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Colorado Real Estate Listing Agreement

A Colorado real estate listing agreement is entered into by a real estate broker and an individual selling real estate to enable the parties to work together to find a buyer for the property being sold. When a listing contract is signed by a broker and a seller, both parties are legally obligated to perform certain duties and obligations. The broker agrees to advertise and market the property to the best of their ability and with the seller’s best interests in mind. The seller agrees to pay the broker a commission should they succeed in finding a buyer, and be cooperative throughout the listing agreement with regard to inspections, open houses, and any requests made by the broker. It is up to the parties whether they wish to execute the contract as an exclusive right to sell, an exclusive agency, or an open listing type agreement.

  • Laws§ 12-61-803(4)
  • Dual Agency (§ 12-61-806) – Dual agency is prohibited in the state of Colorado. However, an agent may be hired as a ‘transaction broker’ for the purposes of negotiating contracts and completing transactions on behalf of two (2) parties to a real estate purchase and sale (§ 12-61-807). While a transaction broker is technically neutral (i.e., does not represent either party in particular), they are beholden to statutory obligations and responsibilities and must continue to make disclosures in the same capacity as a seller or buyer’s agent.
  • Purchase Agreement – For entering into a contract over the sale of the property. Completed and signed by the buyer, seller, and agent(s).

Contents

Realtor Version

Colorado Exclusive Right-to-Sell Listing Contract – This listing agreement was created by the Colorado Real Estate Commission to be used by real estate brokers who will be acting as a seller’s agent or a transaction broker in the purchase and sale of real property.

Download: PDF

 


Disclosures / Waivers (4)

Agency Relationship Disclosure (Buyer) (§ 12-61-808) – It is mandatory for a real estate broker representing the seller or acting as a transaction broker to provide this disclosure form to the buyer of the property in order to reveal their relationship in the transaction.

Download: PDF

Agency Relationship Disclosure (Seller) (§ 12-61-808) – It is mandatory for a real estate broker representing the buyer or acting as a transaction broker to provide this disclosure form to the seller of the property in order to reveal their relationship in the transaction.

Download: PDF

Change of Status – If a broker changes their relationship from an agency relationship (representing only one of the parties) to a transaction-brokerage relationship (brokering the transaction but representing neither party), they must complete this disclosure form and deliver it to all prospective parties.

Download: PDF

Property Disclosure Statement (§ 38-35.7) – This property disclosure statement can be completed by the seller (with help from their broker) to comply with state real estate disclosure laws. This is not a mandatory disclosure form, but the disclosures mentioned in the statutes linked above are required by law.

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