Starting the home buying process can be daunting. But I have found that the more a buyer understands the Colorado Real Estate Contract, the less daunting the whole process becomes.
In Colorado, it is standard that a buyer’s offer on a property is a signed 20 page contract. So, below I have boiled down the contract into brief descriptions of the big dates and deadlines – the meat and potatoes of the Contract to Buy and Sell Real Estate (Residential).
Buckle up, this is a long post!
Alternative Earnest Money Deadline
Earnest Money must be delivered to the title company by this deadline. The buyer must be sure to have enough cash on hand to wire or write a check in the amount of the earnest money by this deadline. Earnest money is cash that goes towards the buyer’s downpayment if the buyer closes on the property. If the buyer decides not to go through with the contract for any of the reasons below and objects/terminates on time (read below for details on this), then the buyer gets his/her earnest money returned.
Record Title Deadline
The seller is obligated to purchase a title insurance policy and have a commitment for title insurance issued to the buyer before the title deadline. The buyer will get the title documents via email from the title company. The buyer should read through these documents and make sure there is nothing of concern for him/her. Some buyers choose to have a real estate lawyer look over these documents – this is not standard, automatic protocol in Colorado unlike it is in New York and other states.
Record Title Objection Deadline
If there is any condition in the title commitment that buyer finds unsatisfactory, the buyer/buyer’s agent must provide written notice to the seller by the Title Objection Deadline.
Due Diligence Document Delivery Deadline
The seller has to deliver all the information he/she has on the home to the buyer before this deadline.
Due Diligence Document Objection Deadline
If there is something the buyer finds unsatisfactory in the due diligence documents (for example, a solar panel lease that the buyer would be required to take over with the purchase of the home), the buyer must object or terminate using the proper form by this deadline.
Association Documents Delivery
The seller must deliver the HOA documents to the buyer by this deadline.
Association Documents Termination Deadline
If there is anything the buyer finds unsatisfactory in the HOA documents that make him/her not want to move forward with the contract (not enough money in the reserves, an HOA bylaw that is unacceptable to the buyer such as no dogs allowed, etc.), the buyer must terminate in writing before this deadline.
Inspection Objections Deadline
The inspector must go out to the property and write up a report before this deadline. The buyer then must decide what he/she would like the seller to either repair or give a monetary credit for and an Inspection Objection must be written up, signed and sent to the seller/seller’s agent on or before this deadline.
Inspection Termination Deadline
If there is a fatal flaw or too many little things wrong with the property and the buyer decides he/she does not want to proceed with the contract, the buyer must let his/her agent know on or before this deadline. The correct documents must be filled out, signed and sent to the seller on or before this deadline.
Inspection Resolution Deadline
This is the date in which the buyer and the seller must come to an agreement about the Inspection Objection if one was submitted. If no agreement has been reached in writing, the contract automatically terminates at the end of the Inspection Resolution Deadline (unless the buyer withdraws the Inspection Objection in writing).
Property Insurance Objection Deadline
The buyer must shop around for property insurance before this deadline. If the buyer is not satisfied with the availability, terms, conditions or premium for property insurance the buyer must terminate the contract on or before this deadline. The buyer/buyer’s agent do not need to send proof of insurance (the lender will need this though at some point) to the seller/seller’s agent by this deadline, the buyer just needs to know that he/she is okay with the insurance he/she can get on the property.
Appraisal Objection Deadline
If the property does not appraise (the appraised value is less than the purchase price) and the buyer does not want to proceed with the contract unless the purchase price is lowered (to the appraised amount or to an agreeable purchase price amount), the buyer/buyer’s agent must submit an appraisal objection to the seller by this deadline.
Appraisal Resolution Deadline
The buyer and seller must come to an agreement regarding changes to the purchase price as a result of the appraisal by this deadline if an appraisal objection was submitted to the seller. If there is no resolution signed on or before this deadline, the contract will automatically terminate (unless the buyer submits a written withdrawal of the appraisal objection).
New Loan Terms Deadline
If anything about the buyer’s loan terms – interest rate, monthly payments, etc.- is not to the buyer’s liking, he/she must terminate the contract in writing by this deadline.
New Loan Availability Deadline
If the buyer is not able to get a loan – the buyer lost his/her job, the lender found a fatal flaw after review, etc. the buyer must object using the proper form by this deadline.
Good Good Denver, a division of Good Good Realty, is a boutique real estate brokerage. We specialize in making the buying process as smooth as possible. If you’re looking for a real estate expert willing to hold your hand through the buying process, we may be a good good fit for you. Give us a call if you’d like to chat. We’re here to answer any questions you may have, with no strings attached.
Katie | 303.928.1298