HB 16-1108 Summary

• Requires Colorado real estate commission to adopt rules by January 1, 2017, mandating disclosure in listing contracts, sales contracts, and seller disclosures of whether residential property was used for indoor horticultural operations involving 7 or more plants capable of growing to 3 feet tall or 2 feet in diameter with any detectable pesticides or fertilizers.

• Provides exemption from disclosure requirement if seller obtains a written statement from a certified inspector confirming the property is not contaminated, which the listing agent must provide upon request.

• Directs state board of health, in consultation with agriculture commissioner, to establish rules for inspector training and certification, contamination testing and cleanup standards, and approval of training consultants.

• Establishes that disclosure obligation falls solely on the seller, and compliant sellers cannot be sued by purchasers for damages from indoor horticultural operations, though other remedies remain available.

• Takes effect August 10, 2016, unless subject to referendum petition requiring voter approval at November 2016 election.