Title 38, Property - Real and Personal
0 chapters · 857 sections in this title.
Colo. Rev. Stat. § 38-8-104 Value
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(1) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's…
Colo. Rev. Stat. § 38-8-106 Transfers or obligation voidable as to present creditors
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(1) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange…
Colo. Rev. Stat. § 38-8-107 When transfer is made or obligation is incurred
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(1) For the purposes of this article 8: (a) A transfer is made: (I) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a go…
Colo. Rev. Stat. § 38-8-108 Remedies of creditors
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(1) In an action for relief against a transfer or obligation under this article 8, a creditor, subject to the limitations in section 38-8-109, may obtain: (a) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim; (b) An attachment or oth…
Colo. Rev. Stat. § 38-8-109 Defenses, liability, and protection of transferee or obligee
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(1) A transfer or obligation is not voidable under section 38-8-105 (1)(a) against a person that took in good faith and for a reasonably equivalent value given to the debtor or against a subsequent transferee or obligee. (2) To the extent a transfer is voidable in an action by a …
Colo. Rev. Stat. § 38-8-110 Extinguishment of a claim for relief
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(1) A claim for relief with respect to a voidable transfer or obligation under this article 8 is extinguished unless action is brought: (a) Under section 38-8-105 (1)(a), not later than four years after the transfer was made or the obligation was incurred or, if later, not later …
Colo. Rev. Stat. § 38-8-111 Supplementary provisions
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Unless displaced by the provisions of this article, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cau…
Colo. Rev. Stat. § 38-8-112 Uniformity of application and construction
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This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article. Source: L. 91: Entire article added, p. 1689, � 1, effective July 1. Editor's note - Colorado legislative change: This section was nu…
Colo. Rev. Stat. § 38-10-101 Conveyances to defraud
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Every conveyance of any estate or interest in the lands, or the rents and profits of lands, and every charge upon lands, or upon the rents and profits thereof, made or created with the intent to defraud prior or subsequent purchasers for a valuable consideration of the same lands…
Colo. Rev. Stat. § 38-10-102 Purchaser with notice - prior grantee privy
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No such conveyance or charge shall be deemed fraudulent in favor of a subsequent purchaser, who has actual or legal notice thereof at the time of his purchase, unless it appears that the grantee in such conveyance or person to be benefited by such charge was privy to the fraud in…
Colo. Rev. Stat. § 38-10-103 Conveyance determinable at will of grantor void
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Every conveyance or charge of or upon any estate or interest in lands containing any provision for the revocation, determination, or alteration of such estate or interest, or any part thereof, at the will of the grantor shall be void as against subsequent purchasers from such gra…
Colo. Rev. Stat. § 38-10-104 Power to revoke and reconvey
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When the power to revoke a conveyance of any lands or the rents and profits thereof and to reconvey the same is given to any person other than the grantor in such conveyance and such person thereafter conveys the same lands, rents, or profits to a purchaser for a valuable conside…
Colo. Rev. Stat. § 38-10-105 Conveyance before power vests
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If a conveyance to a purchaser under section 38-10-103 or 38-10-104 is made before the person making the same is entitled to execute his power of revocation, it shall nevertheless be valid from the time the power of revocation actually vests in such person, in the same manner and…
Colo. Rev. Stat. § 38-10-106 Conveyance - trust - power must be in writing
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No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands or in any manner relating thereto shall be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed or c…
Colo. Rev. Stat. § 38-10-107 Not to affect will or trusts by operation of law
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Section 38-10-106 shall not be construed to affect in any manner the power of the testator in the disposition of his real estate by a last will and testament nor to prevent any trust from arising or being extinguished by implication or operation of law. Source: R.S. p. 338, � 7. …
Colo. Rev. Stat. § 38-10-108 Contracts for interests in land - must be written
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Every contract for the leasing for a longer period than one year or for the sale of any lands or any interest in lands is void unless the contract or some note or memorandum thereof expressing the consideration is in writing and subscribed by the party by whom the lease or sale i…
Colo. Rev. Stat. § 38-10-109 Authorized agent may subscribe instrument
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Every instrument required to be subscribed by any party under section 38-10-108 may be subscribed by the agent of such party lawfully authorized by writing. Source: R.S. p. 339, � 9. G.L. � 1259. G.S. � 1518. L. 1887: p. 274, � 1. R.S. 08: � 2663. C.L. � 5108. CSA: C. 71, � 9. CR…
Colo. Rev. Stat. § 38-10-110 Courts may enforce specific performance
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Nothing in this article shall be construed to abridge the powers of courts of equity to compel the specific performance of agreements in cases of part performance of such agreement. Source: R.S. p. 339, � 10. G.L. � 1260. G.S. � 1519. R.S. 08: � 2664. C.L. � 5109. CSA: C. 71, � 1…
Colo. Rev. Stat. § 38-10-111 Trusts for use of grantor void against creditors
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All deeds of gift, all conveyances, and all transfers or assignments, verbal or written, of goods, chattels, or things in action, or real property, made in trust for the use of the person making the same shall be void as against the creditors existing of such person. Source: R.S.…
Colo. Rev. Stat. § 38-10-112 Void agreements
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(1) Except for contracts for the sale of goods which are governed by section 4-2-201, C.R.S., and lease contracts which are governed by section 4-2.5-201, C.R.S., in the following cases every agreement shall be void, unless such agreement or some note or memorandum thereof is in …
Colo. Rev. Stat. § 38-10-113 Goods sold at auction - memorandum
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Whenever goods are sold at auction, and the auctioneer at the time of sale enters in a sale book a memorandum specifying the nature and price of the property sold, the terms of sale, the name of the purchaser, and the name of the person for whose account the sale is made, such me…
Colo. Rev. Stat. § 38-10-114 No delivery or change of possession - effect
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Except as otherwise provided in section 4-2-402 or 4-2.5-308, C.R.S., or except where evidence of the transaction is included in the central registry maintained with respect to transactions relating to title to such goods and chattels, or is duly noted on the certificate of title…
Colo. Rev. Stat. § 38-10-115 Creditors defined
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Creditors, as used in section 38-10-114, includes all persons who are creditors of the vendor or assignor at any time while such goods and chattels remain in his possession or control. Source: R.S. p. 340, � 15. G.L. � 1265. G.S. � 1524. R.S. 08: � 2669. C.L. � 5114. CSA: C. 71, …
Colo. Rev. Stat. § 38-10-116 Lawful agent may subscribe
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Every instrument required by any of the provisions of this article to be subscribed by any party may be subscribed by the lawful agent of such party. Source: R.S. p. 340, � 16. G.L. � 1266. G.S. � 1525. R.S. 08: � 2670. C.L. � 5115. CSA: C. 71, � 16. CRS 53: � 59-1-16. C.R.S. 196…
Colo. Rev. Stat. § 38-10-117 Conveyances to defraud creditors void
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(1) Every conveyance or assignment in writing or otherwise of any estate or interest in lands, goods, or things in action or of any rents and profits issuing thereupon, and every charge upon lands, goods, or things in action or upon the rents and profits thereof made with the int…
Colo. Rev. Stat. § 38-10-118 Grant or assignment of trust
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Every grant or assignment of any existing trust in lands, goods, or things in action, unless the same is in writing and subscribed by the party making the same or by his agent lawfully authorized, shall be void. Source: R.S. p. 340, � 18. G.L. � 1268. G.S. � 1527. R.S. 08: � 2672…
Colo. Rev. Stat. § 38-10-119 Conveyances void against heirs
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Every conveyance, charge, instrument, or proceeding declared to be void by the provisions of this article as against creditors or purchasers shall be equally void against the heirs, successors, personal representatives, or assignees of such creditors or purchasers. Source: R.S. p…
Colo. Rev. Stat. § 38-10-120 Intent, question of fact - want of consideration
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The question of fraudulent intent, in all cases arising under the provisions of this article, shall be deemed a question of fact and not of law; nor shall any conveyance or charge be adjudged fraudulent against creditors or purchasers solely on the ground that it was not founded …
Colo. Rev. Stat. § 38-10-121 Purchaser with notice of fraud
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The provisions of this article shall not be construed in any manner to affect or impair the title of a purchaser for a valuable consideration, unless it appears that such purchaser had previous notice of the fraudulent intent of his immediate grantor or of the fraud rendering voi…
Colo. Rev. Stat. § 38-10-122 Construction of terms
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Lands, as used in this article, means lands, tenements, and hereditaments; and estate and interest in lands includes every estate and interest, freehold and chattel, legal and equitable, present and future, vested and contingent in lands as defined in this section. Source: R.S. p…
Colo. Rev. Stat. § 38-10-123 Term conveyance, how construed
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Conveyance, as used in this article, includes every instrument in writing, except a last will and testament, whatever may be its form and by whatever name it may be known in law, by which any estate or interest in lands is created, aliened, assigned, or surrendered. Source: R.S. …
Colo. Rev. Stat. § 38-10-124 Credit agreements - required to be in writing
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(1) As used in this section, unless the context otherwise requires: (a) Credit agreement means: (I) A contract, promise, undertaking, offer, or commitment to lend, borrow, repay, or forbear repayment of money, to otherwise extend or receive credit, or to make any other financial …
Colo. Rev. Stat. § 38-12-1001 Definitions
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As used in this part 10, unless the context otherwise requires: (1) Bed bug means the common bed bug, or cimex lectularius. (2) Bed bug detection team means a scent detection canine team that holds a current, independent, third-party certification in accordance with the guideline…
Colo. Rev. Stat. § 38-12-1002 Bed bugs - notification to landlord - landlord duties
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(1) A tenant shall promptly notify the tenant's landlord via written or electronic notice when the tenant knows or reasonably suspects that the tenant's dwelling unit contains bed bugs. A tenant who gives a landlord electronic notice of a condition shall send such notice only to …
Colo. Rev. Stat. § 38-12-1003 Bed bugs - inspections - treatments - costs
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(1) If a landlord obtains an inspection for bed bugs, the landlord must provide written notice to the tenant within two business days after the inspection indicating whether the dwelling unit contains bed bugs. (2) If a qualified inspector conducting an inspection determines that…
Colo. Rev. Stat. § 38-12-1005 Bed bugs - renting of dwelling units with bed bugs prohibited
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A landlord shall not offer for rent a dwelling unit that the landlord knows or reasonably suspects to contain bed bugs. Upon request from a prospective tenant, a landlord shall disclose to the prospective tenant whether, to the landlord's knowledge, the dwelling unit that the lan…
Colo. Rev. Stat. § 38-12-1006 Remedies - liability
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(1) A landlord who fails to comply with this part 10 is liable to the tenant for the tenant's actual damages. (2) A landlord may apply to a court of competent jurisdiction to obtain injunctive relief against a tenant who: (a) Refuses to provide reasonable access to a dwelling uni…
Colo. Rev. Stat. § 38-12-1007 Relationship to warranty of habitability
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Notwithstanding any provision of part 5 of this article 12 to the contrary, a landlord who complies with this part 10 is deemed to have satisfied the requirements of said part 5 with respect to matters concerning bed bugs. Source: L. 2019: Entire part added, (HB 19-1328), ch. 426…
Colo. Rev. Stat. § 38-12-101 Legislative declaration
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This part 1 shall be liberally construed to implement the intent of the general assembly to ensure the proper administration of security deposits and late fees and protect the interests of tenants, mobile home owners, and landlords. Source: L. 71: p. 592, � 1. C.R.S. 1963: � 58-1…
Colo. Rev. Stat. § 38-12-102 Definitions
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As used in this part 1, unless the context otherwise requires: (1) Home owner has the meaning set forth in section 38-12-201.5 (2). (2) Landlord means a landlord, as defined in section 38-12-502 (5), or the management or landlord of a mobile home park, as defined in section 38-12…
Colo. Rev. Stat. § 38-12-102.5 Security deposits - maximum amount
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On and after August 7, 2023, a landlord shall not require a tenant to submit a security deposit in an amount that exceeds the amount of two monthly rent payments under the rental agreement. Source: L. 2023: Entire section added, (SB 23-184), ch. 402, p. 2413, � 5, effective Augus…
Colo. Rev. Stat. § 38-12-103 Return of security deposit
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(1) [Editor's note: This version of subsection (1) is effective until January 1, 2026.] A landlord shall, within one month after the termination of a lease or surrender and acceptance of the premises, whichever occurs last, return to the tenant the full security deposit deposited…
Colo. Rev. Stat. § 38-12-1101 Short title
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The short title of this part 11 is the Mobile Home Park Act Dispute Resolution and Enforcement Program. Source: L. 2019: Entire part added, (HB 19-1309), ch. 281, p. 2631, � 9, effective May 23.
Colo. Rev. Stat. § 38-12-1102 Legislative declaration
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(1) The general assembly hereby finds and declares that: (a) There are factors unique to the relationship between mobile home owners and mobile home park landlords; (b) Once occupancy has commenced, a mobile home owner may be subject to violations of the Mobile Home Park Act, par…
Colo. Rev. Stat. § 38-12-1103 Definitions
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As used in this part 11, unless the context otherwise requires: (1) Act means the Mobile Home Park Act created in part 2 of this article 12. (2) (a) Complainant means a landlord, home owner, or group of home owners who has filed a complaint alleging a violation of the act, this p…
Colo. Rev. Stat. § 38-12-1105 Dispute resolution program - complaint process
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(1) Any aggrieved party may file a complaint with the division on a form prescribed by the division alleging a violation of the act, this part 11, or a rule, regardless of whether the provision allegedly violated contains a specific reference to this section. (2) After receiving …
Colo. Rev. Stat. § 38-12-1106 Registration of mobile home parks - process - fees
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(1) The division shall register all mobile home parks on an individual basis and renew this registration annually. (2) The division shall send registration notifications and information packets to all known landlords of unregistered mobile home parks. These information packets mu…
Colo. Rev. Stat. § 38-12-1107 Registration information database
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By February 1, 2020, the division shall create and maintain a database that includes all of the information collected under section 38-12-1106. Source: L. 2019: Entire part added, (HB 19-1309), ch. 281, p. 2638, � 9, effective May 23.
Colo. Rev. Stat. § 38-12-1108 Mobile home park complaint and water issue database
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(1) The division shall also create and maintain a database of mobile home parks that have had complaints filed against them under the program or that have an unremediated water quality issue as determined pursuant to part 10 of article 8 of title 25. (2) At a minimum, the databas…
Colo. Rev. Stat. § 38-12-1201 Short title
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The short title of this part 12 is the Immigrant Tenant Protection Act. Source: L. 2020: Entire part added, (SB 20-224), ch. 187, p. 856, � 1, effective June 30.