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

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

(1) A buyer of residential real property has the right to be informed of whether the property has been tested for elevated levels of radon.

(2) (a) Each contract of sale for residential real property must contain the following disclosure in bold-faced type that is clearly legible in substantially the same form as is specified as follows:

The Colorado Department of Public Health and Environment strongly recommends that ALL home buyers have an indoor radon test performed before purchasing residential real property and recommends having the radon levels mitigated if elevated radon concentrations are found. Elevated radon concentrations can be reduced by a radon mitigation professional.

Residential real property may present exposure to dangerous levels of indoor radon gas that may place the occupants at risk of developing radon-induced lung cancer. Radon, a Class A human carcinogen, is the leading cause of lung cancer in nonsmokers and the second leading cause of lung cancer overall. The seller of residential real property is required to provide the buyer with any known information on radon test results of the residential real property.

(b) Each contract of sale for residential real property or seller's property disclosure for residential real property must contain the following disclosures:

(I) Any knowledge the seller has of the residential real property's radon concentrations, including the following information:

(A) Whether a radon test or tests have been conducted on the residential real property;

(B) The most recent records and reports pertaining to radon concentrations within the residential real property;

(C) A description of any radon concentrations detected or mitigation or remediation performed; and

(D) Information regarding whether a radon mitigation system has been installed in the residential real property; and

(II) An electronic or paper copy of the most recent brochure published by the department of public health and environment in accordance with section 25-11-114 (2)(a) that provides advice about radon in real estate transactions.

(c) The real estate commission shall promulgate rules requiring:

(I) Each contract that is for the purchase and sale of residential real property and that is subject to the real estate commission's jurisdiction to include the statement described in subsection (2)(a) of this section in bold-faced type that is clearly legible in substantially the same form as described in subsection (2)(a) of this section; and

(II) Each contract for sale or seller's property disclosure for residential real property to include the disclosures described in subsection (2)(b) of this section, including rules that specify the format and manner for delivery of the brochure.

(3) As used in this section:

(a) "Real estate commission" means the real estate commission created in section 12-10-206.

(b) "Residential real property" includes:

(I) A single-family home, manufactured home, mobile home, condominium, apartment, townhome, or duplex; or

(II) A home sold by the owner, a financial institution, or the United States department of housing and urban development.

Source: L. 2023: Entire section added, (SB 23-206), ch. 356, p. 2135, § 2, effective August 7.

Cross references: For the legislative declaration in SB 23-206, see section 1 of chapter 356, Session Laws of Colorado 2023.

ARTICLE 36

Torrens Title Registration Act

PART 1

TORRENS TITLE REGISTRATION

38-36-101. Application to register title - by whom made.

38-36-102. Lesser estates - when registered.

38-36-103. When tax title may be registered.

38-36-104. Contents of application.

38-36-105. What lands may be joined in one application.

38-36-106. Amendment of application.

38-36-107. Form of application.

38-36-108. Application made to district court - powers of court.

38-36-109. Registrars of titles - rules.

38-36-110. Bond of registrar.

38-36-111. Duties of deputy registrar - vacancies.

38-36-112. Registrar not to practice law - neglect of duty.

38-36-113. Examiner of titles - compensation - oath or affirmation - bond.

38-36-114. Nonresident applicant to appoint process agent.

38-36-115. Filing and service of application - land registration docket.

38-36-116. Abstract of title filed with application.

38-36-117. Copy of application filed with county clerk and recorder - lis pendens.

38-36-118. Examination of application and abstract - report of examiner.

38-36-119. Issuance of summons.

38-36-120. Parties plaintiff and defendant - unknown claimants.

38-36-121. Contents of summons - service.

38-36-122. Clerk to mail copy of summons and other notices.

38-36-123. Form of summons.

38-36-124. When guardian ad litem appointed - compensation.

38-36-125. Who may answer - contents of answer.

38-36-126. Decree, when no answer filed - binds unknown claimants.

38-36-127. Cause set for trial - default - referee appointed.

38-36-128. Court may order further proof.

38-36-129. Title not proper for registration dismissed - applicant may dismiss.

38-36-130. Decree of confirmation - effect - appeal.

38-36-131. When decree may be opened.

38-36-132. Action to recover land - limitation.

38-36-133. Certificate of title insures freedom from encumbrance - exceptions.

38-36-134. Contents of decree - certified copy filed.

38-36-135. Party acquiring interest after application filed made defendant.

38-36-136. Registered land to remain under this article unless removed from registration.

38-36-137. No title by prescription or adverse possession.

38-36-138. Title to be registered - register of titles.

38-36-139. Contents and form of certificate of registration.

38-36-140. Owner's duplicate certificate of ownership - signature of owner.

38-36-141. Two or more owners.

38-36-142. Subsequent certificates.

38-36-143. Exchange of certificates - platting land.

38-36-144. When certificate takes effect.

38-36-145. Certificates in evidence - variance.

38-36-146. Indexes kept by registrar - adoption of forms.

38-36-147. Tract and alphabetical indexes kept by registrar.

38-36-148. Registered land may be conveyed or encumbered.

38-36-149. Effect of recording instruments.

38-36-150. Records - open to inspection.

38-36-151. Duplicates - certified copies.

38-36-152. Title not divested - interests less than freehold.

38-36-153. When owner's certificate must be presented - effect of presentation.

38-36-154. Certified copy of owner's duplicate certificates.

38-36-155. Mode of conveying registered land.

38-36-156. Certificate that taxes have been paid.

38-36-157. Registered land subject to same laws as unregistered land.

38-36-158. Powers of attorney.

38-36-159. Encumbrances must be registered.

38-36-160. Trust deed deemed a mortgage - how registered.

38-36-161. Assignment, cancellation, and release of mortgage.

38-36-162. Foreclosure of mortgage.

38-36-163. Registration of final decree - new certificate issued.

38-36-164. Title acquired by action registered - when certificate issues.

38-36-165. Petition to court for new certificate.

38-36-166. Registration of leases.

38-36-167. How transfer in trust registered.

38-36-168. New trustee - new certificate.

38-36-169. Trustee may apply for registration of land.

38-36-170. Certificate of title number on all filings and registrations.

38-36-171. How attachments, liens, and other rights enforced.

38-36-172. Name and address of plaintiff's attorney.

38-36-173. When judgment becomes a lien.

38-36-174. Title acquired by execution - new certificate issued.

38-36-175. Action disposed of - memorial canceled.

38-36-176. Petition and order for new certificate after redemption period.

38-36-177. When certificate will issue to heir or devisee.

38-36-178. Sale or mortgage of lands in probate.

38-36-179. Trustees to file copy of authority - effect.

38-36-180. Eminent domain - fees - reversion.

38-36-181. Issuance of new certificate - amendment of duplicates.

38-36-182. Court may refer application to examiner of titles.

38-36-183. Examiner of titles to advise registrar - other powers.

38-36-184. Requirements of instruments filed for registration.

38-36-185. Adverse claim - filed - hearing - costs.

38-36-186. Fees paid registrar upon registration - disposition.

38-36-187. Indemnity for loss due to mistake or misfeasance.

38-36-188. Defendants to indemnity suit - judgment - how collected.

38-36-189. When assurance fund not liable - maximum judgment.

38-36-190. Action must be brought within six years - exception.

38-36-191. Alteration of certificate only on order of court.

38-36-192. Theft of certificate.

38-36-193. Perjury.

38-36-194. Fraudulently procuring certificate a felony.

38-36-195. Forging seal or signature a felony.

38-36-196. Remedy against one criminally liable not affected.

38-36-197. Docket fees - expenses of publication.

38-36-198. Fees to be paid registrar - application of fees.

38-36-199. Article liberally construed.

PART 2

TORRENS CONCLUSION

38-36-201. Short title.

38-36-202. Definitions.

38-36-203. Registration - adverse instruments.

38-36-204. Registration - conveyance instruments - recording.

38-36-205. Certificate of title - recording - notice.

38-36-206. Recording fees - waived.

38-36-207. New chain of record.

38-36-208. Effect of recording.

38-36-209. Rights.

38-36-210. Voluntary withdrawals.

38-36-211. Maintenance of records.

PART 1

TORRENS TITLE REGISTRATION