deed type. A redacted version of the new paragraph 13 and discussion of this new contract change necessitated by HB 19-1098 can be found at https://www.colorado.gov/pacific/dora/division-real-estate-contracts-and-forms?utm_medium=email&utm_source=govdelivery. A link to the new contract and a redline version showing what was changed can be found near the bottom of the page.
Visit www.cherrycreektitle.com to view numerous articles I’ve written primarily on real estate legal topics (most specific to Colorado) and many are available in video form by visiting the Cherry Creek Title Services YouTube channel.