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Topical Index | |||||
Chapter | |||||
active/inactive licenses | |||||
Statute: 12-61-109(4) | no acts after employment terminated | 1 | |||
Rule: | C-26 | broker license may be issued inactive | 2 | ||
D-2 | license may be inactive until request active | 2 | |||
D-3 | inactive license must be renewed | 2 | |||
D-5 | inactive renewal notice mailed to last known address | 2 | |||
E-44 | actions prohibited after inactive | 2 | |||
address (change of) | |||||
Statute: 12-61-103(2) | must maintain place of business | 1 | |||
12-61-109(1) | change of business location, cancellation | 1 | |||
12-61-113(1)(k) | disciplinary actions | 1 | |||
Rule: | C-2 | resident must maintain a practice available to public | 2 | ||
D-9 | fees are required to change business address | 2 | |||
adverse possession | |||||
Statute: 38-41-101 | limitation of eighteen years | 6 | |||
advertising (also see tradenames) | |||||
Statute: 12-61-103(10) | only licensed name | 1 | |||
12-61-113(1)(c) | false advertising | 1 | |||
12-61-113(1)(c.5) | violation Colorado Consumer Protection Act | 1 | |||
24-34-701 | discrimination | 26 | |||
Rule: | C-18 | may use a trade name | 2 | ||
C-19 | guidelines for use of a trade name | 2 | |||
C-20 | different businesses cannot have identical names | 2 | |||
C-21 | individual proprietor may not adopt a trade name | 2 | |||
E-2 | advertising fees | 2 | |||
E-8 | advertising in broker’s name, broker owned & sale recaps | 2 | |||
E-20 | authority | 2 | |||
E-27 | misrepresentation | 2 | |||
Position statement: | referral fees and advertising services | 3 | |||
General Information: | truth in lending (Reg. Z) | 17 | |||
affiliated business arrangements | |||||
Statute: | 12 U.S.C. § 2607 | prohibition against kickbacks and unearned fees | 24 | ||
12-61-113.2 | prohibition of certain referrals | 24 | |||
10-11-124 | affil. bus. arrang., investig. info. shared with DORA | 24 | |||
Rule: | E-22 | inducements to/from title insurance prohibited | 24 | ||
E-46 | affiliated business arrangements | 24 | |||
application (see Licensing Requirements) | |||||
Index | |||||
Topical | |||||
Topic Index-1 | |||||
Topical Index
Colorado Real Estate Manual | |||
appraisal | |||
Statute: | 12-61-701 | legislative declaration | 10 |
12-61-702 | definitions | 10 | |
12-61-703 | board of real estate appraisers | 10 | |
12-61-704 | powers and duties of the board | 10 | |
12-61-705 | fees, penalties and fines collected | 10 | |
12-61-706 | qualifications for appraiser’s license and certification | 10 | |
12-61-707 | expiration of licenses | 10 | |
12-61-708 | licensure or certification by endorsement | 10 | |
12-61-709 | denial of license or certificate | 10 | |
12-61-710 | prohibited activities | 10 | |
12-61-711 | judicial review | 10 | |
12-61-712 | unlawful acts | 10 | |
12-61-713 | injunctive proceedings | 10 | |
12-61-714 | requirements for appraisers to be licensed – special provisions | 10 | |
12-61-715 | duties of board under federal law | 10 | |
12-61-716 | business entities | 10 | |
12-61-717 | provisions found not to comply | 10 | |
12-61-718 | scope of article | 10 | |
General information: | concept, methods, market data | 10 | |
Board rules – appraisers: | 10 | ||
Broker rule E-42: | comparative analysis by brokers | 2 | |
Position statement CP24: | market analysis & evals for loan purposes | 3 | |
CP-30 | Seller-Assisted Down Payments | 3 | |
associations (see Common Interest Ownership and Condominiums) | |||
assumptions | |||
General information | 18 | ||
Assumption settlement | 19 | ||
attorney in fact (see power of attorney) | |||
auctioning | |||
Statute: | 12-61-101(2)(f) | requires license | 1 |
Position Statement CP26: | services requiring licensure | 3 | |
branch offices | |||
Statute: | 12-61-103 (2) | more than one place of business | 1 |
Rule: | C-3 | available to manage | 2 |
E-1(s) | trust account | 2 | |
broker (definitions and responsibilities) (see also brokerage relationships) | |||
Statute: 12-61-101 | definition | 1 | |
12-61-102 | license required | ||
12-61-103(2) | place of business | 1 | |
12-61-104 | licenses | 1 | |
12-61-109 | change of license status | 1 | |
12-61-113 | causes for investigation and discipline | 1 | |
12-61-118 | broker liability | 1 | |
Topic Index-2 |
Topical Index | |||
12-61-802 | definitions | 1 | |
12-61-803 | relationships between the broker and the public | 1 | |
12-61-804 | single agent engaged by seller or landlord | 1 | |
12-61-805 | single agent engaged by buyer or tenant | 1 | |
12-61-806 | dual agency prohibited | 1 | |
12-61-807 | transaction broker | 1 | |
12-61-808 | broker disclosures | 1 | |
12-61-809 | duration of relationships | 1 | |
12-61-810 | compensation | 1 | |
12-61-811 | violations | 1 | |
Rule: | C-2 | brokerage practice available to public | 2 |
C-3 | supervision | 2 | |
C-16 | lending a license | 2 | |
E-1 | money belonging to others | 2 | |
E-4 | copies to principals | 5 | |
E-30 | responsibilities, policy manual and supervision | 2 | |
E-31 | supervision of licensees with 2 or more years experience | 2 | |
E-32 | high level of supervision of inexperienced licensees | 2 | |
E-33 | ministerial tasks | 2 | |
E-38 | office policy procedures for designated brokerage | 2 | |
E-39 | office policy regarding brokerage relationships | 2 | |
E-40 | double-ended brokerage relationships | 2 | |
Position statement CP21: | office policy manual/supervision | 3 | |
General Information: | planning and zoning knowledge | 4 | |
responsibility | 14 | ||
qualifying the buyer | 15 | ||
maintaining trust accounts | 19 | ||
Broker associate (also see employed licensee) | |||
Statute: 12-61-109(2) | employee | 1 | |
Brokerage relationships (also see disclosure) | |||
Statute: 12-61-101(3) | employee | 1 | |
12-61-113(1)(e) | employed licensee acts in name of employer | 1 | |
12-61-203.5 | interference with brokerage relationship | 1 | |
12-61-801 et seq | brokerage relationships | 1 | |
Rule: | E-10 | employed licensees are not independent | 2 |
E-33 | ministerial tasks | 2 | |
Position statement: | agreements between broker and salesperson | 3 | |
General Information: | definition, duties and liabilities | 14 | |
listings | 15 | ||
bulk transfers (See Uniform Commercial Code) | |||
business opportunities | |||
Statute: 12-61-101(2)(i) | license required | 1 | |
Atty Gen’l. opinion: | license required | 5 | |
Rule F Conway-Bogue – no forms for | 5 | ||
General Information: | matters to consider | 23 |
Topic Index-3
Colorado Real Estate Manual | |||
buyer agency | |||
Statute: 12-61-101(2) | definition | 1 | |
12-61-802 | definitions | 1 | |
12-61-803 | relationships between brokers and the public | 1 | |
12-61-805 | single agent engaged by buyer or tenant | 1 | |
12-61-808 | broker disclosures | 1 | |
12-61-809 | duration of relationships | 1 | |
12-61-810 | compensation | 1 | |
12-61-811 | violations | 1 | |
Rule: | E-39 | office policy regarding brokerage relationships | 2 |
E-34 | presentation of offers | 2 | |
F-7 | forms index; approved forms | 28 | |
General Information: | relationship with buyer | 14 | |
listings | 15 | ||
buy outs (also see disclosure) | |||
Rule: | F-7 | forms index; approved form | 28 |
Position statement CP23: | licensee buy-out agreement | 3 | |
case laws and opinions | |||
General Information: | significant Colorado cases | 5 | |
civil rights (also see fair housing) | |||
Statute: | 12-61-113(1)(m .5) | violation of fair housing laws cause for revocation | 1 |
24-34-301 et seq | Colorado Civil Rights | 26 | |
General Information: | Federal law | 26 | |
Americans with Disabilities Act | 25 | ||
closings | |||
Statute: 6-1-105(1)(v) | good funds | 27 | |
Statute: 12-61-113(1)(h) | failure to provide closing statement | 1 | |
38-35-125 | good funds | 9 | |
Rule: | E-4 | copies of documents | 2 |
E-5 | responsibility for closing | 2 | |
E-5 (f) | trans funds prior to closing | 2, 20 | |
E-14 | advise attorney | 2 | |
E-36 | good funds | 2 | |
E-37 | closing fees | 2 | |
F-7 | forms index, approved forms | 2, 28 | |
Position statement CP7: | closing costs | 3 | |
good funds joint position with division of insurance | 3, 9 | ||
Case Law: | Conway Bogue vs. Denver Bar | 5 | |
General Information: | good funds, closing instructions, etc. | 9, 20 | |
example closings | 19 | ||
RESPA | 19 | ||
tax withholding | 25 | ||
good funds (6-1-105(1)C.R.S.) | 27 |
Topic Index-4
Topical Index | |||
Colorado affordable housing program | |||
Position statement: | trust account interest/housing fund | 3 | |
General Information: | account for community affordable housing programs | 20 | |
Rule: | F-7 | forms index, contract to buy and sell real estate | 28 |
commissions (see fees) | |||
common interest communities | |||
Statute: 38-33.3-101 | Colorado Common Interest Ownership Act | 4 | |
General Information: | as a subdivision | 4 | |
type of ownership | 6 | ||
common interest community addendum to buy/sell | 28 | ||
common interest community disclosure | 27 | ||
management of common interest associations | 20 | ||
condominiums | |||
Statute: 38-32-101 | estates above the surface | 4 | |
38-33-101 | condominium act | 4 | |
38-33.3-101 | Colorado Common Interest Ownership Act | 4 | |
General Information: | as a subdivision | 4 | |
type of ownership | 6 | ||
common interest community addendum to buy/sell | 28 | ||
common interest community disclosure | 27 | ||
condominiums as securities | 17 | ||
management of common interest associations | 20 | ||
conservation easements | |||
Statute: 12-61-719 | conservation easement appraisals | 11 | |
12-61-720 | certification of conservation easement holders | 11 | |
12-61-721 | conservation easement oversight commission | 11 | |
24-33-112 | conservation easement holders | 11 | |
continuing education | |||
Statute | 12-61-110 (4)(a) | requirement to renew active license | 1 |
12-61-110.5 | 12 hr. core, Rule 260, auth. topics, 1st yr. exempt | 1 | |
Rule: | B-1 | when required | 2 |
B-2 | methods | 2 | |
B-3 | Commission Update course standards | 2 | |
B-4 | distance learning permitted | 2 | |
B-5 | unacceptable courses | 2 | |
B-6 | courses exempt from pre-approval | 2 | |
B-7 | courses requiring Commission approval | 2 | |
B-8 | administrative rules for course approval | 2 | |
B-9 | term of course approval | 2 | |
B-10 | proof of course completion | 2 | |
B-11 | provider must maintain records | 2 | |
B-12 | update course approval application process | 2 | |
B-13 | commission course audits | 2 | |
B-14 | renewal, activation or reinstatement attests to compliance | 2 |
Topic Index-5
Colorado Real Estate Manual | |||
contracts (and forms) | |||
Statute: 12-61-113(1)(h) | copies to principals | 1 | |
Rule: | E-4 | copies to principals | 2 |
E-13 | deal directly with broker | 2 | |
E-34 | present to listing agent | 2 | |
F-1 through F-7 | use of approved forms | 28 | |
Position statement CP8: | assignment of contracts | 3 | |
CP25 | recording | 3 | |
Case Law: | Conway-Bogue, summary | 5 | |
General Information: | matters to be considered | 16 | |
Right-to-sell, right-to-buy | 15 | ||
cooperating broker (also see disclosure) | |||
Statute: 12-61-802 | definitions | 1 | |
12-61-803 | relationships between the broker and the public | 1 | |
12-61-808 | broker disclosures | 1 | |
12-61-809 | duration of relationships | 1 | |
12-61-810 | compensation | 1 | |
12-61-811 | violations | 1 | |
Rule: | E-1(0) | delivery of contract and earnest money | 2 |
E-4 | duplicate records | 2 | |
E-5 | prepare closing statement | 2 | |
E-39 | office policy regarding brokerage relationships | 2 | |
Position statement CP9: | record-keeping | 3 | |
CP28: | showing properties | 3 | |
General Information: | agency | 14 | |
listings | 15 | ||
cooperative housing (also see subdivisions) : | |||
Statute: 12-61-401 | defined as Subdivision | 4 | |
38-33.5-101 | formation | 4 | |
38-33.5-102 | requirements | 4 | |
38-33.5-103 | provisions for taxes | 4 | |
38-33.5-104 | financing and stock | 4 | |
38-33.5-105 | provisions in lease | 4 | |
38-33.5-106 | exempt from securities law | 4 | |
General information: | registration required | 4 | |
corporations / partnerships / limited liability co. | |||
Statute: 12-61-103(7)(a-b-c) | requirements for licensure | 1 | |
12-61-103(9) | fictitious name | 1 | |
12-61-107(2) | service of process | 1 | |
12-61-113(2) | responsibility | 1 | |
Rule: | A-26 | temporary broker | 2 |
C-16 | loss of authority | 2 | |
C-17 | name of corporation | 2 | |
C-22 | employing broker qualifications for | 2 | |
C-25 | broker’s termination of employment | 2 | |
Position statement CP18: | payments to a wholly owned employee’s corporation | 3 | |
General Information: | tax treatment of business entities | 25 |
Topic Index-6
Topical Index | ||||
counterproposal | ||||
Rule: | F-7 | forms index; approved form | 28 | |
General Information: | elements | 16 | ||
deeds | (also see trust deeds): | |||
Rule | F-7 | forms index; approved trust deed form | 28 | |
Case law: warranty deed not covered by Rule F | 5 | |||
General Information: | deeds | 8 | ||
types of interest in land | 6 | |||
disclosure | ||||
Statute: | 6-1-105(1)(u) | deceptive trade practice | 27 | |
12-61-113(1)(d) | acting for more than one party | 1 | ||
12-61-113(1)(q)&(r) | profits/buy-out | 1 | ||
12-61-807(2) | by transaction brokers | 1 | ||
12-651-808 | broker disclosures | 1 | ||
38-35.5-101 | stigmatized property | 27 | ||
38-35.7-102 | Common Interest Community | 27 | ||
38-35.7-101 | special district disclosure language | 25 | ||
32-1-1601 | special districts | 25 | ||
38-35.7-103 | Disclosure - methamphetamine laboratory | 25 | ||
Rule: | E-25 | disclosure of licensure | 2 | |
E-35 | brokerage relationship disclosure required | 2 | ||
E-39 | office policy regarding brokerage relationships | 2 | ||
E-41. | Change of status disclosure in writing | 2 | ||
F-7 | forms index; seller’s property disclosure forms | 28 | ||
F-7 | forms index; brokerage relationship disclosure forms | 28 | ||
F-7 | forms index; lead-based paint disclosure forms | 28 | ||
discrimination (see fair housing) | ||||
easements (see interest in land) | 6 |
earnest money deposits (also see trust accounts and see record keeping)
Statute: 12-61-113(1)(f) | custody of broker | 1 | |
12-61-113(1)(g) | failing to account | 1 | |
Rule: | E-1 | place in separate trust accounts | 2 |
E-1(m) | checks and notes/terms and conditions | 2 | |
E-1(n) | deposit 1st day after received | 2 | |
E-1(o) | deliver deposit to listing broker | 2 | |
E-1(o) | checks and notes payable to broker | 2 | |
E-1(g) | defined as money belonging to others | 2 | |
E-1(r) | deposits in lieu of cash | 2 | |
E-5(f) | transfer of funds | 2 | |
E-15 | no broker right to deposit if seller defaults | 2 | |
F-7 | forms index; promissory notes | 28 | |
F-7 | forms index; release of earnest money | 28 | |
Position statement CP6: | release of earnest money deposit/dispute | 3 | |
CP8: | assignment of earnest money deposit | 3 | |
General Information: | disputes, amount, cautions | 16 |
Topic Index-7
Colorado Real Estate Manual | |||
education | |||
Statute | 12-61-103 (4) | pre-license requirements | 1 |
12-61-103 (6) (c) | brokerage administration | 1 | |
12-61-103.5 (2) (b) | broker transition course | 1 | |
Rule | A-17 | pre-license education course hours | 2 |
A-23 | acceptable education principles required | 2 | |
A-23.5 | distance learning approval standards | 2 | |
A-24 | commission has course approval/audit authority | 2 | |
employed licensees (definition and responsibilities) | |||
Statute: 12-61-101(2) | acts requiring license | 1 | |
12-61-102 | license required | 1 | |
12-61-103(9) | no trade name, woman can use maiden name | 1 | |
12-61-103(10) | licensed under one name | 1 | |
12-61-109(1-4) | changing employing broker | 1 | |
12-61-113 | acts subject to investigation | 1 | |
12-61-113(1)(k) | responsible for adherence to all laws | 1 | |
12-61-117 | payment only from employing broker | 1 | |
Rule: | D-7 | payment from previous broker | 2 |
D-9 | fees required for change of employment | 2 | |
E-10 | license not transferable | 2 | |
E-17 | must report legal proceeding involvement | 2 | |
Position Statement CP15: | sale of items other than real estate | 3 | |
Case Law: | Commission jurisdiction acting on own account (Seibel) | 5 | |
General Information: | brokerage relationships | 14 | |
considerations in contracting | 16 | ||
equity skimming (also see Foreclosure) | |||
Statute: 18-5-802. | Equity skimming of real property. | 27 | |
6-1-1111 | Equity purchasers (during foreclosure) | 27 | |
errors and omissions insurance | |||
Statute: 12-61-103.6. | errors and omissions insurance required | 1 | |
Rule: | D-14 | requirements and terms | 2 |
escrow account (see trust accounts) | |||
estates (see interest in land) | |||
exchange | |||
Statute: 12-61-101(2) | license required | 1 | |
Rule: | F-7 | forms index; approved exchange contract/addendum | 28 |
General Information: | working with both sides | 15 | |
exemptions (see license exemption) | |||
expired license (see renewal) | |||
extensions (see forms) |
Topic Index-8
Topical Index | |||
fair housing (also see civil rights) | |||
Statute: 12-61-113(1)(m.5) | endanger public | 1 | |
General Information: | Colorado and federal fair housing acts | 26 | |
farm and ranch brokerage | |||
Rule: | F-7 | forms index; vacant land sellers disclosure | 28 |
F-7 | forms index; listing, buy-sell | 28 | |
General Information: | farm and ranch | 22 | |
fees and payments | |||
Statute: 12-61-113(1)(j) | unauthorized payment | 1 | |
12-61-113(1)(q) | undisclosed fees | 1 | |
12-61-113.2 | prohibition of certain referrals | 24 | |
12-61-117 | payment only from broker | 1 | |
12-61-201 | commission only when purchase consummated/defeated | 1 | |
12-61-202 | no commission entitlement if title defect | 1 | |
12-61-203.5 | referral fees | 1 | |
12-61-810 | compensation | 1 | |
Rule: | E-1 (f)(6) | when earned | 2 |
E-2 | non-refundable retainer fees | 2 | |
E-15 | no broker right to deposit if seller defaults | 2 | |
E-18 | fees from mortgage lenders | 2 | |
E-19 | fees from title company prohibited | 2 | |
E-22 | inducements to/from title insurance prohibited | 2 | |
E-23 | payment to out-of-state broker | 2 | |
E-28 | fees from pre-owned home warranty company | 2 | |
Position statement: CP10 | compensation between broker and salesperson | 3 | |
CP11 | assignment of commission | 3 | |
CP12 | rebating - payments to buyer or seller | 3 | |
CP18 | payment to wholly owned employee’s corporation | 3 | |
General Information: | broker compensation | 15 | |
broker finances commissions | 17 | ||
financing | |||
General Information: | qualifying the buyer | 16 | |
types, sources, methods | 17 | ||
dual contracting | 17 | ||
equity skimming | 17 | ||
standard for servicing mortgages | 17 | ||
foreclosure(also see trust deeds) | |||
Statute | 6-1-1101. | "Colorado Foreclosure Protection Act" | 27 |
6-1-1104. | Foreclosure consulting services | 27 | |
6-1-1111 | Equity purchasers | 27 | |
forms(see contracts) | |||
good funds (see closings) |
Topic Index-9
Colorado Real Estate Manual
homestead exemption
Statute: | 38-41-201 | exemption from debt | 6 |
improvement location certificate (see survey)
inactive license (see active / inactive)
individual proprietor | |||
Rule: | C-1 | sole owner | 2 |
C-16 | lending a license | 2 | |
C-21 | tradename may not be corporate | 2 | |
installment land contract | |||
Statute: 12-61-113(1)(h) | copies to principals | 1 | |
38-35-126 C.R.S | property tax and notice of transfer requirements | 16 | |
Rule: | E-1(k) & (l) | escrow money | 2 |
S-23(L) | when used by registered developer | 4 | |
General Information: | elements | 16 | |
method of financing | 17 | ||
a security device | 18 | ||
interests in land | |||
General Information: | types of estates and easements | 6 | |
landlord / tenant | |||
General Information: | elements and types of leases, security deposits | 21 | |
accounting | 20 | ||
leases (also see property management) | |||
Rule | F-7 | forms index; excl right-to-lease | 28 |
Case law: | leases not covered by Rule F | 5 | |
General Information: | elements and types | 21 | |
license exemption | |||
Statute: 12-61-101(2)(i) | business opportunity | 1 | |
12-61-101(2)(j) | apartment locators | 1 | |
12-61-101(4) | exempt activities | 1 | |
Rule: | C-24 | apartment manager | 2 |
new homebuilder | 3 | ||
Case law: | business opportunity | 5 | |
license required | |||
Statute: 6-1-105(1)(z) | deceptive trade practice - failure to obtain license | 27 | |
12-61-101 | definition of agent | 1 | |
12-61-102 | license required | 1 | |
12-61-119 | acting without license | 1 | |
Rule: | I | declaratory orders | 2 |
Case law: | business opportunity | 5 | |
General Information: | theory of regulation | 14 |
Topic Index-10
Topical Index | |||
license requirements (application for license) | |||
Statute: 12-61-103 | education and experience requirements | 1 | |
12-61-108.5 | publication of school pass rates | 1 | |
12-61-113(1)(p) | procuring license by fraud | 1 | |
Rule: | A-2 | education and experience must precede application | 2 |
A-3 | instructor exams, exam applicant qualified | 2 | |
A-8 | must apply within 1 year of passing exam | 2 | |
A-9 | license must issue w/I 10 days | 2 | |
A-10 | denial of application | 2 | |
A-11 | previously licensed in another jurisdiction | 2 | |
A-12 | prior convictions, felony, misdemeanors | 2 | |
A-13 | proof of education | 2 | |
A-14 | no active salesperson license after 2000 | 2 | |
A-16 | fingerprints must be submitted | 2 | |
A-20 | reason for denial | 2 | |
A-25 | bad check voids application | 2 | |
E-24 | procure license by fraud | 2 | |
liens (see trust deeds) | |||
listings | |||
Statute: 12-61-113(l)(h) | copies to principals | 1 | |
Rule: | E-4 | copies to principals | 2 |
E-11 | definite date of termination | 2 | |
E-12 | holdover agreement | 2 | |
E-13 | sign-crossing rule | 2 | |
F-7 | forms index; approved forms | 28 | |
Position statement CP3: | sign-crossing rule (E-13) | 3 | |
CP28 | showing properties | 3 | |
CP13 | single party listing | 3 | |
General Information: | types, responsibility, etc. | 15 | |
loan fraud | |||
Statute: 18-4-401. | Theft | 12 | |
13-21-125. | Civil actions for theft in the mortgage lending process | 12 | |
18-5-208. | Dual contracts to induce loan. | 12 | |
misrepresentation | |||
Statute: 12-61-113(1)(a) | committing any misrepresentation | 1 | |
12-61-113(1)(b) | influence, induce | 1 | |
12-61-113(1)(c) | false promises | 1 | |
12-61-113(1)(s) | fraud, deceit | 1 | |
Rule: | E-24 | procure license by fraud | 2 |
E-27 | utility, character, services | 2 | |
mobile homes | |||
Statute: 38-12-200.1 | mobile home park act | 27 | |
38-29-101 | Titles to Manufactured Homes Act | 27 | |
24-32-3300 | installation-sellers of manufactured homes | 27 |
Topic Index-11
Colorado Real Estate Manual | |||
Position statement CP14: | sale by real estate licensees | 3 | |
General Information: | 16 | ||
money belonging to others (see trust accounts) | |||
mortgage (see trust deeds and financing) | |||
mortgage servicing | |||
Statute: 38-40-101. | servicing standards | 27 | |
mortgage brokers | |||
Statute: | 12-61-Part 9 | regulation of mortgage brokers | 12 |
38-40-101. | servicing standards | 12 | |
18-4-401. | Theft | 12 | |
13-21-125. | Civil actions for theft in the mortgage lending process | 12 | |
18-5-208. | Dual contracts to induce loan. | 12 | |
non-resident | |||
Statute: 12-61-107 | conditions | 1 | |
Rule: | E-1(a) through (u) | money belonging to others | 2 |
B-3 & 6 | continuing education by correspondence | 2 | |
notaries public | |||
Statute: 12-55-102 | Notaries Public Act | 27 | |
offers (see contracts) | |||
options | |||
Statute: 12-61-101(1.5) | definition option dealer | 1 | |
12-61-101(2)(g) | defined as broker | 1 | |
12-61-102 | license required | 1 | |
12-61-113(l)(r) | acts subject to discipline | 1 | |
General Information: | must have consideration | 16 | |
ownership (see interest in land) | |||
partnership (see corporations) | |||
position statements | |||
Commission positions on various topics | 3 | ||
power of attorney | |||
Statute: 15-1-1301 | statutory form | 27 | |
General Information: | do’s and don’ts | 14 | |
use of a power of attorney | 20 | ||
Form | statutory form | 28 |
Topic Index-12
Topical Index | |||
practice of law (by brokers) | |||
Case law: | Conway-Bogue | 5 | |
summary | 5 | ||
companion decision | 5 | ||
attorney general’s opinion | 5 | ||
promissory notes | |||
Rule: | E-1(l) | payments prior to deed | 2 |
E-1(m) | identify with due date (unsecured) | 2 | |
E-1(r) | held by broker (unsecured) | 2 | |
E-1(o) | delivered with contract | 2 | |
F-7 | forms index; approved forms | 2 | |
General Information: | principal note | 18 |
property management (also see record-keeping and short term occupancy)
Statute: 38-33.3-306 | bonding requirements | 4 | |
38-12-101 | security deposits - wrongful withholding | 21 | |
38-12-501 | Warranty of Habitability Act (residential properties) | 21 | |
12-61-101(2) | acts requiring license defined | 1 | |
12-61-101(4)(l) | exemption | 1 | |
12-61-101(4)(m) | exemption | 1 | |
12-61-102 | license required | 1 | |
12-61-113(1)(g) | funds of others | 1 | |
12-61-113(1)(q) | secret profits or income | 1 | |
Rule: | C-23. | unlicensed on-site manager | 2 |
C-24 | on-site exemption | 2 | |
E-1(g) | money belonging to others (definition) | 2 | |
E-1(n) | money belonging to others (disposition) | 2 | |
E-1(p)(4) | separate record for each tenant | 2 | |
E-1(q) | diversion/conversion prohibited | 2 | |
E-2 | funds for services | 2 | |
E-16 | security deposits | 2 | |
F-7 | forms index; approved forms | 2 | |
Position statement CP5: | advance rentals and security deposits | 3 | |
CP27 | performance of residential property mgmt. functions | 3 | |
CP19 | short-term occupancy | 3 | |
General Information | record-keeping | 20 | |
procedures and accounting | 21 | ||
rebating (see fees) | |||
record-keeping (also see trust accounts) | |||
Statute: 12-61-106(2) | authority to prosecute, conduct audits of accounts | 1 | |
12-61-113(1)(g) | failure to keep records | 1 | |
12-61-113(1)(g.5) | subject to audit | 1 | |
12-61-113(1)(i) | maintain records (4) years | 1 | |
12-61-120 | subpoena of records | 1 | |
12-61-121 | failure to obey subpoena | 1 | |
Rule: | E-1(e) | maintain records | 2 |
E-1(p) | record-keeping system | 2 | |
E-3 | subject to inspection | 2 |
Topic Index-13
Colorado Real Estate Manual | |||
E-4 | copies of closing documents | 2 | |
E-5 | copies of settlement | 2 | |
S-36 | developers must maintain records for inspection | 4 | |
Position statement: | record-keeping | 3 | |
credit union | 3 | ||
General Information: | escrow records/forms | 20 | |
recovery fund | |||
Statute: 12-61-302 | payment out of fund | 1 | |
12-61-303 | simplified procedure | 1 | |
12-61-304 | objection to payment | 1 | |
12-61-305 | burden of proof | 1 | |
12-61-306 | defense against petition | 1 | |
12-61-307 | automatic revocation | 1 | |
12-61-308 | distribution from fund | 1 | |
12-61-309 | subrogation of rights | 1 | |
referrals (see fees) | |||
renewal | |||
Statute: 12-61-110(4)(a) | renewal of license | 1 | |
12-61-110.5 | renewal is subject to continuing education | 1 | |
12-61-103.5 | salespersons must renew as broker | 1 | |
Rule: | A-15 | Criminal history check required prior to renewal | 2 |
D-3 | inactive must renew | 2 | |
D-4 | renewal application | 2 | |
D-5 | inactive mailed to residence | 2 | |
D-6 | active mailed to employing broker | 2 | |
D-11 | 3-year license | 2 | |
D-12 | renewal fees non-refundable | 2 | |
D-13 | reinstatement and activation fees | 2 | |
D-14 | errors and omission insurance required for active license | 2 | |
rental location service | |||
Statute: 12-61-101(2)(j) | license required | 1 | |
12-61-101(2)(j) | license exempt | 1 | |
12-61-113(1.5) | subject to revocation | 1 | |
Rule: | G-2 through G-7 | do’s and don’ts | 2 |
RESPA (see closings) | |||
revocation of license (process and cause for) | |||
Statute: 12-61-105(3) | majority vote | 1 | |
12-61-106(2) | prosecution and enforcement | 1 | |
12-61-110(5) | cancels employees license | 1 | |
12-61-113 | causes for revocation | 1 | |
12-61-114 | process for hearings | 1 | |
12-61-118 | broker liable if aware of violation | 1 | |
12-61-119 | imprisonment and fines | 1 | |
12-61-120 | subpoena of witness and records | 1 |
Topic Index-14
Topical Index | |||
12-61-121 | failure to obey subpoena | 1 | |
12-61-122 | injunctions | 1 | |
12-61-307 | reinstatement restriction – recovery fund payout | 2 | |
Rule: | E-21 | licensee must answer complaint | 2 |
E-24 | licensure by fraud | 2 | |
Case Law: | licensee as principal Seibel vs. CREC | 5 | |
securities and syndications | |||
Statute: 38-33.5-106 | cooperative housing is exempt | 4 | |
General Information: | cooperative housing registration | 4 | |
sale of secured notes | 17 | ||
condominiums as securities | 17 | ||
security deposits (see property management) | |||
short-term occupancy | |||
Statute: 12-61-113(1)(g) | jurisdiction | 1 | |
12-61-113(1)(g.5) | accounts and record | 1 | |
12-61-113(1)(q) | disclosure of profits, fees | 1 | |
Rule: | E-1 | identification of accounts | 2 |
E-1(f) | broker funds and advances by broker for client | 2 | |
E-1(f)(6) | when fees , commissions are earned | 2 | |
E-1(1)(g) | what must be escrowed | 2 | |
E-1(p) | escrow records | 2 | |
E-16 | owner-held security deposits | 2 | |
Position statement CP3: | advance rentals, security deposits | 3 | |
CP19 | short-term occupancy agreements | 3 | |
Case Law: | Seibel vs. Colorado Real Estate Commission | 3 | |
General Information: | trust account records | 20 | |
broker ledger card | 20 | ||
business taxes, licenses | 20 | ||
special districts (see disclosure) | |||
square footage measurement | |||
Rule | E-41 | responsibility for accurate representation | 2 |
F-7 | forms index; approved disclosure form | 28 | |
subdivisions (also see timeshare, condominium, cooperative housing) | |||
Statute: 12-61-122 | injunction powers | 4 | |
12-61-401(3)(a)&(b) definition of developer and subdivision | 4 | ||
12-61-401(3)(b)(II) | exemption from definition of subdivision | 4 | |
12-61-402(1) | registration required | 4 | |
12-61-402(2) | reservation agreements permitted ,approval required | 4 | |
12-61-403 | registration information required | 4 | |
12-61-404 | registration, issue, renewal | 4 | |
12-61-405 | refusal, revocation, suspension | 4 | |
12-61-405 | rescission right | 4 | |
12-61-406 | injunctions, powers and receivership | 4 | |
12-61-406(3) | commission may require any disclosures | 4 |
Topic Index-15
Colorado Real Estate Manual | |||
12-61-406(4) | commission may audit owner associations | 4 | |
12-61-407 | failure to register is a felony , agreements are voidable | 4 | |
38-33.5-101 | cooperative housing | 4 | |
38-33.3-101 | Colorado Common Interest Ownership Act | 4 | |
Rule: | S-1 | real estate license required | 4 |
S-2 | seller must register | 4 | |
S-3 | officer or director must apply | 4 | |
S-4 | general partner must apply | 4 | |
S-5 | joint owner must apply | 4 | |
S-7 | issue or refuse (60 days) | 4 | |
S-8 | additional information extended (60 days) | 4 | |
S-11 | change of address | 4 | |
S-12 | written answer to complaint | 4 | |
S-14 | failure to respond | 4 | |
S-17 | information required for registration | 4 | |
S-20 | uncompleted project | 4 | |
S-21 | additional information required | 4 | |
S-22 | renewal | 4 | |
S-23 | disclosure requirements | 4 | |
S-24 | exchange program disclosure | 4 | |
S-25 | renewal of reservation agreement | 4 | |
S-26 | audited financial statement | 4 | |
S-27 | adverse order, judgment, decree | 4 | |
S-28 | continuing duty to disclose encumbrance | 4 | |
S-29 | misrepresent future services | 4 | |
S-30 | delivery of deed | 4 | |
S-31 | delivery of title insurance policy | 4 | |
S-32 | provide title insurance commitment | 4 | |
S-33 | declaratory orders | 4 | |
S-35 | disclose services | 4 | |
S-36 | must maintain records for Commission review | 4 | |
General Information | jurisdiction | 4 | |
licensee’s responsibilities | 4 | ||
types of subdivisions | 4 | ||
suits | |||
Statute: | 12-61-113(1)(m) | cause for license revocation | 1 |
required to inform Commission | 1 | ||
Rule: | E-17 | notify Commission | 2 |
survey (land descriptions) types, methods, distinctions | 7 | ||
taxation | |||
tax factors in real estate | 25 | ||
withhold % of proceeds from non-residents | 25 | ||
property transfer declaration form 27 | |||
property taxes | 18 | ||
Colorado Use Tax | 23 | ||
time share (also see subdivision) | |||
Statute: | 12-61-401(3)(b) | Commission jurisdiction | 4 |
Topic Index-16
Topical Index | |||
12-61-401(4) | definition | 4 | |
38-33-110 | definition | 4 | |
38-33-111 | special provisions in declaration | 4 | |
38-33-112 | conversion | 4 | |
38-33-113 | selling requires license | 4 | |
6-1-105(1)(s),(z) | consumer protection act recession rights | 27 | |
General Information: | types of ownership interest | 6 | |
title (evidence of title) | |||
Statute: 12-61-203 | when owner must perfect title | 1 | |
General Information: | abstract, title insurance, Torrens | 9 | |
title insurance | |||
Statute: 12-61-113.2. | Affiliated business arrangements | 1 | |
Rule: | E-19 | fees from title company prohibited | 2 |
E-22 | no incentive or disincentive | 2 | |
E-36 | disburse funds as agent | 2 | |
E-37 | prepare documents as agent | 2 | |
F-7 | forms index – approved closing instructions | 28 | |
Position statement CP7: | closing costs | 3 | |
Case Law: | Denver Bar vs. Title Guaranty Company | 5 | |
General Information: | Div. of Insurance Standards of Conduct | 9 | |
good funds | 9 | ||
tradenames | |||
Statute: 12-61-103(9) | not allowed, except maiden name | 1 | |
Rule: | C-16 | license not transferable | 2 |
C-17 | may not duplicate revoked licensee | 2 | |
C-18 | must use trade or entire name | 2 | |
C-19 | use and restrictions | 2 | |
C-20 | identical names prohibited | 2 | |
C-21 | individual proprietorship may not be corporate | 2 | |
transfers (see employed licensees) |
trust accounts (also see record-keeping , earnest money, property management, and short term management)
Statute: 12-61-103(8) | corporate broker responsible | 1 | |
12-61-113(1)(g.5) | failure to escrow funds | 1 | |
Rule: | E-1 | money must be deposited | 2 |
E-1(a) | maintained in broker’s name | 2 | |
E-1(c) | responsibility of broker | 2 | |
E-1(d) | not for investment | 2 | |
E-1(f) | no personal funds | 2 | |
E-1(g) | money belonging to others | 2 | |
E-1(h) | broker as builder | 2 | |
E-1(n) | property managers | 2 | |
E-1(p)(7) | cash basis of accounting | 2 | |
E-1(u) | trust account not required | 2 | |
E-2 | money collected for future services | 2 | |
Position statement CP4: | interest bearing accounts | 3 |
Topic Index-17
Colorado Real Estate Manual | |||
CP5 | advance rentals & security deposits | 3 | |
CP8 | assignment of trust funds | 3 | |
CP19 | short term occupancy | 3 | |
trust deeds (and liens) | |||
Rule: | F-7 | forms index; approved form | 28 |
General Information: | types, foreclosure, elements, etc. | 18 | |
truth-in-lending (also see u.c.c.c.) | |||
General Information: | regulation Z | 17 | |
uniform commercial code (u.c.c.) | |||
Statute: | 4-6-part 1 | bulk transfer repealed | 23 |
uniform consumer credit code (u.c.c.c.) (also see t.i.l.) | |||
General Information: | provisions | 17 | |
vacation clubs (see subdivision) | |||
water rights | |||
Statute: | 38-30-102 | conveyance as real estate, well permits | 13 |
38-35.7-104 | disclosure of potable water source | 13 | |
Rule | F-7 | forms index; optional well checklist form | 28 |
General Information: | rights, conveyance, terminology | 13 |
Topic Index-18