Non-Disclosure Claims

You bought a home, moved in, and found a problem the seller should have told you about: water in the basement, a failing roof, a known sewer issue. Or you’re a seller facing a claim over something you honestly didn’t know about. Either way, non-disclosure disputes turn on the details: what was known, what was said, and what the contract and disclosure forms actually say. Proper Tea Law helps buyers and sellers in Colorado Springs sort out what’s owed and look for ways to resolve it without drawn-out litigation.

How we help buyers

Evaluating the claim: comparing the defect with the Seller’s Property Disclosure, inspection reports, listing statements, and the contract
Preserving evidence, including repair estimates, photos, and communications
Demand letters and negotiation with the seller, and with brokers where appropriate
Mediation and litigation when a negotiated resolution isn’t possible

How we help sellers

Responding to a claim after closing, including reviewing what you disclosed and when
Disclosure review before you list, so the disclosure form accurately reflects what you know
Negotiated resolutions that account for the cost and time of a dispute

What to know about non-disclosure claims in Colorado

The claim depends on what the seller knew. Non-disclosure cases usually involve claims like fraud, concealment, misrepresentation, or breach of contract. Each has its own elements, and an "as-is" sale or an inspection can affect them.
Deadlines apply. In Colorado, actions for fraud, misrepresentation, concealment, or deceit, and most contract actions, generally must be brought within three years (C.R.S. 13-80-101). The clock generally starts when the problem is discovered or should have been discovered with reasonable diligence (C.R.S. 13-80-108).
Your contract may require mediation first. The standard Colorado purchase contract includes a mediation provision, so check it before filing suit.

Why Proper Tea Law

You work directly with attorney Joel Nath, not a rotating team. Joel spent nearly a decade in Colorado Springs real estate before law school, so he knows how disclosure forms and inspections work in real transactions. Consultations are free, and we aim to respond the same business day.

We’d love to work with you.

Contact Us