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Colorado Mandatory Disclosure Form 35.1

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Mandatory Disclosure Form 35.1

[Reference to C.R.C.P. 16.2(e)(2). These disclosure forms are not to be filed with the court, except as may be ordered pursuant to C.R.C.P. 16.2]

Mandatory Disclosures. (Complete and accurate copies may replace originals. “Child(ren)” refers to minor child(ren) of both parties.)

Each party shall provide:

(a) Sworn Financial Statement. A completed and signed Sworn Financial Statement using the Supreme Court approved form (Form 35.2).

(b) Income Tax Returns (Most Recent 3 Years). The personal and business federal income tax returns for the three years before filing of the petition or post-decree motion. The business returns shall be for any business in which a party has an interest entitling the party to a copy of such returns. Each return shall include all schedules and attachments, such as W-2s, 1099s, and K-1. If a return is not completed at the time of disclosure, include the documents necessary to prepare the return, such as W-2s, 1099s, and K-1s, copies of extension requests, and the estimated amount of tax payments. If a decree has been entered within the last three years, only those returns filed since entry of the decree need be provided.

(c) Personal Financial Statements (Last 3 Years). All personal financial statements, statements of assets or liabilities, and credit or loan applications prepared during the last three years. If a decree has been entered within the last three years, only those statements/applications prepared since entry of the decree need be provided.

(d) Business Financial Statements (Last 3 Years). For every business in which a party has access to financial statements, the last three fiscal years’ financial statements, all year-to-date financial statements, and the same periodic financial statements for the prior two years. If a decree has been entered within the last three years, only those statements prepared since entry of the decree need be provided.

(e) Real Estate Documents. The title documents and all documents stating value of all real property in which a party has a personal or business interest. This section shall not apply to post-decree motions unless so ordered by the Court.

(f) Personal Debt. All documents creating debt, and the most recent debt statements showing the outstanding balance and payment terms. This section shall not apply to post-decree motions unless so ordered by the Court.

(g) Investments. The most recent account statements or other documents identifying each investment in which a party has any personal or business interest, and stating its current value.

(h) Employment Benefits. The most recent account statements or other documents identifying each employment benefit of a party, and stating the current value.

(i) Retirement Plans. The most recent documents identifying each retirement plan of which a party is a beneficiary, and stating the current value, and the Summary Plan Descriptions. This section shall not apply to post-decree motions unless so ordered by the Court.

(j) Bank/Financial Institution Accounts. The most recent account statements identifying each account of a party at banks and other financial institutions, and stating the current value.

(k) Income Documentation. For each income source of a party in the current and prior calendar year, including income from employment, investment, government programs, gifts, trust distributions, prizes, and income from every other source, pay stubs, a current income statement, and the final income statement for the prior year. Each self-employed party shall provide a sworn statement of gross income, business expenses necessary to produce income, and net income for the three months before filing of the petition or post-decree motion.

(l) Employment and Education-Related Child Care Documentation. Any documents that show a party’s average monthly employment-related child care expense, including child care expense related to the party’s education and job search. This section shall apply only if child support is an issue.

(m) Insurance Documentation. All life, health, and property insurance policies and current documents that show beneficiaries, coverage, cost (including the portion payable to provide health insurance for child(ren)), and payment schedule. The section shall not apply to post-decree motions unless either so ordered by the Court or, if child support is an issue, the policy and cost information regarding the child(ren) shall be provided.

(n) Extraordinary Child(ren)’s Expense Documentation. All documents that show average monthly expense for all recurring extraordinary child(ren)’s expenses. This section shall apply only if child support is an issue.

(o) Unless so ordered by the Court, these mandatory disclosures shall not apply to post-decree motions that raise only issues of decision-making and parenting time.

Disclosure Acknowledgment

Please provide the following information to acknowledge receipt and completion of mandatory disclosures.

Signature

Date

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What the Colorado Mandatory Disclosure Form 35.1 Is and when it matters

The Colorado Mandatory Disclosure Form 35.1 is a standardized property-disclosure document used in Colorado real estate transactions to record the seller's known material facts about a residential property. It collects information on property condition, environmental hazards, improvements, and any known defects that could affect value or habitability. Brokers and title companies commonly rely on the completed form during listing and contract stages to inform buyers and limit post-closing disputes. Because disclosure obligations interact with sales contracts and state law, sellers and agents typically complete Form 35.1 as part of pre-contract due diligence.

Why accurate completion of Form 35.1 matters

A complete, accurate Colorado Mandatory Disclosure Form 35.1 reduces post-closing disputes, documents seller knowledge at the time of sale, and supports clear communication between parties. Proper disclosures protect buyers and reduce legal risk for sellers and brokers by creating a contemporaneous record of known property conditions.

Why accurate completion of Form 35.1 matters

Who commonly completes and relies on Form 35.1

The form is most often completed by sellers with assistance from listing brokers; other parties also reference it during the transaction.

  • Sellers and owners completing factual property statements prior to listing or contract exchange.
  • Listing brokers reviewing disclosures to advise sellers and share with prospective buyers.
  • Buyers, inspectors, and title agents using disclosures to guide inspections and underwriting.

Timely completion and reviewer acknowledgment help reduce post-closing claims and support smoother closings for all parties.

Core sections to expect on a professional Form 35.1

A well-organized Colorado Mandatory Disclosure Form 35.1 separates factual items, yes/no checklists, narrative explanations, and signature blocks so reviewers can quickly find required information.

Property Details

Street address, legal description, parcel or tax ID, and utility providers. Accurate identifiers link the disclosure to title and closing documents and prevent misfiling.

Occupancy & Use

Current occupancy, rental status, and any known unauthorized uses. Disclosure of tenants, leases, or encroachments affects buyer due diligence and possession timing.

Known Defects

Specific disclosures about structural, roof, plumbing, electrical, HVAC, or foundation issues the seller knows about. Detail and dates improve clarity for inspections.

Environmental Conditions

Known hazards such as radon, lead-based paint (if applicable), asbestos, mold, or prior petroleum contamination. State and federal laws may require separate notices.

Improvements & Permits

List unpermitted work, recent renovations, and whether permits were obtained. Unpermitted improvements can affect lending, insurance, and title transfer.

Signatures & Dates

Seller signature, printed name, date, and broker acknowledgment. Signature fields establish attribution and record retention obligations for the transaction file.

Essential data elements to include

Seller Name: Full legal name(s)
Property Address: Street, city, state, ZIP
Tax Parcel: County parcel or tax ID
Known Defects: Brief factual list
Improvement Dates: Year completed
Signature Date: MM/DD/YYYY format

Step-by-step: completing Form 35.1 from listing to closing

Follow this ordered checklist to prepare, verify, and preserve the completed disclosure within the transaction file.

  • 01
    Prepare draft: Gather title, permit, and inspection records before answering.
  • 02
    Complete fields: Answer truthfully, use MM/DD/YYYY for dates.
  • 03
    Seller review: Seller reads and confirms responses before signing.
  • 04
    Attach exhibits: Include inspection reports or permit receipts if referenced.

How the disclosure exchanges within a typical transaction

The disclosure moves from seller to listing broker to buyer and then remains in the closing package; each step creates a record for the transaction.

  • Seller completes: Seller fills form with seller and broker input.
  • Broker reviews: Broker confirms completeness and dates.
  • Buyer receives: Buyer reviews before inspection contingency removal.
  • File retention: Final signed copy placed in closing and retention files.

How to configure an online completion workflow

Set the document up to collect signatures, required fields, and audit data to support enforceability and retention.

Field Configuration
Required Fields Make seller name, address, defects, and signature required
Authentication Use email + SMS or KBA for higher assurance
Routing Order Seller → Broker → Buyer or simultaneous delivery
Audit Trail Capture IP, timestamps, and version history

Digital delivery, integrations, and file formats

Choose a platform that supports PDF/DOCX upload, audit trails, and common integrations for real estate workflows.

  • Supported Formats: PDF, DOCX, HTML, Excel
  • Common Integrations: MLS, CRM, title software
  • Authentication Options: Email, SMS, KBA, or SAML SSO

Platforms with integrations to systems like Salesforce, NetSuite, Microsoft 365, and Procore streamline routing and storage; choose features that match brokerage processes.

Timing considerations when issuing or updating Form 35.1

Disclosures should be completed early and updated when material facts change; timing affects inspection contingencies and closing conditions.

At Listing:

Complete prior to public listing or buyer showings

Before Offer:

Provide to prospective buyers on request

Prior to Contract:

Buyer should review before removing contingencies

If Facts Change:

Update and re-serve updated disclosure promptly

Closing Package:

Include final signed disclosure in closing documents

Key milestones in a disclosure-driven closing timeline

Track these sequential milestones so disclosures, inspections, and contract deadlines align with the sale process.

01

Listing Prepared

Seller completes initial disclosure and attaches known records

02

Buyer Review

Buyer receives and orders inspections based on disclosure

03

Contract Exchange

Disclosure referenced in contract and contingency triggers

04

Final Closing

Signed disclosure included in the closing packet and retained

Common mistakes to avoid when preparing Form 35.1

  • Leaving blanks in required fields instead of entering 'Unknown' creates ambiguity and potential dispute.
  • Using vague language like 'may be' rather than specific, dated observations complicates inspections and buyer reliance.
  • Failing to attach referenced reports or permit documentation weakens the disclosure's usefulness and increases follow-up requests.
  • Not updating the form when material facts change between signing and closing can lead to rescission claims or repairs after sale.

Risks and potential consequences of incorrect or missing disclosures

Contract Rescission: May permit buyers to cancel
Monetary Damages: Potential compensatory claims
Title Issues: Undisclosed defects can delay closing
Insurance Denial: Claims may be contested
Broker Liability: Agent exposure for negligent advice
Regulatory Penalties: State disciplinary or civil fines

Real-world examples of digital disclosure workflows

Practical examples show how sellers and brokerages complete and store disclosures using online workflows.

Optica Ventures LLC

A small brokerage standardized online disclosures to streamline listings and reduce follow-up.

  • The team automated required fields and attached inspection PDFs for every file.
  • Brian Fitzgibbons, COO, reports easier reviewer access and quicker buyer reviews while maintaining record continuity for audits.

Martin Properties

A regional brokerage used digital signatures to close remotely on multiple listings.

  • Signatures were collected across devices with a complete audit trail.
  • Tim Martin, Founder, notes the process enabled compliant remote closings and reduced time to finalize offers while preserving signed disclosure records.

Typical eSignature vendor pricing and feature snapshot for disclosure workflows

This concise comparison shows starting price and key capabilities relevant to signing and storing disclosure documents; signNow is listed first per vendor ordering rules.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day trial 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

Frequently asked questions about Colorado Mandatory Disclosure Form 35.1

Answers to common questions on completion, e-signature validity, retention, and corrections for Form 35.1.


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