What Do You Have to Disclose When Selling a House in Colorado?
Colorado sellers must complete a Colorado Seller’s Property Disclosure form and reveal every material defect they actually know about — including issues they’ve already repaired. As of a 2023 law change, that now includes specific radon test records and mitigation history. Sellers must also disclose their water source, septic details, HOA membership, and known structural or environmental problems. Leaving something off the form because it’s “already fixed” is one of the fastest ways to end up in a lawsuit after closing.
Every seller asks me some version of the same question right before we list: “Do I actually have to put that on the disclosure?”
The honest answer is almost always yes. The Colorado Seller’s Property Disclosure isn’t a formality you rush through at the title company’s office — it’s the single document most likely to determine whether your closing stays clean or turns into a legal headache eighteen months later. Nationally, around 77% of real estate lawsuits trace back to disclosure disputes. I’d rather walk you through it now than have you learn that statistic the hard way.
This is one of the most common questions I get from sellers across Greeley, Windsor, Evans, and the rest of Weld County — especially from people selling acreage or older homes where well water, septic systems, and past repairs are part of the property’s history.
What Is the Colorado Seller’s Property Disclosure Form?
The Colorado Real Estate Commission has an approved form for this: the Seller’s Property Disclosure (Residential). It’s separate from your listing agreement and separate from your contract to buy and sell.
The rule that trips people up isn’t about the form’s length — it’s about the standard. Colorado requires you to disclose all adverse material facts you actually know, whether or not the form specifically asks about them. That means:
- If you know about it, you disclose it — even if a line item on the form doesn’t mention it directly.
- Fixing a problem doesn’t erase the disclosure obligation. If your basement flooded in 2021 and you repaired it in 2022, you still disclose the flood.
- “I didn’t think it mattered anymore” is not a legal defense.
I tell every seller the same thing: fill this out like the buyer’s inspector is going to find it anyway, because in Northern Colorado, they usually do.
What You Must Disclose on a Colorado Seller’s Property Disclosure
Here’s what actually shows up on the Colorado Seller’s Property Disclosure form, and where Greeley and Weld County sellers get caught off guard most often:
Structural and mechanical issues Roof leaks, foundation cracks, electrical problems, plumbing issues, and HVAC malfunctions — current or past, repaired or not.
Water source and septic systems This one matters more here than in most markets. A large share of homes outside city limits in Weld County — think Severance, Eaton, and unincorporated areas around Greeley and Windsor — run on well water and septic rather than municipal service. You’re required to disclose your potable water source, your septic system type, and the dates of your last permit, inspection, and pumping. If you’re not sure when your septic was last pumped, find out before you list, not after an inspector asks.
Radon test results and mitigation history This is the part of the Colorado Seller’s Property Disclosure that changed most recently. A 2023 update to Colorado law now requires sellers to disclose any radon test results, mitigation or remediation performed, and whether a radon mitigation system is installed — even if a past test came back under the safety threshold. Colorado’s Front Range sits in a higher-radon region, so this question comes up constantly during our home inspections.
Environmental hazards Asbestos, lead-based paint (required for any home built before 1978), mold, pest infestations, and hazardous materials all need to be disclosed if you know about them.
HOA and special taxing districts Whether the property is part of an HOA, a metro district, or another special taxing district — increasingly relevant as new construction communities have expanded across Windsor, Severance, and Timnath.
Why the New Radon Disclosure Rule Matters for Greeley Sellers
Before 2023, radon disclosure in Colorado was murkier — sellers disclosed known issues, but the specifics of what counted as “known” weren’t spelled out. The updated law requires you to disclose the actual test records and concentrations, not just a general acknowledgment that testing happened.
If you tested years ago and don’t remember the number, dig up the report before you sign anything. If you never tested, that’s worth doing before you list — not because it’s required, but because an unknown is worse than a documented, mitigated result. Buyers in this market are educated, and their agents know to ask.
What Happens If You Don’t Disclose Something
Skipping a known issue doesn’t make it disappear — it just moves the conversation from “before closing” to “after closing, with a lawyer involved.” If a buyer discovers an undisclosed defect post-closing, they can pursue a claim for misrepresentation, and Colorado courts take this seriously regardless of whether the omission was intentional or careless.
This is exactly the kind of situation I walk my sellers through before we ever put a sign in the yard. Getting your home prepped to sell in Greeley and getting your disclosure right go hand in hand — a clean, honest disclosure actually protects your sale price, because it takes the renegotiation leverage away from a buyer who finds something you didn’t mention.
I’ve also seen this cut the other way for buyers: issues that surface during a Greeley home inspection almost always trace back to something that should have appeared on the seller’s disclosure in the first place. When both sides are working from an accurate form, negotiations stay calmer and closings stay on schedule.
Every Property Is Different
Your disclosure obligations depend on your home’s age, your water source, whether you’re inside city limits, and what you actually know about the property’s history. A newer build in a Windsor HOA looks nothing like a well-and-septic property outside Eaton on paper — and the disclosure reflects that.
That’s not something a generic checklist can sort out for you. It’s exactly the kind of conversation I have with every seller before we finalize paperwork, alongside the rest of what you’ll cover with your title company at closing.
Frequently Asked Questions
Do I have to disclose a problem I already fixed?
Yes. Colorado’s disclosure standard covers anything you actually know about, whether it’s currently a problem or one you’ve already repaired. If you know about prior flooding, termite damage, or a roof issue — even fully resolved — it belongs on the Colorado Seller’s Property Disclosure.
Do I need a radon test before I sell my house in Greeley?
Testing isn’t legally required before you list, but if you have test results, you must disclose them under the updated 2023 law. Given how common elevated radon readings are along the Front Range, testing ahead of listing lets you address it on your terms instead of the buyer’s.
What if I’m selling a home on well water and septic in Weld County?
You’ll need to disclose your potable water source and septic system details, including permit, inspection, and pumping dates. This is especially common for sellers outside Greeley and Windsor city limits, so gather your septic records early in the process.
Can a buyer back out after finding something on my disclosure?
Buyers typically have a due diligence or inspection objection period defined in the contract, and a disclosed issue can factor into their decision to negotiate, request repairs, or in some cases terminate. An accurate disclosure up front usually leads to fewer surprises — and fewer renegotiations — during that window.
Do I still need a disclosure if I’m selling my house as-is?
Yes. Selling as-is affects what repairs you’re willing to make, not what you’re required to disclose. The Colorado Seller’s Property Disclosure obligation applies regardless of how you’re marketing the sale.
If you’re getting ready to sell in Greeley, Windsor, or anywhere in Northern Colorado, I’d rather help you get the disclosure right the first time than help you clean up a dispute later. Schedule a free seller consultation at thefranzengroup.com/home-selling-consultation/ — no pressure, just a real conversation about your property and what it means for your sale.
About Brian Franzen
Brian Franzen is a Greeley & Northern Colorado Realtor who has been helping clients buy and sell since 2013, with 300+ closed transactions across residential, investment, commercial, land, and water properties. He’s a native of Northern Colorado, an eXp ICON Agent, and a City of Greeley Planning Commissioner. Connect with Brian at thefranzengroup.com.
