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Practice Of Real EstateState SpecificMEDIUM

A Colorado seller is selling an irrigated farm that historically used water from a nearby ditch company. The listing broker notices the CREC-approved Contract to Buy and Sell Real Estate has a section specifically addressing water rights. The seller tells the broker to leave that section blank because 'water comes with the land.' What should the broker do?

Correct Answer

B) Complete the water rights section accurately to reflect the actual water rights situation, and advise the seller that water rights do not automatically transfer with land in Colorado

The CREC-approved Contract to Buy and Sell Real Estate includes specific provisions for water rights because Colorado law treats them as separate property interests (C.R.S. § 37-92-101 et seq.). The broker has a duty to accurately complete the contract form and to educate the seller that water rights do not automatically convey with land in Colorado. Leaving the section blank or following incorrect seller instructions could result in a disputed transaction, material misrepresentation, and potential CREC disciplinary action against the broker.

Answer Options
A
Leave the section blank as the seller instructed, since the seller has authority over contract terms
B
Complete the water rights section accurately to reflect the actual water rights situation, and advise the seller that water rights do not automatically transfer with land in Colorado
C
Strike through the water rights section and add a note that water rights are not applicable to this transaction
D
Advise the seller to consult a title company, then leave the section blank pending the title search

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Related Topics & Key Terms

Key Terms:

water_rightscrec_contract_formsbroker_dutiesseller_representationdisclosure

Related Concepts

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.

A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.

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