Second Regular Session
              Sixty-fifth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 06-0412.01 Thomas Morris        SENATE BILL 06-002
                   SENATE SPONSORSHIP
 Shaffer,
 
                    HOUSE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Business, Labor and Technology
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning mandatory disclosure in connection with the
            purchase of residential real property of whether the
            property has been used as a methamphetamine
            laboratory.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Requires contracts for the purchase and sale of residential real
       property to disclose whether the property has ever been used as a
       methamphetamine laboratory.  Specifies that the seller has the obligation
       to provide the disclosure, and that, if the seller fails to provide the
       disclosure, the purchaser has a claim for relief against the seller for all
       damages to the purchaser resulting from the failure plus court costs.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  Article 35.7 of title 38, Colorado Revised Statutes,
       is amended BY THE ADDITION OF A NEW SECTION to read:
            38-35.7-103.  Disclosure - methamphetamine laboratory. 
       (1)  Every contract for the purchase and sale of residential
       real property shall contain one of the following disclosure
       statements in at least twelve-point bold-faced type that is
       clearly legible and in substantially the following form,
       depending upon whether the property has ever been used as a
       methamphetamine laboratory:
            The seller hereby represents and warrants that
            the property has never been used as a
            methamphetamine laboratory.
            The seller hereby represents and warrants that
            the property has been used as a methamphetamine
            laboratory.
            (2)  The obligation to provide the disclosure set forth in
       subsection (1) of this section shall be upon the seller, and, in the
       event of the failure by the seller to provide the written
       disclosure described in subsection (1) of this section, the
       purchaser shall have a claim for relief against the seller for
       all damages to the purchaser resulting from such failure plus
       court costs.
            SECTION 2.  Effective date - applicability.  This act shall take
       effect January 1, 2007, and shall apply to contracts for the purchase and
       sale of residential real property that are offered or entered into on or after
       said date.
            SECTION 3.  Safety clause.  The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.