Colorado § 38-35.5-101 - Circumstances psychologically impacting real property - no duty for broker or salesperson to disclose.

§ 38-35.5-101. Circumstances psychologically impacting real property - no duty for broker or salesperson to disclose.

(1) Facts or suspicions regarding circumstances occurring on a parcel of property which could psychologically impact or stigmatize such property are not material facts subject to a disclosure requirement in a real estate transaction. Such facts or suspicions include, but are not limited to, the following:

(a) That an occupant of real property is, or was at any time suspected to be, infected or has been infected with human immunodeficiency virus (HIV) or diagnosed with acquired immune deficiency syndrome (AIDS), or any other disease which has been determined by medical evidence to be highly unlikely to be transmitted through the occupancy of a dwelling place; or

(b) That the property was the site of a homicide or other felony or of a suicide.

(2) No cause of action shall arise against a real estate broker or salesperson for failing to disclose such circumstance occurring on the property which might psychologically impact or stigmatize such property.

Source: L. 91: Entire article added, p. 1636, § 20, effective July 1.

ANNOTATION

Law reviews. For article, "Disclosure of Adverse Material Facts and Latent Defects in Real Estate Transactions", see 53 Colo. Law. 40 (July-Aug. 2024).

38-35.7 ARTICLE 35.7

Disclosures Required in Connection with Conveyances of Residential Real Property

38-35.7-101. Disclosure - special taxing districts - general obligation indebtedness.

38-35.7-102. Disclosure - common interest community - obligation to pay assessments - requirement for architectural approval.

38-35.7-103. Disclosure - methamphetamine laboratory.

38-35.7-104. Disclosure of potable water source - rules.

38-35.7-105. Disclosure of transportation projects - rules.

38-35.7-106. Solar prewire option - solar consultation.

38-35.7-107. Water-smart homes option.

38-35.7-108. Disclosure of oil and gas activity - rules.

38-35.7-109. Electric vehicle charging and heating systems - options - definitions.

38-35.7-110. Disclosure - estimated future property taxes for residences within the boundaries of a metropolitan district - rules - definition.

38-35.7-111. Disclosure - metropolitan district website - residences within the boundaries of a metropolitan district.

38-35.7-112. Disclosure - elevated radon - rules - definition.