House Committee of Reference Report
Committee on Transportation, Housing & Local Government
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All text that will be removed from the bill will be indicated by strikethrough as follows:
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This is text that is removed from law. -
Text that is added to a bill will be indicated by either all capitals or bold & italic as follows:
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- This all capitals text would be added to law.
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March 18, 2026
After consideration on the merits, the Committee recommends the following:
HB26-1287 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Page 1, Line 1Amend printed bill, page 5, line 7, after "(1)(b)," insert "(1)(h), (1)(i),".
Page 1, Line 2Page 5, line 7, strike "(9); and add (11)" and substitute "(9)".
Page 1, Line 3Page 5, line 16, strike "order a licensee to pay restitution,".
Page 1, Line 4Page 5, after line 23 insert:
Page 1, Line 5"(h) Failing to account for or to remit, within a reasonable time,
Page 1, Line 6any money coming into the licensee's possession that belongs to others
Page 1, Line 7whether acting as real estate brokers or otherwise when performing
Page 1, Line 8functions for which a license is required pursuant to section
Page 1, Line 912-10-201 (6), and failing to keep records relative to the money, which
Page 1, Line 10records shall must contain such information as may be is prescribed by
Page 1, Line 11the rules of the commission relative thereto and shall be are subject to
Page 1, Line 12audit by the commission;
Page 1, Line 13(i) When performing functions for which a license is
Page 1, Line 14required pursuant to section 12-10-201 (6), converting funds of
Page 1, Line 15others, diverting funds of others without proper authorization,
Page 1, Line 16commingling funds of others with the broker's own funds, or failing to
Page 1, Line 17keep the funds of others in an escrow or a trustee account with some bank
Page 1, Line 18or recognized depository in this state, which account may be any type of
Page 1, Line 19checking, demand, passbook, or statement account insured by an agency
Page 1, Line 20of the United States government, and to keep records relative to the
Page 1, Line 21deposit that contain such information as may be prescribed by the rules
Page 1, Line 22of the commission, relative thereto, which records shall be are subject to
Page 1, Line 23audit by the commission;".
Page 1, Line 24
Page 2, Line 1Page 6, strike lines 13 through 22.
Page 2, Line 2Page 11, strike line 17 and substitute "(2)(b), (2)(g) introductory portion,
Page 2, Line 3and (2)(g)(II) as follows:".
Page 2, Line 4Page 11, strike line 21 and substitute:
Page 2, Line 5"(2) (b) If a licensee or the employing broker of a licensee is part
Page 2, Line 6of an affiliated business arrangement, when an offer to purchase real
Page 2, Line 7property is fully executed, the licensee shall disclose to all parties to the
Page 2, Line 8real estate transaction the existence of the arrangement the existence of
Page 2, Line 9the affiliated business arrangement to the party the licensee
Page 2, Line 10represents at the time of making the referral. The disclosure shall
Page 2, Line 11be written, shall be signed by all parties to the real estate transaction, and
Page 2, Line 12shall must comply with the federal "Real Estate Settlement Procedures
Page 2, Line 13Act of 1974", as amended, 12 U.S.C. sec. 2601 et seq.
Page 2, Line 14(g) It shall is not be a violation of this section for an affiliated".
Page 2, Line 15Page 12, after line 25 insert:
Page 2, Line 16"SECTION 21. In Colorado Revised Statutes, 12-10-403, add (9)
Page 2, Line 17as follows:
Page 2, Line 1812-10-403. Relationships between brokers and the public -
Page 2, Line 19definition - rules.
Page 2, Line 20(9) Notwithstanding subsection (6)(b) of this section, a
Page 2, Line 21broker working with a buyer, seller, landlord, or tenant may
Page 2, Line 22disclose the buyer's, seller's, landlord's, or tenant's
Page 2, Line 23confidential information to the broker's employing broker or to
Page 2, Line 24the employing broker's designee for the purpose of proper
Page 2, Line 25supervision so long as the employing broker or designee does not
Page 2, Line 26use the confidential information to the detriment of the buyer,
Page 2, Line 27seller, landlord, or tenant.
Page 2, Line 28SECTION 22. In Colorado Revised Statutes, 12-10-404, amend
Page 2, Line 29(2) introductory portion as follows:
Page 2, Line 3012-10-404. Single agent engaged by seller or landlord.
Page 2, Line 31(2) Except as described in section 12-10-403 (9), a broker
Page 2, Line 32acting as a seller's or landlord's agent shall not disclose the
Page 2, Line 33following information shall not be disclosed by a broker acting as a
Page 2, Line 34seller's or landlord's agent without the informed express written
Page 2, Line 35consent of the seller or landlord:
Page 2, Line 36SECTION 23. In Colorado Revised Statutes, 12-10-405, amend
Page 2, Line 37(2) introductory portion as follows:
Page 2, Line 3812-10-405. Single agent engaged by buyer or tenant.
Page 3, Line 1(2) Except as described in section 12-10-403 (9), a broker
Page 3, Line 2acting as a buyer's or tenant's agent shall not disclose the
Page 3, Line 3following information shall not be disclosed by a broker acting as a
Page 3, Line 4buyer's or tenant's agent without the informed express written consent
Page 3, Line 5of the buyer or tenant:
Page 3, Line 6SECTION 24. In Colorado Revised Statutes, 12-10-407, amend
Page 3, Line 7(3) introductory portion as follows:
Page 3, Line 812-10-407. Transaction-broker.
Page 3, Line 9(3) Except as described in section 12-10-403 (9), a
Page 3, Line 10transaction-broker shall not disclose the following information
Page 3, Line 11shall not be disclosed by a transaction-broker without the informed
Page 3, Line 12express written consent of all parties:".
Page 3, Line 13Renumber succeeding sections accordingly.