[REDLINE BEFORE HEARING]

DEPARTMENT OF REGULATORY AGENCIES
DIVISION OF REAL ESTATE
RE OMMISSION
4 CCR 72AL ESTATE C
5-1

NOTICE OF PROPOSED PERMANENT RULEMAKING HEARING
April 5, 2016 

RULE F.  USE OF COMMISSION APPROVED FORMS

Pursuant to and in compliance with Title 12, Article 61 and Title 24, Article 4, C.R.S. as amended, notice of proposed rulemaking is hereby given, including notice to the Attorney General of the State of Colorado and to all persons who have requested to be advised of the intention of the Colorado Real Estate Commission (the “Commission”) to promulgate rules, or to amend, repeal or repeal and re-enact the present rules of the Commission.  

STATEMENT OF BASIS

The statutory basis for the rules titled Rules of the Colorado Real Estate Commission is Parts 1 and 8 of Title 12, Article 61, Colorado Revised Statutes, as amended. The specific rulemaking provisions contained therein are sections 12-61-114.5 and 12-61-803(4), C.R.S.
  
STATEMENT OF PURPOSE

The purpose of this rule is to effectuate the legislative directive to promulgate necessary and appropriate rules in conformity with the state statutes of the real estate practice act.

SPECIFIC PURPOSE OF THIS RULEMAKING

The specific purpose of this rule is to amend or repeal existing rules with respect to the proper use of standard and Commission approved forms and ensures compliance with the Colorado Supreme Court Conway-Bogue decision.  

Proposed New, Amended and Repealed Rules

Deleted material shown struck through, new material shown ALL CAPS. Rules, or portions of rules, which are unaffected are reproduced.  

Proposed New, Amended and Repealed Rules

Rule F.  USE OF COMMISSION APPROVED FORMS

	F-1.  Permitted and prohibited form modifications
(a)	No modifications shall be made to a Commission-approved form by a broker except as provided in rules promulgated by the Commission and as set forth in this Rule F-1 through F-7. For purposes of Rule F-1 through F-7, the term “Commission-approved form” means any form promulgated by the Commission; the term “broker” shall also include brokerage firm.
(b)	A broker may add its firm name, address, telephone, e-mail, trademark or other identifying information on a Commission-approved form.
(c)	A broker may add initial lines at the bottom of a page of any Commission-approved form.
(d)	Any deletion to the printed body of a Commission-approved form, or any “Additional Provision” or “Addenda” which by its terms serves to amend or delete portions of the approved language, must result from negotiations or the instruction(s) of a party to the transaction and must be made directly on the printed body of the form by striking through the amended or deleted portion in a legible manner that does not obscure the deletion that has been made.
(e)	Blank spaces on a Commission-approved form may be lengthened or shortened to accommodate the applicable data or information.
(f)	Provisions that are inserted into blank spaces must be printed in a style or type that clearly differentiates such insertions from the style or type used for the Commission-approved form language.
(g)	A broker may omitDELETE part or all of the following provisions of a Commission-approved (changed font) “Contract to Buy and Sell Real Estate” (even if the provision is identified by a different Section number), or corresponding provisions in other Commission-approved forms, if such provisions do not apply to the transaction. In the event any provision is omittedDELETED, the provision’s caption or heading must remain unaltered on the form followed by the word “OMITTED-NOT APPLICABLE”.
1.	Section 2.5 Inclusions in its entirety or any of its subsections
2.	Section 2.6 Exclusions
3.	Section 4.4 4.2 Seller Concessions
4.	Section 4.5 New Loan in its entirety or any of its subsections
5.	Section 4.6 Assumption
6.	Section 4.7 Seller or Private Financing
7.	Section 5 Financing Conditions and Obligations in its entirety or any of its sections
8.	Section 6 Appraisal Provisions in its entirety or any of its subsections
9.	Section 7.3 Homeowners’ Association Documents 7 OWNERS’ ASSOCIATION in its entirety or any of its subsections
10.	Section 8.4 8.5 Special Taxing Districts
11.	Section 8.5 8.6Right of First Refusal or Contract Approval
12.	Section 10.6 Due Diligence Documents IN ITS ENTIRETY OR ANY OF ITS SUBSECTIONS
13.	Section 10.7 Due Diligence Documents Conditions in its entirety or any of its subsectionsSECTION 10.8 SOURCE OF POTABLE WATER (CBS1, CBS2, CBS4, CBSF1)
14.	Section 10.8 Due Diligence—Environmental, ADA (CBS2, CBS3, CBS4)
15.	Section 10.7.3 Source of Potable Water (CBS4)
16.14.	Section 10.910.8 Existing Leases; Modification of Existing Leases; New Leases (CBS3, CBS4)
17.15.	Section 10.1510.9 Existing Leases; Modification of Existing Leases; New Leases (CBS2 CBS4)
16.	SECTION 10.12 EXISTING LEASES; MODIFICATION OF EXISTING LEASES; NEW LEASES (CBS2)
18.17.	Section 11 Tenant Estoppel Statements in its entirety or any of its subsections (CBS2, CBS3, CBS4)
19.18.	Section 15.3 Status LETTER AND RECORD CHANGE and Transfer Letter Fees
20.19.	Section 15.4 Local Transfer Tax
21.20.	Section 15.6 Sales and Use TaxSECTION 15.5 PRIVATE TRANSFER FEE
22.21.	Section 16.2 RentsSECTION 15.7 SALES AND USE TAX
22.	SECTION 16.2 RENTS
23.	Section 16.3 Association Assessments
(h)	A broker may add an additional page to the “Contract to Buy and Sell Real Estate”, “Counterproposal” and the “Agreement to Amend/Extend Contract”, following such document, that contains the dates and deadlines information set forth in § 3, arranged in chronological date sequence.
(i)	A broker may omitDELETE part or all of the following provisions of the “Counterproposal” and the “Agreement to Amend/Extend Contract” if such provisions do not apply to the transaction. In the event any provision is omittedDELETED, the provision’s caption or heading must remain unaltered on the form followed by the words “OMITTED-NOT APPLICABLE”.
1.	Section 3 Dates and Deadlines table
2.	Section 4 Purchase Price and Terms [in the Counterproposal only]
(j)	A broker may substitute the term “Landlord” for the term “Seller” and the term “Tenant” for the term “Buyer” in the Brokerage Disclosure to Buyer form, in the Brokerage Disclosure to Seller and Definitions of Working Relationships form when making disclosures in a lease transaction (or use the separate Brokerage Disclosure To Tenant form).
(k)	A broker may add signature lines and identifying labels for the parties signatures on a Commission-approved form.
(l)	A broker may modify, strike or delete such language on a Commission-approved form as the Commission may from time to time authorize to be modified, stricken or deleted.

[REDLINE AFTER HEARING]

F-1.  Permitted and prohibited form modifications
(a)	No modifications shall be made to a Commission-approved form by a broker except as provided in rules promulgated by the Commission and as set forth in this Rule F-1 through F-7. For purposes of Rule F-1 through F-7, the term “Commission-approved form” means any form promulgated by the Commission; the term “broker” shall also include brokerage firm.
(b)	A broker may add its firm name, address, telephone, e-mail, trademark or other identifying information on a Commission-approved form.
(c)	A broker may add initial lines at the bottom of a page of any Commission-approved form.
(d)	Any deletion to the printed body of a Commission-approved form, or any “Additional Provision” or “Addenda” which by its terms serves to amend or delete portions of the approved language, must result from negotiations or the instruction(s) of a party to the transaction and must be made directly on the printed body of the form by striking through the amended or deleted portion in a legible manner that does not obscure the deletion that has been made.
(e)	Blank spaces on a Commission-approved form may be lengthened or shortened to accommodate the applicable data or information.
(f)	Provisions that are inserted into blank spaces must be printed in a style or type that clearly differentiates such insertions from the style or type used for the Commission-approved form language.
(g)	A broker may omitDELETE part or all of the following provisions of a Commission-approved (changed font) “Contract to Buy and Sell Real Estate” (even if the provision is identified by a different Section number), or corresponding provisions in other Commission-approved forms, if such provisions do not apply to the transaction. In the event any provision is omittedDELETED, the provision’s caption or heading must remain unaltered on the form followed by the word “OMITTED-NOT APPLICABLE”.
1.	Section 2.5 Inclusions in its entirety or any of its subsections
2.	Section 2.6 Exclusions
3.	Section 4.4 4.2 Seller Concessions
4.	Section 4.5 New Loan in its entirety or any of its subsections
5.	Section 4.6 Assumption
6.	Section 4.7 Seller or Private Financing
7.	Section 5 Financing Conditions and Obligations in its entirety or any of its sections
8.	Section 6 Appraisal Provisions in its entirety or any of its subsections
9.	Section 7.3 Homeowners’ Association Documents 7 OWNERS’ ASSOCIATION in its entirety or any of its subsections
10.	Section 8.4 8.5 Special Taxing Districts
11.	Section 8.5 8.6Right of First Refusal or Contract Approval
12.	Section 10.6 Due Diligence Documents IN ITS ENTIRETY OR ANY OF ITS SUBSECTIONS
13.	Section 10.7 Due Diligence Documents Conditions in its entirety or any of its subsectionsSECTION 10.8 SOURCE OF POTABLE WATER (CBS1, CBS2, CBS4, CBSF1)
14.	Section 10.8 Due Diligence—Environmental, ADA (CBS2, CBS3, CBS4)
15.	Section 10.7.3 Source of Potable Water (CBS4)
16.14.	Section 10.910.8 Existing Leases; Modification of Existing Leases; New Leases (CBS3, CBS4)
17.15.	Section 10.1510.9 Existing Leases; Modification of Existing Leases; New Leases (CBS2 CBS4)
16.	SECTION 10.12 EXISTING LEASES; MODIFICATION OF EXISTING LEASES; NEW LEASES (CBS2)
18.17.	Section 11 Tenant Estoppel Statements in its entirety or any of its subsections (CBS2, CBS3, CBS4)
19.18.	Section 15.3 Status LETTER AND RECORD CHANGE and Transfer Letter Fees
20.19.	Section 15.4 Local Transfer Tax
21.20.	Section 15.6 Sales and Use TaxSECTION 15.5 PRIVATE TRANSFER FEE
22.21.	Section 16.2 RentsSECTION 15.7 SALES AND USE TAX
22.	SECTION 16.2 RENTS
23.	Section 16.3 Association Assessments
(h)	A broker may add an ONE OR MORE additional pageS to the “Contract to Buy and Sell Real Estate”, “Counterproposal” and the “Agreement to Amend/Extend Contract”, following such document, that contains the dates and deadlines information set forth in § 3, arranged in chronological date sequence.
(i)	A broker may omitDELETE part or all of the following provisions of the “Counterproposal” and the “Agreement to Amend/Extend Contract” if such provisions do not apply to the transaction. In the event any provision is omittedDELETED, the provision’s caption or heading must remain unaltered on the form followed by the words “OMITTED-NOT APPLICABLE”.
1.	Section 3 Dates and Deadlines table
2.	Section 4 Purchase Price and Terms [in the Counterproposal only]
(j)	A broker may substitute the term “Landlord” for the term “Seller” and the term “Tenant” for the term “Buyer” in the Brokerage Disclosure to Buyer form, in the Brokerage Disclosure to Seller and Definitions of Working Relationships form when making disclosures in a lease transaction (or use the separate Brokerage Disclosure To Tenant form).
(k)	A broker may add signature lines and identifying labels for the parties signatures on a Commission-approved form.
(l)		A broker may modify, strike or delete such language on a Commission-approved form as the Commission may from time to time authorize to be modified, stricken or deleted.