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Both the seller and listing broker have obligations concerning the use of this form, and the buyer and buyer's broker need to have an understanding of what this form represents by way of disclosures. The SPD form is referenced in the Contract to Buy and Sell (CBS) in section 10.1: \u201c10.1. Seller's Property Disclosure.
In Colorado, real estate agreements have to occur in writing. If it's not in writing, it never happened! Therefore, you are under contract only if and when both parties have signed the contract. Congratulations!
As with an exclusive right-to-sell listing, the exclusive right-to-buy variation contains provisions stating a broker fee is to be paid by the buyer \u2014 unless the seller agrees to pay the fee \u2014 when the buyer acquires property of the type described in the buyer's listing during the term of the listing or safety period.
Colorado state statutes require that sellers of residential property disclose the following to buyers: That the property might be in a special taxing district, and where the buyer can go to find out whether the property is, in fact, within such a district.
In Colorado, sellers have a duty to disclose information the buyer would find of significant importance about the property. This information is a material fact. Sellers are also supposed to reveal issues that could negatively affect the property's value. This is an adverse material fact.
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A buyer breaches the contract by not paying the earnest money at the agreed time. A buyer can be liable for the amount of the earnest money even if it is not paid.
(f) A broker may omit part or all of the following provisions of the \u201cContract to Buy and Sell Real Estate\u201d, or corresponding provisions in other Commission-approved forms, if such provisions do not apply to the transaction.
Colorado courts have concluded that sellers are in a superior position to know the condition of a house and therefore have a duty to disclose defects in the house, which is typically accomplished through a seller's property disclosure form.
They don't have any opportunities to terminate the contract unless the buyer provides those opportunities. Once a buyer is under contract that property is theirs to buy, or not. If the contract is followed, the buyer can terminate the sale with a valid reason and receive 100% of their earnest money back.
A party was coercing or threatening the other party into signing the agreement. A party was under undue influence (one party dominated the will of another) Mistakes are present in the contract that affect whether one or both parties can carry out their obligations. A party breaches the terms of the contract.

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