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| Documents required to Sell or Buy a house in Colorado: |
| 1. Contract to Buy and Sell Real Estate |
| 2. Seller's Property Disclosure |
| 3. Lead-Based Paint Disclosure |
| 4. Closing Instructions & Earnest Money |
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| In many cases one or more of the following short documents are also required: |
| 5. Agreement to Amend/Extend Contract |
| 6. Counterproposal |
| 7. Square Footage Disclosure |
| 8. Special Stipulations |
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| Federal and State tax law require Sellers to certify that they are American tax payers. |
| 9. Seller's Affidavit of Non foreign Status |
A summary description of Real Estate Forms & Contracts included in our Colorado residential package:
- Contract to Buy and Sell Real Estate: This is the sales contract approved by the Colorado Real Estate Commission. Starting with the table on the first page, this document looks more complicated than it really is. The “Reference” numbers in the table refer to paragraphs in the contract and the table is simply a checklist of the things that must happen between signing the contract and completing the sale. If you have a low tolerance for technical writing we suggest reading no more than 3 pages at a sitting.
- Seller’s Property Disclosure: Fill in the blanks, make several copies, and attach a copy to each Contract to Buy and Sell. The purpose of the disclosure document is to allow the Seller to tell the Buyer what he or she knows about problems with the property. It does NOT require research. “Don’t know” is a perfectly acceptable answer.
- Lead-Based Paint Disclosure: For homes built prior to 1978, Federal law requires sellers to disclose all they know about the existence of lead paint hazards. Colorado has extended this to all homes. Answer the questions and print several copies for attachment to the Contract to Buy and Sell Real Estate.
- Closing Instructions and Earnest Money: For homes built prior to 1978, Federal law requires sellers to disclose all they know about the existence of lead paint hazards. Colorado has extended this to all homes. Answer the questions and print several copies for attachment to the Contract to Buy and Sell Real Estate.
- Agreement to Amend/Extend Contract: The same table of events and deadlines that appears on the Contract to Buy and Sell is repeated on this document which is largely blank. The purpose of the form is to allow the Seller and Buyer to change deadlines and specify terms not included in the original Contract to Buy and Sell Real Estate. In most cases, the new terms can be copied from our Special Stipulations form, or ‘cut’ and ‘pasted” into the blank space on the Agreement to Amend/Extend.
- Counter Proposal Form:
This is a mostly blank form that allows the Seller to specify the Offer to which he or she is responding, and write in changes that make that offer acceptable (as an alternative, the Seller may simply cross out unacceptable terms and return the original offer form to the Buyer). A Buyer may also use a Counter Offer form to respond to the Seller.
- Square Footage Disclosure:
One of the few documents described and required by the Colorado Real Estate Commission. Under rule E-41 which applies to improved residential real estate, the Seller is required to state the interior and outside dimensions of the property if he or she knows those dimensions.
- Special Stipulations: This is a plain text document with 24 clauses (paragraphs) that describe situations Sellers and Buyers often want to include in a Contract to Buy and Sell Real Estate. For instance, a Buyer may want to make the contract subject to approval of a father-in-law who is financing the purchase. These stipulations are in plain text format so they may easily be ‘cut’ and ‘pasted’ into ‘Additional Provisions’ (paragraph 24 of the Contract to Buy and Sell Real Estate, or pasted into the blank space under “Additional amendments” of an Agreement to Amend/Extend Contract.
*Note: To “paste” into the above contracts you must first select “Tools” at top of Word’s menu bar, then select “Unprotect document” from the drop-down menu. Re-activate form fields and check boxes by selecting “Tools” at top of menu then “Protect document” from the drop-down menu.
- Seller’s Affidavit of Nonforeign Status: The Internal Revenue Service requires Buyers to withhold taxes from the purchase price of homes sold by foreign persons. Seller fills in Social Security number and home address and signs to certify that Seller is a tax-paying American. The law applies to all home sales in the United States, but is primarily enforced in Hawaii, California, Florida, and perhaps Vale and Aspen where there are large numbers of foreign homeowners.
Free extra's included with the Colorado download. Thes forms are for estimating net cash to Seller, and a Buyer’s ability to afford the asking price.
Net to Seller: This form allows user to enter estimates of all closing costs (balance on current mortgage loan, attorney’s fee, Title search, etc). The user manually subtracts the total estimated cost from the Purchase Price to get the amount of cash the Seller will receive at closing.
Buyer Pre-Qualification: This form records the prospective Buyer’s annual income and expenses and provides manual calculation formula to determine if Buyer can afford the asking price.
Buyer Pre-Qual Sample: Buyer Pre-Qualification form filled out for a Buyer with $48,000 annual income. Based on the sample Buyer’s monthly expenses, the form estimates that Buyer can afford a $144,000 house.
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Our Colorado forms are designed by NICNIA Real Estate Corp to meet Colorado requirements. These forms and contracts are functionally equivalent to real estate forms published by the Colorado Associations of Realtors but are necessarily different to avoid copyright infringement. Despite the minor differences our forms and contracts are used to sell and buy Colorado real estate on a regular basis.
Forms purchased from Audrie.com are typically one or two pages shorter that real estate forms published by Colorado Associations of Realtors. Our forms are designed for people selling their homes without a real estate broker so we omit sections covering commission amounts, splits between brokers for the seller and brokers for the buyer. We also omit arbitration rules to govern commission disputes.
Our Real Estate Forms will be appropriate for most people selling their own homes. However, unusual or complicated legal situations may sometimes occur. If you are faced with a real estate situation not covered in our forms, we recommend the advice of a real estate attorney. You can still save money by filling out our forms to the best of your ability and paying a real estate attorney to proof read them and make changes. The cost for an attorney's time for this type of service should be a lot less than the cost of preparing entire documents.
In cooperation with Nicnia Real Estate, the Audrie.com staff conducts an annual review of changes to real estate forms published by realtor associations in each state. By far the most changes to forms published by the Colorado Association of Realtors are to sections covering real estate broker commissions, dispute resolutions and arbitration between brokers. These “broker” sections are not usually covered in our real estate forms so our current Colorado real estate forms are often identical to our prior year forms even when the state realtor associations trumpets new changes. |
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