SINCE AUGUST 12, 2026 A COLORADO BROKER NEEDS A SIGNED AGREEMENT STATING THE PAY, FIRST.

HB26-1426 amends the brokerage statute so that a broker must establish either a transaction broker or a single agency relationship through a written agreement, and that agreement must specify and conspicuously disclose the amount or rate of any compensation and be completed before the broker performs any activity requiring a license (Section 87, amending C.R.S. 12-10-403(2), VERIFIED). The act took effect at 12:01 a.m. on August 12, 2026 (Section 106, VERIFIED). The Division of Real Estate's advisory says the same for listing agreements (VERIFIED).

A residential broker engagement contract may not purport to be a covenant running with the land or to bind future owners, may not be assigned without the owner's notice and agreement, and may not create a lien, encumbrance or other security interest in the property; any such term is void and unenforceable, and including it is an unfair or deceptive trade practice (C.R.S. 12-10-403.5, VERIFIED). A separate rule already required a written disclosure of the brokerage relationship before any brokerage activity, stating plainly whom the broker represents, with a signature block, and a record if the recipient declines to sign (C.R.S. 12-10-408, VERIFIED).

A single agent engaged by a buyer must promote the buyer's interests with utmost good faith, loyalty and fidelity, keep certain buyer information confidential, present offers promptly and disclose adverse material facts actually known (C.R.S. 12-10-405, VERIFIED). A transaction broker is not an agent for either party, but may not disclose without consent that a buyer is willing to pay more than the offered price, a seller's willingness to accept less, either party's motivating factors, or financing terms not already offered (C.R.S. 12-10-407, VERIFIED).