Colorado’s Real Estate Contract Just Changed. Here’s What’s Different in 2026.

By Prerna Kapoor, CLHMS | REAL Brokerage | August 5, 2026

My contract file from a closing back in early January looked different from every file I’d worked with before it. Same address format, same layout, but the Dates and Deadlines page had a few new lines I had to explain twice to my buyers. Colorado’s Contract to Buy and Sell Real Estate got an update this year, and as of January 1, 2026, the new version is the only one brokers are supposed to use.

If you bought or sold a home in Colorado before this year, most of what’s familiar is still familiar. The contract still runs on the same deadline-driven structure, and your rights around inspections, financing, and appraisal are still there. But a handful of changes are worth knowing before you’re staring at a counteroffer wondering why a clause reads differently than you remember. If you want the fuller walkthrough of everything in the contract, I’ve also written a plain-language guide to the Colorado contract that’s still accurate for everything except these updates.

Why the Contract Changed at All

Colorado doesn’t leave contract language to individual brokerages. The Colorado Real Estate Commission, through the Division of Real Estate, runs a Contracts and Forms Committee that reviews and revises the state’s standard forms most years. Nearly every residential transaction in Colorado runs on this same form, which is part of why the update matters statewide instead of to just a handful of buyers and sellers. The current version is now published on the Division of Real Estate’s website and required for contracts written on or after January 1, 2026.

You Can No Longer Assume the Contract Is Assignable

Here’s one change that trips people up. The updated contract states more clearly that a buyer cannot assign the contract to someone else unless the parties specifically add that right back in under Additional Provisions. That matters most for buyers working with investors, family members contributing funds, or anyone planning to close in an LLC that hasn’t been formed yet. Under the old form, assignability was murkier. Under this one, if you want it, you have to ask for it in writing.

Deadlines Now Spell Out the Time of Day, and What Happens on a Holiday

Colorado contracts run on dozens of dates, from the loan application deadline to the inspection objection deadline to closing itself, most of them counted from the Mutually Executed Contract date. The new form adds language addressing the time of day a deadline actually expires, and gives the parties an option for what happens when a deadline lands on a weekend or a holiday. I’ve watched deals get tense over exactly this kind of ambiguity, someone assumes a Friday deadline means end of business, someone else assumes midnight. That guesswork is now something you can pin down in writing before it becomes a problem, and if you want to see the exact language, the current CBS1 V2 form is posted directly on the Division of Real Estate’s site.

Earnest Money Timing Got More Flexible

The default assumption is still that earnest money is due at the time you sign the contract. What’s new is that the form confirms the parties can set a different earnest money deadline instead, which helps in situations that come up more often than people expect: a contract signed after a title company has closed for the day, a weekend acceptance, or a buyer waiting on a wire transfer to clear. I’ve written before about how earnest money works in Colorado, and this update doesn’t change the amount typically expected, just the flexibility around exactly when it lands in escrow.

The Property Is Now “As Is,” But Your Objection Rights Are Still There

This is the change I get the most questions about. The updated contract states the property is being conveyed in an “as is” condition, with certain exceptions, but that language sits alongside the same buyer protections that were already in place, including the right to object to what an inspection turns up, request a resolution, or walk away if the seller won’t budge. The “as is” framing describes how the property is being sold, not a waiver of your right to look closely first. If you’re a buyer, this is exactly why the timeline around inspections still matters as much as it always has. I put together a separate guide on how repair negotiations actually play out after an inspection, and none of that process changed with this update.

Quick answers

Do I need to worry about this if I’m already under contract? If your contract was signed before January 1, 2026, it’s still valid on the form you signed. The new version only applies to contracts written on or after that date, so an older, fully executed contract doesn’t need to be redone.

Does this change how much earnest money I need? No. The typical range in the Denver metro is still around 1% to 3% of the purchase price. What changed is the flexibility around exactly when it’s due, not the expected amount.

Should I ask my agent which version we’re using? Yes, especially if you’re comparing paperwork to a friend’s recent purchase or something you read about appraisal timelines. If a deal feels unfamiliar compared to what you remember about appraisal and inspection deadlines, it’s worth confirming you’re looking at the current CBS1 form.

Prerna Kapoor | REALTOR® | Luxury Home Specialist
REAL Brokerage | 720-949-5450 | info@prernakapoor.com
CLHMS • RENE • PSA • ABR | International Sterling Society Award Winner

Prerna specializes in residential real estate across Parker, Aurora, Lone Tree, Castle Pines, Highlands Ranch, Cherry Creek, Greenwood Village, and Centennial. She speaks English, Japanese, and Hindi.