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Counterproposal Colorado Real Estate Commission Approved Form

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COUNTERPROPOSAL

The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (CP40-8-13) (Mandatory 1-14)

THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING.

Date:

1. This Counterproposal supersedes and replaces any previous counterproposal. This Counterproposal amends the proposed contract dated (Contract), between (Seller), and (Buyer), relating to the sale and purchase of the following legally described real estate in the County of , Colorado:

known as No. (Property).

Street Address City State Zip

NOTE: If the table is omitted, or if any item is left blank or is marked in the “No Change” column, it means no change to the corresponding provision of the Contract. If any item is marked in the “Deleted” column, it means that the corresponding provision of the Contract to which reference is made is deleted.

2. § 3. DATES AND DEADLINES. [Note: This table may be omitted if inapplicable.]

Item No. Reference Event Date or Deadline No Change Deleted
1§ 4.3Alternative Earnest Money Deadline
Title
2§ 8.1Record Title Deadline
3§ 8.2Record Title Objection Deadline
4§ 8.3Off-Record Title Deadline
5§ 8.3Off-Record Title Objection Deadline
6§ 8.4Title Resolution Deadline
7§ 8.6Right of First Refusal Deadline
Owners’ Association
8§ 7.3Association Documents Deadline
9§ 7.4Association Documents Objection Deadline
Seller’s Property Disclosure
10§ 10.1Seller’s Property Disclosure Deadline
Loan and Credit
11§ 5.1Loan Application Deadline
12§ 5.2Loan Objection Deadline
13§ 5.3Buyer’s Credit Information Deadline
14§ 5.3Disapproval of Buyer’s Credit Information Deadline
15§ 5.4Existing Loan Documents Deadline
16§ 5.4Existing Loan Documents Objection Deadline
17§ 5.4Loan Transfer Approval Deadline
18§ 4.7Seller or Private Financing Deadline
Appraisal
19§ 6.2Appraisal Deadline
20§ 6.2Appraisal Objection Deadline
Survey
21§ 9.1Current Survey Deadline
Item No. Reference Event Date or Deadline No Change Deleted
22§ 9.2Current Survey Objection Deadline
23§ 9.3Current Survey Resolution Deadline
Inspection and Due Diligence
24§ 10.2Inspection Objection Deadline
25§ 10.3Inspection Resolution Deadline
26§ 10.5Property Insurance Objection Deadline
27§ 10.6Due Diligence Documents Delivery Deadline
28§ 10.6Due Diligence Documents Objection Deadline
29§ 10.6Due Diligence Documents Resolution Deadline
30§ 10.6Environmental Inspection Objection Deadline CBS2, 3, 4
31§ 10.6ADA Evaluation Objection Deadline CBS2, 3, 4
32§ 10.7Conditional Sale Deadline
33§ 11.1Tenant Estoppel Statements Deadline CBS2, 3, 4
34§ 11.2Tenant Estoppel Statements Objection Deadline CBS2, 3, 4
Closing and Possession
35§ 12.3Closing Date
36§ 17Possession Date
37§ 17Possession Time

3. § 4. PURCHASE PRICE AND TERMS. [Note: This table may be omitted if inapplicable.]

The Purchase Price set forth below is payable in U. S. Dollars by Buyer as follows:

Item No. Reference Item Amount Amount
1§ 4.1Purchase Price$
2§ 4.3Earnest Money$
3§ 4.5New Loan$
4§ 4.6Assumption Balance$
5§ 4.7Private Financing$
6§ 4.7Seller Financing$
7
8
9§ 4.4Cash at Closing$
10TOTAL$ $

4. ATTACHMENTS. The following are a part of this Counterproposal:

Note: The following disclosure forms are attached but are not a part of this Counterproposal:

5. OTHER CHANGES.

6. ACCEPTANCE DEADLINE. This Counterproposal expires unless accepted in writing by Seller and Buyer as evidenced by their signatures below and the offering party to this document receives notice of such acceptance on or before

Date Time

If accepted, the Contract, as amended by this Counterproposal, will become a contract between Seller and Buyer. All other terms and conditions of the Contract remain the same.

Buyer’s Name:

Buyer’s Signature Date

Address:

Phone No.:

Fax No.:

Electronic Address:

Buyer’s Name:

Buyer’s Signature Date

Address:

Phone No.:

Fax No.:

Electronic Address:

Seller’s Name:

Seller’s Signature Date

Address:

Phone No.:

Fax No.:

Electronic Address:

Seller’s Name:

Seller’s Signature Date

Address:

Phone No.:

Fax No.:

Electronic Address:

Note: When this Counterproposal form is used, the Contract is not to be signed by the party initiating this Counterproposal. Brokers must complete and sign the Broker’s Acknowledgments and Compensation Disclosure portion of the Contract.

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What the Counterproposal Colorado Real Estate Commission Approved Form Is

The Counterproposal Colorado Real Estate Commission Approved Form is a standardized, state-specific form used to modify terms of a residential or commercial offer in Colorado real estate transactions. It documents revised price, contingencies, closing date, and other contract terms, and becomes part of the purchase contract when accepted. Brokers and parties typically exchange counterproposals during negotiations; the form clarifies which prior terms remain, which are changed, and includes signature blocks and broker acknowledgment for enforceability under Colorado contract practice.

Why this Approved Counterproposal Matters in Colorado Deals

Using the Colorado Real Estate Commission approved counterproposal ensures consistent presentation of amendments, reduces miscommunication between parties and brokers, and provides a clear, auditable record of negotiated changes that can be relied on if disputes arise.

Why this Approved Counterproposal Matters in Colorado Deals

Who Typically Completes and Signs a CREC Counterproposal

Both parties should review with counsel or their broker when changes affect financing, contingencies, or legal obligations to verify compliance and preserve remedies.

  • Listing agents and sellers negotiating price, closing, or contingencies with a buyer
  • Buyer agents submitting changes to financing, inspection, or closing timeline
  • Attorneys or transaction coordinators preparing formal revisions for client review

Key Elements to Include in a Professional CREC Counterproposal

A complete counterproposal isolates changed terms, restates unaffected provisions, and includes clear deadlines and signature lines so parties understand acceptance conditions and timelines.

Identifying Parties

Full legal names of buyer(s) and seller(s) exactly as on the purchase contract to avoid ambiguity and ensure correct attribution of the counterproposal.

Revised Price

State the new purchase price numerically and in words when possible, specifying whether earnest money changes and how those funds will be handled.

Contingency Changes

List changes to inspection, appraisal, or financing contingencies with explicit cure periods and any added conditions for waiver or termination.

Timing and Deadlines

Specify deadlines for acceptance, inspection periods, financing notice dates, and the proposed closing date with MM/DD/YYYY format for clarity.

Integration with Original Offer

State whether the counterproposal replaces, modifies, or supersedes specific paragraphs of the original offer to prevent conflicting interpretations.

Signatures and Broker Acknowledgment

Provide signature blocks for all parties and broker acknowledgment lines; include dates and indicate whether electronic signatures are permitted.

Step-by-Step: Preparing and Delivering the Counterproposal

Follow a clear sequence to prepare, review, and transmit a counterproposal to minimize the risk of misunderstandings or timing disputes.

  • 01
    Review Original Offer: Confirm which terms remain and identify only the provisions to change.
  • 02
    Draft Changes: Edit the approved form to state specific revised terms and dates.
  • 03
    Obtain Broker Review: Have the listing or buyer broker verify compliance with local rules.
  • 04
    Deliver to Other Party: Send by agreed method with a clear acceptance deadline.

How the Counterproposal Exchange Typically Flows

Negotiation proceeds through an exchange of documented offers and counterproposals until acceptance, expiration, or termination.

  • Submission: Originating party sends the completed counterproposal to the other party or their agent.
  • Review Period: Recipient reviews terms and consults counsel or lender as needed within the stated deadline.
  • Response: Recipient accepts, rejects, or returns a new counterproposal modifying terms.
  • Execution: Mutual acceptance creates a binding amendment when signed by all required parties.

Customizing an Online Counterproposal Workflow

Configure template, field rules, and signer authentication to match your office practices and compliance needs before sending.

Field Configuration
Template Save CREC-approved layout to ensure consistent wording.
Conditional Fields Show or hide clauses based on answers to key questions.
Signer Authentication Choose email, SMS code, or stronger ID verification.
Retention Settings Set automatic retention for signed PDF and audit trail.

Digital Signing and Delivery Considerations

Ensure platform-level audit trails, secure storage, and optional two-factor authentication are enabled to document intent, attribution, and retention for potential disputes.

  • File Formats: PDF and DOCX accepted
  • Integrations: Works with CRMs and cloud storage
  • Authentication: Email, SMS, or advanced methods

Common Preparation Errors to Avoid

  • Ambiguous deadlines that omit date or time zone create disputes over whether a response was timely and can void intended cutoff protections.
  • Inconsistent party names between the original offer and counterproposal can cause attribution problems and slow escrow or title processing.
  • Failing to restate modified versus surviving contract terms leads to conflicting obligations and complicates enforcement if a dispute arises.
  • Sending unsigned or partially signed counterproposals leaves the form non-executable until complete signatures are collected.

Security and Compliance Essentials for Electronic Counterproposals

Transport Encryption: TLS 1.2/1.3
Data at Rest: AES-256 encryption
Audit Trail: Detailed signing metadata
Regulatory Certification: SOC 2 Type II
Health Data: HIPAA available with BAA
Legal Frameworks: ESIGN and UETA compliance

Risks and Consequences of Errors or Delays

Contract Loss: Missed acceptance deadlines can forfeit bargaining position
Escrow Issues: Improper earnest money instructions delay closing
Title Delays: Name mismatches require corrective documentation
Liability Exposure: Unclear terms can lead to breach claims
Tax Withholding: Incorrect payee TIN can trigger backup withholding
Regulatory Noncompliance: Failure to follow broker duties may invite discipline

Typical Deadlines and Timeframes to Track

Counterproposals create new timeframes; track each deadline explicitly and record acceptance timestamps to avoid disputes.

Acceptance Deadline:

Specific date/time stated on the counterproposal; governs when offer expires.

Inspection Period End:

Date by which buyer must complete or waive inspections.

Financing Contingency Date:

Lender approval or notice deadline tied to financing contingency.

Closing Date:

Target date for recording deed and funding escrow.

Response Acknowledgment:

Record when the other party emails or provides signed response.

Execution, Notarization, and Finalization Steps

Complete execution steps in sequence if notarization or recording is required; some counterproposals never require notarization but underlying deeds might.

01

Prepare Document

Complete counterproposal fields and verify dates and amounts.

02

Sign Parties

All required parties sign on their signature lines.

03

Notarize if Needed

Obtain notarization only when the amended term produces a deed or instrument requiring acknowledgment.

04

Deliver to Broker

Provide executed copy to each broker for their file.

05

Counter-Sign

If accepted, the receiving party signs to create mutual agreement.

06

Distribute Copies

Send final fully executed PDF and originals to escrow and counsel.

07

Record Deed (if applicable)

Record in county recorder's office when transaction completes.

08

Archive Files

Store signed documents per retention policy for auditability.

Real-world Examples of Electronic Counterproposal Use

Practical examples show how firms and brokers use approved counterproposal forms and e-signature workflows to conclude deals remotely.

Martin Properties Case

Local broker moved entire negotiation online to handle remote buyers

  • Reduced turnaround to digital signatures in under 24 hours
  • The firm processed offers, counteroffers, and final acceptance with signed PDFs and audit trails so closings proceeded on schedule without in-person signings.

Optica Ventures Example

Investment buyer revised contingency terms across multiple properties

  • Centralized form usage simplified comparisons
  • Using a consistent CREC-approved counterproposal template helped the buyer coordinate lender conditions and close multiple transactions with the same standard amendment language.

eSignature Vendor Pricing and Feature Snapshot

Compare starting prices and core features for common eSignature vendors. signNow is listed first per comparison conventions; select a plan that matches volume and compliance needs.

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Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no credit card required Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Frequently Asked Questions About the CREC Counterproposal Form

Answers to common questions about validity, timing, notarization, revocation, and electronic execution under U.S. e-signature law.


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