The Seville TeamBelinda Seville · Guide Real Estate(720) 597-8773

What Is a Colorado Seller's Property Disclosure and What Must Be Revealed?

What Is a Colorado Seller's Property Disclosure and What Must Be Revealed?

A Colorado seller's property disclosure is a standardized form, approved by the Colorado Real Estate Commission, where the seller tells the buyer what they actually know about the property's condition, from the roof and the well to radon and metro district taxes. Since January 1, 2026, the updated SPD19 version of the residential form has been mandatory, so if you last sold a house a few years ago, the paperwork looks a little different now. The key word is 'know.' Sellers aren't expected to inspect their own home like a stranger would, but they are expected to be honest about what they've seen, fixed, or been told. Out here in Elbert County and Douglas County, that often means wells, septic systems, water rights, outbuildings, and fences, not just the kitchen faucet. For buyers, the disclosure is a starting point for your own inspections. For sellers, it's your best protection against a dispute after closing.

Why does the disclosure matter more on acreage?

I get a lot of calls from folks who want to list a horse property before the next season turns, or buy one before they have to haul water through a winter they didn't plan for.

I've lived in Elbert County for 22 years and raised my kids here, and I can tell you: a five-acre place outside Elizabeth has a lot more moving parts than a townhome in the city. A house in town has plumbing. A horse property has a well, a septic system, a barn, maybe an arena, miles of fence, a hydrant that freezes if you look at it wrong, and water rights questions most metro buyers have never had to think about.

Every one of those parts is something a seller may know about and a buyer can't easily see on a showing. That's exactly what the disclosure is for.

The updated SPD19 form has been mandatory since January 1, 2026

The Colorado Real Estate Commission adopted the updated SPD19 Seller's Property Disclosure (Residential) form on August 5, 2025, and its use became mandatory on January 1, 2026, according to the Colorado Division of Real Estate.

What that means in practice: if you filled out a disclosure for a previous sale, or you have an old copy saved in a drawer, don't reuse it. Start fresh on the current form. I've seen sellers try to copy answers from their last sale, and it rarely goes well. Houses change, memories fade, and that 'new' roof from 2014 isn't new anymore.

Which disclosure form applies to your property?

The Division of Real Estate explains in its guide, Understanding the Seller's Property Disclosure Forms, that there are three versions:

  • Residential (SPD19): for homes, including acreage properties with a house on them
  • Land (SPD19L): for vacant land
  • Commercial (SPD19C): for commercial property

Most horse properties I list in Franktown, Kiowa, or Elbert have a house, so they generally use the residential form. If you're selling a bare 35-acre parcel east of Elizabeth, the land version is usually the one. When a property blurs the lines (a shop with living quarters, a boarding operation, an unfinished build), talk it through with your agent and, if needed, a real estate attorney before you start filling in boxes.

What goes on a Colorado seller's property disclosure?

The short version: the form walks through the property system by system and asks what you know. Here's how I break it down for my clients.

The house itself

The residential form covers the things you'd expect: roof, structure, foundation, appliances, electrical, heating and cooling, plumbing, drainage, and any past repairs. If the basement took on water during a spring storm three years ago and you fixed the grading, say so. A repaired problem, disclosed, usually reads as responsible ownership. A hidden one reads very differently when the buyer's inspector finds the water stains.

Water, wells, and septic

This is where rural properties earn their reputation. Be ready to share what you know about the well, its history, any water testing, the septic system, when it was last pumped, and any water rights that come with the land. If you're a buyer from the metro, this section deserves a slow, careful read. City water is somebody else's problem. Well water is yours.

Radon

Colorado law requires sellers to disclose information about radon, including the recommendation to have a radon test and anything the seller knows about current radon levels, past tests, and mitigation. That comes from Colo. Rev. Stat. § 38-35.7-112, as summarized in Nolo's guide, Selling a Colorado Home: What Are My Disclosure Obligations?. If you've got a mitigation fan humming in the basement, mention it and keep the paperwork handy.

Metropolitan districts

If the property sits within a metropolitan district organized on or after January 1, 2000, the seller must give the buyer the district's official website on the disclosure form or another writing delivered with it, under Colo. Rev. Stat. § 38-35.7-111. Since August 6, 2025, HB25-1219 also requires sellers of residential property in such a district to disclose, in writing, the district's authority to issue debt, levy taxes and impose fees; a dollar estimate of the district's property taxes for the year of sale; and a copy of the most current tax certificate or tax statement (C.R.S. 38-35.7-110, as amended by HB25-1219). This comes up constantly in Castle Rock and Parker.

Key Colorado disclosure dates and rules at a glance

Item Detail Source
SPD19 residential form adopted August 5, 2025 Colorado Division of Real Estate
SPD19 mandatory use date January 1, 2026 Colorado Division of Real Estate
Number of SPD form versions 3 (Residential, Land, Commercial) Colorado Division of Real Estate
Metro district website disclosure Districts organized on or after January 1, 2000 C.R.S. 38-35.7-111
Metro district tax and debt disclosures Required of sellers in a metro district organized on or after January 1, 2000, since August 6, 2025 (C.R.S. 38-35.7-110, as amended by HB25-1219) Colorado General Assembly; session law
Radon disclosure Colo. Rev. Stat. § 38-35.7-112 Nolo

Why do metro districts matter to buyers in Castle Rock and Parker?

Because they show up on your property tax bill. The Town of Castle Rock's Neighborhoods page explains that metropolitan districts are taxing entities, separate from the Town, mostly formed by developers to fund infrastructure and public improvements. Owners within the district pay property taxes that go toward paying down that debt.

None of that makes a metro district good or bad. Plenty of people happily live in them. But I always tell buyers comparing a newer subdivision in Castle Rock with an older acreage place near Sedalia or Larkspur to look past the list price and compare the full monthly picture. Visit the district website the seller provides, read it, and ask questions before your deadlines pass. Two homes at a similar price can carry very different annual tax bills.

What should buyers actually do with the disclosure?

Read it like it matters, because it does. Then use it as a to-do list, not a verdict.

Treat it as a starting point

The disclosure tells you what the seller knows. It doesn't tell you what the seller doesn't know. Your inspection, well testing, septic inspection, radon test, and survey fill in the rest. On horse property, I'd add a close look at fencing, barn structure, and drainage around the paddocks, especially after a wet spring.

Ask follow-up questions

If an answer says 'unknown' or feels vague, ask. 'Unknown' is sometimes perfectly honest (the seller bought the place three years ago and never touched the septic). Sometimes it just means nobody looked. Either way, it's a signal to dig in during your inspection period.

What happens if a seller leaves something out?

I'm not an attorney, and if you're in that situation, you should talk to one. What I can tell you from years in this business is that most disclosure disputes I've heard about didn't start with a bad person. They started with a seller who figured a problem was minor, or fixed, or not worth mentioning.

The buyer moves in, the issue resurfaces, and suddenly everyone's reading the disclosure with a highlighter. Leaving out something you knew about can expose a seller to claims after closing, and those are expensive and miserable for everyone involved.

My opinion? Over-disclosing is almost never the thing that kills a deal. Surprises do.

My honest advice for horse property sellers

Start gathering records now, before you list. Well reports, septic pumping receipts, radon test results, roof invoices, any survey you have, and the paperwork on water rights. Put it all in one folder (a real one or a digital one, I'm not picky).

Walk the property like a buyer would. That low spot where water pools by the run-in shed every April? That frost-free hydrant you've replaced twice? Write it down. You've stopped noticing these things because you live with them. A buyer from Denver will notice all of them.

And fill out the form yourself, carefully, in your own words. Your agent can explain what a question is asking, but the answers need to come from you.

If you're buying or selling acreage anywhere from Elizabeth to Castle Rock and want a second set of eyes on the disclosure, The Seville Team is happy to help. Give me a call and I'll go through it with you line by line.

Common questions

What is a seller's property disclosure in Colorado?
It's a standardized form approved by the Colorado Real Estate Commission where the seller describes what they know about the property's condition, including the structure, systems, water, septic, radon, and metro district status. The updated SPD19 residential version became mandatory on January 1, 2026. It reflects the seller's actual knowledge, so buyers should still get their own inspections and testing.
Do Colorado sellers have to disclose radon?
Yes. Under Colo. Rev. Stat. § 38-35.7-112, Colorado sellers must disclose information about radon, including the recommendation to have a radon test and anything they know about current radon levels, prior tests, and mitigation. If a mitigation system is already installed, sellers should mention it and have any related paperwork ready for buyers to review.
What do sellers have to disclose about metro districts in Colorado?
If a property is within a metropolitan district organized on or after January 1, 2000, the seller must give the buyer the district's official website under C.R.S. 38-35.7-111. Since August 6, 2025, C.R.S. 38-35.7-110, as amended by HB25-1219, also requires sellers of residential property in such a district to disclose the district's authority to issue debt and levy taxes and fees, a dollar estimate of its property taxes for the year of sale, and a copy of the current tax certificate or statement.
Which disclosure form do I use for vacant land in Colorado?
The Colorado Division of Real Estate offers three versions of the Seller's Property Disclosure: Residential (SPD19), Land (SPD19L), and Commercial (SPD19C). Vacant land generally uses the SPD19L form, while acreage or horse property with a house generally uses the residential SPD19. For unusual properties, check with your agent or a real estate attorney before filling it out.
Can I reuse my old disclosure form from a previous sale?
No. The Colorado Real Estate Commission adopted an updated SPD19 residential form on August 5, 2025, and its use became mandatory on January 1, 2026. Older versions shouldn't be used. Even beyond the form change, your property's condition and repair history have likely changed since your last sale, so start fresh and answer every question based on what you know today.

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Colorado Seller's Property Disclosure Explained