A buyer's broker in Colorado is representing the Nguyen family in the purchase of a rural property in Weld County. The family asks their broker whether the property's well water has ever tested positive for nitrate contamination. The listing agent says the seller is unaware of any such testing. Under Colorado disclosure law, which statement best describes the broker's obligation in this situation?
Correct Answer
C) The buyer's broker should advise the Nguyens to request a water quality test as part of their due diligence and review any available disclosures
Under the Colorado Seller's Property Disclosure Act (C.R.S. § 38-35.7-101 et seq.), the seller is required to disclose only known material defects. Because the seller has no knowledge of nitrate testing or contamination, no affirmative disclosure is triggered on the seller's side. However, the buyer's broker has a duty to their client and should advise the Nguyens to conduct due diligence — including requesting a water quality test — as part of the inspection and due diligence period under the CREC Contract to Buy and Sell Real Estate.
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Related Topics & Key Terms
Key Terms:
Related Concepts
HOA disclosure requires informing buyers about the existence, rules, fees, financial health, and restrictions of a homeowners association governing the property. This information helps buyers understand their obligations before purchase.
The Lead-Based Paint Disclosure is a federally mandated disclosure required for all residential properties built before 1978. Sellers and landlords must disclose known lead-based paint hazards and provide the EPA pamphlet "Protect Your Family From Lead in Your Home."
A material defect is a condition that significantly affects the value, desirability, or safety of a property and that would likely influence a reasonable buyer's decision to purchase or the price they would pay.
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Previous Question
Maria is selling her home in Pueblo, Colorado. She is aware that the property has a radon mitigation system installed because a previous test revealed elevated radon levels. When completing the CREC-approved Seller's Property Disclosure form, what must Maria do regarding this information?
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A Colorado listing broker is completing the CREC-approved Seller's Property Disclosure form with a seller in Jefferson County. The seller has lived on the property for 15 years and has direct knowledge of several environmental conditions. Which of the following is NOT required to be disclosed on the Seller's Property Disclosure form under Colorado law?