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Buying and Selling a Home in Colorado

Colorado real property is conveyed by deed and recorded with the county clerk and recorder. Colorado is a race-notice recording state, so a later buyer who takes without notice of a prior unrecorded interest and records first can win. Standard residential contracts are promulgated by the Colorado Real Estate Commission, most sales use a licensed broker, and a Seller's Property Disclosure is customary.

By Find Local Law Editorial Team · Last reviewed: May 26, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice. Confirm the current rule on the official sources below, or talk to a Colorado real estate attorney.

Buying or selling a Colorado home runs on two essentials: how the property is transferred, and how the transfer is protected.

Conveyance by deed (§ 38-30-101)

Colorado real property is conveyed by a deed (C.R.S. Title 38, Article 30). The deed transfers ownership, and it is then recorded with the county clerk and recorder for the county where the property sits.

Recording is race-notice (§ 38-35-109)

Colorado is a race-notice recording state (C.R.S. § 38-35-109). That means to defeat a prior unrecorded interest, a later buyer must do two things:

  • Take the property without notice of the earlier interest, and
  • Record first.

Because of this rule, recording your deed promptly is how you protect what you bought.

The contract and disclosures

Standard residential contracts are promulgated by the Colorado Real Estate Commission, and most sales go through a licensed broker. A Seller’s Property Disclosure is customary, giving buyers information about the property’s known condition.

For how you’ll hold title once you close, see holding title. For more statewide property basics, see the real estate hub.

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Frequently asked questions

How is a home conveyed in Colorado?
By a deed, which transfers ownership of the real property and is then recorded with the county clerk and recorder (C.R.S. 38-30-101).
What does 'race-notice' mean in Colorado?
To defeat a prior unrecorded interest, a later buyer must take the property without notice of that interest and record first (C.R.S. 38-35-109). Recording promptly protects your interest.
Do I use a standard contract to buy a Colorado home?
Most residential sales use a contract promulgated by the Colorado Real Estate Commission, typically through a licensed broker, and a Seller's Property Disclosure is customary.

Sources

Related guides

  • Colorado Landlord–Tenant Rules: Deposits & Habitability Colorado landlords must return a security deposit, with a written statement of any deductions, within one month after the tenancy ends — unless the lease sets a longer period not to exceed 60 days. A landlord who misses the deadline forfeits the right to withhold any of the deposit, and willful wrongful retention exposes the landlord to treble damages plus attorney fees. Every residential lease also includes an implied warranty of habitability.
  • Evictions in Colorado (Forcible Entry and Detainer) Colorado eviction is called Forcible Entry and Detainer (FED). For residential nonpayment of rent, the landlord must serve a written demand for payment or possession — generally a 10-day notice for standard residential tenancies. This area was amended in 2024 and is amendment-prone, so confirm the current rule. Self-help eviction — lockouts or utility shutoffs — is illegal; only a sheriff acting on a court order may remove a tenant.
  • Foreclosure in Colorado (Public Trustee) Colorado uses a public trustee foreclosure system, C.R.S. 38-38-101 and following. A neutral county public trustee administers the notice, publication, and sale process for foreclosures on deeds of trust. This is distinct from purely judicial or purely private foreclosure systems used in other states, and the public trustee's role is to run the process as a neutral official.
  • HOAs and CCIOA in Colorado Colorado common-interest communities — condominiums and HOAs — are governed by the Colorado Common Interest Ownership Act (CCIOA), C.R.S. 38-33.3-101 and following. CCIOA sets out association powers, owner rights, assessments, and governance for these communities, providing the statewide framework that shapes how an HOA or condo association can operate and what owners can expect.
  • Holding Title in Colorado Colorado co-owners hold title as tenants in common (the default) or as joint tenants with right of survivorship. Joint tenancy must be expressly created with words like 'joint tenants' or 'JTWROS' and is available only to natural persons. Importantly, Colorado does not recognize tenancy by the entireties — any attempt to create one is treated as a joint tenancy.

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