What do you have to disclose when selling a house in Custer County, Colorado?
Colorado law requires sellers to disclose known material facts — anything that could affect a buyer’s decision to move forward or the property’s value. Most sellers do this through the Colorado Real Estate Commission’s Seller’s Property Disclosure (Residential) form, which covers everything from the septic system and well to structural issues, past repairs, and water rights. For rural Custer County properties, this form carries extra weight, since so much of what matters — the well, the septic system, easements, water rights — isn’t something a buyer can see from the driveway.
By Kayla Brady | August 24, 2026
I’ve watched more Custer County deals get bumpy over a vague disclosure than almost any other single document. Not because sellers are trying to hide anything — usually it’s because they genuinely don’t realize how much needs to go on the form, especially on rural and land properties where the systems aren’t the same as a typical in-town home.
Here’s what you actually need to know before you fill it out.
The Disclosure Form Covers More Than the House Itself
Colorado doesn’t require a specific form by statute, but the Seller’s Property Disclosure (Residential) from the Colorado Real Estate Commission is the standard almost every transaction in this state uses. It asks about your current actual knowledge — not the results of a professional inspection, just what you know.
On a typical Custer County property, that includes:
- Well and water source — permit status, any known issues with yield, quality, or equipment
- Septic system — age, last pumping or inspection, any known problems with the tank or drain field
- Water rights — what’s included in the sale and whether it’s fully documented
- Easements and access — shared driveways, utility easements, or any right-of-way affecting the property
- Structural and systems issues — roof, foundation, electrical, heating, and any past repairs, even ones you consider fixed
- Property history — flooding, fire damage, pest issues, or anything that’s ever existed on the property, whether or not it was resolved
That last point trips people up the most. The form specifically asks about problems that have ever existed, not just ones that are currently unresolved. If you had a septic issue three years ago and fixed it, that still needs to be disclosed — the buyer is entitled to know and investigate the fix themselves.
Why Rural Properties Need Extra Care Here
A disclosure form built for a typical subdivision home doesn’t naturally prompt you to think through everything that matters on 20 acres with a well, a septic system, and a fence line that may or may not match the recorded property boundary.
Before you fill it out, walk your own property with these questions in mind:
- Does the septic permit match how you’re actually using the property? A permit rated for a certain number of bedrooms doesn’t cover an unpermitted addition or guest cabin.
- Is there anything unusual about the water rights or well? Even something you consider minor — a shared well, a seasonal yield drop — belongs on the form.
- Are there easements you’ve just lived with and never thought to mention? A neighbor’s access road, a utility line crossing the property, a shared fence — these are exactly the kind of thing buyers expect to see disclosed, not discovered after closing.
- Have you made any repairs, even small ones, to major systems? List them, even if they’re long resolved.
What Happens If You Get This Wrong
Colorado takes disclosure seriously. If you fail to disclose a known adverse material fact, you can be exposed to legal liability after closing — even if the sale has already gone through. Around three-quarters of real estate lawsuits nationally trace back to disclosure problems, and rural properties with more moving parts — wells, septic, water rights, outbuildings — carry more surface area for something to get missed.
The good news: this isn’t about being perfect. It’s about being thorough and honest with what you actually know. Uncertainty about whether something needs to go on the form is a reason to disclose it, not a reason to leave it off.
What This Means Before You List
Getting ahead of your disclosure — actually walking the property and thinking through the well, septic, water rights, and any repairs before you sit down to fill out the form — almost always leads to a smoother sale. It gives you time to gather permits, pull records, and get ahead of anything that might raise a question later instead of scrambling once you’re under contract.
This is exactly the kind of walk-through I do with every seller before we list, because a clean, thorough disclosure protects you just as much as it protects the buyer.
Frequently Asked Questions
Am I required to use the Colorado Real Estate Commission’s disclosure form?
Not by statute, but it’s the standard used in nearly every transaction in the state, and completing it thoroughly is the most reliable way to meet your legal disclosure obligations as a seller.
Do I have to disclose a problem I already fixed?
Yes. The disclosure form specifically asks about issues that have ever existed on the property, even if they’ve since been repaired. Buyers are entitled to know about past problems and evaluate the fix themselves.
What am I not required to disclose in Colorado?
Colorado law does not require sellers to disclose psychological stigmas like a death on the property, or a previous occupant’s health history. Focus your disclosure on physical, structural, and systems-related facts.
What happens if I don’t disclose something I knew about?
You can be exposed to legal liability after closing if a buyer discovers you knowingly withheld a material fact. Lack of awareness isn’t a violation — intentionally hiding a known issue is.
Does selling a house as is remove my disclosure obligations?
No. Even in an as-is sale, you’re still required to be truthful and disclose known material facts. As is affects who pays for repairs, not what you’re required to tell the buyer.
If you’re getting ready to sell land, a cabin, or a ranch in Custer County and want help thinking through what needs to go on your disclosure, I’m happy to walk through your property with you before you list. Reach out anytime and we’ll go through the specifics together.
About Kayla Brady
Kayla Brady is a Realtor with HomeSmart Preferred Realty serving Westcliffe and Custer County, Colorado. She works with buyers and sellers across the Wet Mountain Valley on land, cabins, mountain and horse properties, ranches, and in-town homes, and walks every seller through a thorough disclosure before their property goes on the market.