2026 Colorado Residential contract changes
Colorado has an updated Contract to Buy and Sell Real Estate (Residential) (often referred to as CBS1). It was adopted in August 2025 and becomes mandatory to use starting January 1, 2026. While the overall structure will feel familiar, there are several updates worth noting so your transactions stay smooth, compliant, and on schedule.
Assignability is now more clearly restricted (unless added back)
The updated contract clarifies that the agreement is not assignable by the Buyer unless the parties specifically allow it in the Additional Provisions. If assignment could be part of your transaction, it’s important to address it intentionally upfront.
Deadlines: pay close attention to “Time of Day” and holiday/weekend extensions
The contract provides clearer direction on how deadlines work, including “Time of Day” cutoffs. It also includes an option addressing what happens if a deadline lands on a weekend or holiday, whether it extends to the next business day or not. This can be especially important with holiday-week negotiations and year-end closings.
Earnest money: clearer handling and timing flexibility
The contract confirms that earnest money is typically due with the contract unless the parties set an alternative earnest money deadline. That flexibility can be helpful when signatures happen after hours, over weekends, or when parties need a little more time to deliver funds.
HOA documents: “receipt” matters
For HOA and condo transactions, the contract emphasizes that the Seller’s obligation to provide association documents is satisfied when the Buyer actually receives them, regardless of who sends them. Practically speaking, it’s a reminder to track the date of receipt, not just the date documents were requested or emailed.
Property condition and inspections: “As-Is” language with strong buyer options
The updated contract states the property is being conveyed in an “As Is” condition (with certain exceptions), while still preserving the Buyer’s ability to object, request resolutions, or terminate based on inspection-related provisions. As always, the key is clean documentation and careful deadline tracking.
Lead-based paint disclosure and termination: timing is critical
The contract spells out that if the Buyer does not receive the lead-based paint disclosure on time (when applicable), the Buyer may have the right to waive or terminate by delivering proper notice before the deadline. This is one of those details that can create delays if not handled early.
Appraisal: keep delivery timing and documentation front and center
The contract outlines buyer options if the appraisal is low or isn’t received by the appraisal deadline, including objections or termination depending on the situation. For lenders, agents, and title teams, this reinforces the importance of proactive appraisal scheduling and communication about expected delivery dates.
Quick takeaway
Colorado contracts are deadline-driven, and the 2026 updates continue to emphasize precision: documenting delivery and receipt of key items, tracking deadlines closely, and addressing special circumstances (like assignability or holiday-week deadlines) intentionally at contract drafting. The best preparation for 2026 is tightening your timeline management and keeping all parties aligned early in the transaction.
Looking for more in-depth information on the upcoming contract changes for 2026? Check out our upcoming classes here.
This post is for general information only and is not legal advice.