Use of statutory exceptions continues to rise in Colorado real estate transactions.

In 2019, the Colorado Legislature enacted a bill under which the buyer may accept title in a warranty deed “subject to statutory exceptions” pursuant to C.R.S. § 38-30-113(5)(a). Use of the statutory exceptions in real estate deeds continues to rise in Colorado. In 2024, the commercial and residential real estate purchase contract forms approved by the Colorado Real Estate Commission continue to state that if title will be conveyed via general or special warranty deeds then it will be subject to the statutory exceptions unless the parties agree otherwise. If you would like to learn more about the statutory exceptions please see my article in the Colorado Real Estate Journal available at: https://www.montgomerylittle.com/wp-content/uploads/2022/05/MRM-CREJ-statutory-exceptions-article.pdf