Fillable Colorado Sellers Residential Property Disclosure

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Colorado Sellers Residential Property Disclosure

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SPD19-6-17. SELLER’S PROPERTY DISCLOSURE (RESIDENTIAL) Page 1 of 8
The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission.
(SPD19-6-17) (Mandatory 1-18)
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER
COUNSEL BEFORE SIGNING.
SELLER’S PROPERTY DISCLOSURE
(RESIDENTIAL)
THIS DISCLOSURE SHOULD BE COMPLETED BY SELLER, NOT BY BROKER.
Seller states that the information contained in this Disclosure is correct to Seller’s CURRENT ACTUAL KNOWLEDGE as of this
Date. Any changes must be disclosed by Seller to Buyer promptly after discovery. Seller's failure to disclose a known material
defect may result in legal liability. If Seller has knowledge of an adverse material fact affecting the Property or occupants, it must be
disclosed whether there is a specific item on this Disclosure or not. If the Property is part of a Common Interest Community, this
Disclosure is limited to the Property or unit itself, except as stated in Section O. Broker may deliver a copy of this Disclosure to
prospective buyers.
Note: The Contract to Buy and Sell Real Estate, not this Disclosure, determines whether an item is included or excluded; if there is
an inconsistency between this Disclosure and the Contract, the Contract controls.
Date:
Property Address:
Seller:
Year Built:
I. IMPROVEMENTS
A.
STRUCTURAL CONDITIONS
If you know of any of the following problems EVER
EXISTING check the “Yes” column:
Yes
Comments
1
Structural problems
2
Moisture and/or water problems
3
Damage due to termites, other insects, birds, animals or
rodents
4
Damage due to hail, wind, fire, flood or other casualty
5
Cracks, heaving or settling problems
6
Exterior wall or window problems
7
Exterior Artificial Stucco (EIFS)
8
9
B.
ROOF If you know of any of the following problems
EVER EXISTING check the “Yes” column:
Yes
Comments
1
Roof leak
2
Damage to roof
3
Skylight problems
4
Gutter or downspout problems
5
Other roof problems
6
7
SPD19-6-17. SELLER’S PROPERTY DISCLOSURE (RESIDENTIAL) Page 2 of 8
B-1.
ROOF – Other Information
Do you know of the following on the Property:
Yes
Comments
1
Roof under warranty until
Transferable
2
Roof work done while under current roof warranty
3
Roof material: Age
4
5
C.
APPLIANCES
If you know of any problems NOW EXISTING with
the following check the “Yes” column:
Yes
Age If
Known
Comments
1
Built-in vacuum system & accessories
2
Clothes dryer
3
Clothes washer
4
Dishwasher
5
Disposal
6
Freezer
7
Gas grill
8
Hood
9
Microwave oven
10
Oven
11
Range
12
Refrigerator
13
T.V. antenna: Owned Leased
14
Satellite system or DSS dish: Owned Leased
15
Trash compactor
16
17
D.
ELECTRICAL & TELECOMMUNICATIONS
If you know of any problems NOW EXISTING with
the following check the “Yes” column:
Yes
Age If
Known
Comments
1
Security system: Owned Leased
2
Smoke/fire detectors: Battery Hardwire
3
Carbon Monoxide Alarm: Battery Hardwire
4
Light fixtures
5
Switches & outlets
6
Electrical Service
7
Telecommunications (T1, fiber, cable, satellite)
8
Inside telephone wiring & blocks/jacks
9
Ceiling fans
10
Garage door opener and remote control
11
Intercom/doorbell
12
In-wall speakers
13
14
SPD19-6-17. SELLER’S PROPERTY DISCLOSURE (RESIDENTIAL) Page 3 of 8
D-1.
ELECTRICAL & TELECOMMUNICATIONS –
Other Information:
Do you know of the following on the Property:
Yes
Age If
Known
Comments
1
220 volt service
2
Landscape lighting
3
Aluminum wiring at the outlets (110)
4
Electrical Service: Amps ______________
5
Garage door control(s) #_______________
6
7
E.
MECHANICAL
If you know of any problems NOW EXISTING with
the following check the “Yes” column:
Yes
Age If
Known
Comments
1
Overhead doors (including garage doors)
2
Entry gate system
3
Elevator
4
5
F.
VENTILATION, AIR, HEAT
If you know of any problems NOW EXISTING with
the following check the “Yes” column:
Yes
Age If
Known
Comments
1
Heating system
2
Air conditioning:
Evaporative cooler
Window units
Central
3
Attic/whole house fan
4
Vent fans
5
Humidifier
6
Air purifier
7
Fireplace
8
Fireplace insert
9
Heating Stove
10
Fuel tanks
11
12
F-1.
VENTILATION, AIR, HEAT – Other Information:
Do you know of the following on the Property:
Comments
1
Heating system (including furnace):
Type _______________ Fuel _______________
Type _______________ Fuel _______________
2
Fireplace: Type _______________
Fuel _______________
3
Fireplace insert
4
Heating Stove: Type _______________
Fuel _______________
SPD19-6-17. SELLER’S PROPERTY DISCLOSURE (RESIDENTIAL) Page 4 of 8
5
When was fireplace/wood stove, chimney/flue last
cleaned: Date: _______________ Do not know
6
Fuel tanks: Owned Leased
7
Radiant heating system: Interior Exterior
Type _______________
8
9
G.
WATER
If you know of any problems NOW EXISTING with
the following check the “Yes” column:
Yes
Comments
1
Water system (including lines and water pressure)
2
Water heater(s)
3
Water filter system
4
Water softener
5
Well
6
Water system pump
7
Sauna
8
Hot tub or spa
9
Steam room/shower
10
Pool
11
Underground sprinkler system
12
Fire sprinkler system
13
Backflow prevention device
14
Irrigation system
15
Irrigation pump
16
17
G-1.
WATER – Other Information:
Do you know of the following on the Property:
Yes
Age If
Known
Comments
1
Water heater: Number of _______________
Fuel type _______________ Capacity _____________
2
Water filter system: Owned Leased
3
Water softener: Owned Leased
4
Well metered
5
Well – Date of last inspection _______________
6
Galvanized pipe
7
Polybutylene pipe
8
9
H.
SOURCE OF WATER & WATER SUPPLY
Do you know of the following on the Property:
1
Type of water supply: Public Community Well Shared Well Cistern None
If the Property is served by a Well, a copy of the Well Permit Is Is Not attached. Well Permit #:
Drilling Records Are Are Not attached. Shared Well Agreement Yes No.
SPD19-6-17. SELLER’S PROPERTY DISCLOSURE (RESIDENTIAL) Page 5 of 8
The Water Provider for the Property can be contacted at:
Name: Address:
Web Site: Phone No.:
There is neither a Well nor a Water Provider for the Property. The source of potable water for the Property is [describe source]:
SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND WATER. YOU MAY
WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE) TO DETERMINE THE
LONG-TERM SUFFICIENCY OF THE PROVIDER’S WATER SUPPLIES.
I.
SEWER
If you know of any problems NOW EXISTING with
the following check the “Yes” column:
Yes
Comments
1
Sewage system (including sewer lines)
2
Lift station (sewage ejector pump)
3
Sump pump(s) # of __________
4
Gray water storage/use
5
I-1.
SEWER – Other Information:
Do you know of the following on the Property:
1
Type of sanitary sewer service: Public Community Septic System None Other
If the Property is served by an on-site septic system, provide buyer with a copy of the permit.
Type of septic system: Tank Leach Lagoon
2
If a septic system, date latest Individual Use Permit issued:_______________________________________________________________
3
If a septic system, date of latest Inspection: ___________________________________________________________________________
4
If a septic system, date of latest Pumping: ____________________________________________________________________________
5
6
J.
FLOODING AND DRAINAGE
If you know of any problems EVER EXISTING with
the following on the Property check the “Yes” column:
Yes
Comments
1
Flooding or drainage
2
J-1.
DRAINAGE AND RETENTION PONDS – Other
Information
Do you know of the following on the Property:
Yes
Comments
1
Drainage, retention ponds
2
K.
OTHER DISCLOSURES – IMPROVEMENTS
If you know of any problems NOW EXISTING with
the following check the “Yes” column:
Yes
Comments
1
Included fixtures and equipment
2
Stains on carpet
3
Floors and sub-floors
4
5
SPD19-6-17. SELLER’S PROPERTY DISCLOSURE (RESIDENTIAL) Page 6 of 8
II. GENERAL
L.
USE, ZONING & LEGAL ISSUES
If you know of any of the following EVER EXISTING
check the “Yes” column:
Yes
Comments
1
Zoning violation, variance, conditional use, violation of an
enforceable PUD or non-conforming use
2
Notice or threat of condemnation proceedings
3
Notice of any adverse conditions from any governmental or
quasi-governmental agency that have not been resolved
4
Notice of zoning action related to the Property
5
Building code, city or county violations
6
Violation of restrictive covenants or owners’ association
rules or regulations
7
Any building or improvements constructed within the past
one year from this Date without approval by the owne r’s
association or its designated approving body
8
Any additions or alterations made
9
Other legal action
10
11
M.
ACCESS & PARKING If you know of any of the
following EVER EXISTING check the “Yes” column:
Yes
Comments
1
Any access problems
2
Roads, trails, paths or driveways through the Property used
by others
3
Public highway or county road bordering the Property
4
Any proposed or existing transportation project that affects
or is expected to affect the Property
5
Encroachments, boundary disputes or unrecorded easements
6
Shared or common areas with adjoining properties
7
Requirements for curb, gravel/paving, landscaping
8
9
N.
ENVIRONMENTAL CONDITIONS If you know of any
of the following EVER EXISTING on any part of the
Property check the “Yes” column:
Yes
Comments
1
Hazardous materials on the Property, such as radioactive,
toxic, or biohazardous materials, asbestos, pesticides,
herbicides, wastewater sludge, radon, methane, mill tailings,
solvents or petroleum products
2
Underground storage tanks
3
Aboveground storage tanks
4
Underground transmission lines
5
Animals kept in the residence
6
Property used as, situated on, or adjoining a dump, land fill
or municipal solid waste land fill
SPD19-6-17. SELLER’S PROPERTY DISCLOSURE (RESIDENTIAL) Page 7 of 8
7
Monitoring wells or test equipment
8
Sliding, settling, upheaval, movement or instability of earth
or expansive soils on the Property
9
Mine shafts, tunnels or abandoned wells on the Property
10
Within governmentally designated geological hazard or
sensitive area
11
Within governmentally designated flood plain or wetland
area
12
Dead, diseased or infested trees or shrubs
13
Environmental assessments, studies or reports done
involving the physical condition of the Property
14
Used for any mining, graveling, or other natural resource
extraction operations such as oil and gas wells
15
Tobacco smoke in interior of improvements of Property
16
Other environmental problems
17
18
O.
COMMON INTEREST COMMUNITY –
ASSOCIATION PROPERTY
If you know of any of the following NOW EXISTING
check the “Yes” column:
Yes
Comments
1
Property is part of an owners’ association
2
Special assessments or increases in regular assessments
approved by owners’ association but not yet implemented
3
Has the Association made demand or commenced a lawsuit
against a builder or contractor alleging defective
construction of improvements of the Association Property
(common area or property owned or controlled by the
Association but outside the Seller’s Property or unit)
4
Problems or defects in the Common Elements or Limited
Common Elements of the Association Property
5
6
P.
OTHER DISCLOSURES – GENERAL
If you know of any of the following NOW EXISTING
check the “Yes” column:
Yes
Comments
1
Any part of the Property leased to others (written or oral)
2
Written reports of any building, site, roofing, soils or
engineering investigations or studies of the Property
3
Any property insurance claim submitted (whether paid or not)
4
Structural, architectural and engineering plans and/or
specifications for any existing improvements
5
Property was previously used as a methamphetamine
laboratory and not remediated to state standards
6
Government special improvements approved, but not yet
installed, that may become a lien against the Property
7
Pending: (1) litigation or (2) other dispute resolution
proceeding regarding the Property
8
9
SPD19-6-17. SELLER’S PROPERTY DISCLOSURE (RESIDENTIAL) Page 8 of 8
Seller and Buyer understand that the real estate brokers do not warrant or guarantee the above information on the Property. Property
inspection services may be purchased and are advisable. This Disclosure is not intended as a substitute for an inspection of the
Property.
ADVISORY TO SELLER:
Seller acknowledges that Broker will disclose to any prospective buyer all adverse material facts actually known by Broker, including but
not limited to adverse material facts pertaining to the physical condition of the Property, any material defects in the Property, and any
environmental hazards affecting the Property. These types of disclosures may include such matters as structural defects, soil conditions,
violations of health, zoning or building laws, and nonconforming uses and zoning variances.
The information contained in this Disclosure has been furnished by Seller, who certifies it was answered truthfully, based on Seller’s
CURRENT ACTUAL KNOWLEDGE.
Seller
Date
Seller
Date
ADVISORY TO BUYER:
1. Even though Seller has answered the above questions to Seller’s current actual knowledge, Buyer should thoroughly inspect the
Property and obtain expert assistance to accurately and fully evaluate the Property to confirm the status of the following matters:
a. the physical condition of the Property;
b. the presence of mold or other biological hazards;
c. the presence of rodents, insects and vermin including termites;
d. the legal use of the Property and legal access to the Property;
e. the availability and source of water, sewer, and utilities;
f. the environmental and geological condition of the Property;
g. the presence of noxious weeds; and
h. any other matters that may affect Buyer’s use and ownership of the Property that are important to Buyer as Buyer decides
whether to purchase the Property.
2. Seller states that the information is correct to “Seller’s current actual knowledge” as of the date of this form. The term “current
actual knowledge” is intended to limit Seller’s disclosure only to facts actually known by the Seller and does not include “constructive
knowledge” or “common knowledge” or what Seller “should have known” about the Property. The Seller has no duty to inspect the
Property when this Disclosure is filled in and signed.
3. Valuable information may be obtained from various local/state/federal agencies, and other experts may assist Buyer by
performing more specific evaluations and inspections of the Property.
4. Boundaries, location and ownership of fences, driveways, hedges, and similar features of the Property may become the subjects
of a dispute between a property owner and a neighbor. A survey may be used to determine the likelihood of such problems.
5. Whether any item is included or excluded is determined by the contract between Buyer and Seller and not this Seller’s Property
Disclosure.
6. Seller does not warrant that the Property is fit for Buyer’s intended purposes or use of the Property. Disclosure of the condition
of an item is not to be construed as a warranty of its continued operability or as a representation or warranty that such item is fit for
Buyer’s intended purposes.
7. Buyer receipts for a copy of this Disclosure.
Buyer
Date
Buyer
Date
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Colorado Sellers Residential Property Disclosure

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Completed 18 July 2020

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