Colorado § 38-10-121 - Purchaser with notice of fraud.
Full text of Colorado Colorado Revised Statutes § 38-10-121 — Purchaser with notice of fraud., with citation guidance and answers to common questions.
§ 38-10-121. Purchaser with notice of fraud.
The provisions of this article shall not be construed in any manner to affect or impair the title of a purchaser for a valuable consideration, unless it appears that such purchaser had previous notice of the fraudulent intent of his immediate grantor or of the fraud rendering void the title of such grantor.
Source: R.S. p. 340, § 21. G.L. § 1271. G.S. § 1530. R.S. 08: § 2675. C.L. § 5120. CSA: C. 71, § 21. CRS 53: § 59-1-21. C.R.S. 1963: § 59-1-21.
ANNOTATION
Subsequent purchaser takes subject to prior vendee's rights. Under this section and § 38-10-114 where a sale of chattels is completed as between the parties thereto, but the possession temporarily remains with the vendor, a subsequent purchaser who has knowledge of the prior transaction takes subject to the rights of the prior vendee. McKee v. Bassick Mining Co., 8 Colo. 392, 8 P. 561 (1885).
The fact that consideration is given for the transfer constitutes no defense if the transferee has previous notice of the transferor's intent. Yetter Well Serv., Inc. v. Cimarron Oil Company, Inc., 841 P.2d 1068 (Colo. App. 1992).
Applied in Burdsall v. Waggoner, 4 Colo. 256 (1878); Welsh v. Noyes, 10 Colo. 133, 14 P. 317 (1887).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 38-10-121
What does Colorado Revised Statutes § 38-10-121 cover?
Section 38-10-121 ("Purchaser with notice of fraud.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 38-10-121?
A common citation format is "Colorado Revised Statutes § 38-10-121" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 38-10-121 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.