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What Colorado Real Estate Agents Won't Tell You

Brian Lee BurkeBrian Lee Burke
Nov 3, 2020 • 6 min read
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What Colorado Real Estate Agents Won't Tell You

A real estate agent works for you, not the other way around. The national commission settlement that took effect August 17, 2024 rewrote several of the old rules for buyers and sellers on the Front Range, and every one of the changes below is information you are entitled to have in writing before you sign anything.

You Are Not Locked Into One Colorado Broker

Nothing in Colorado law requires a buyer or seller to work with the first agent they talk to. You can interview more than one real estate agent in Denver, Aurora, Lakewood, Littleton, Centennial or Colorado Springs before you sign anything, and you can ask another agent for a second opinion on price or strategy at any point before you sign an exclusive agreement.

An exclusive agreement only binds you to the terms you actually signed, for the time period written on the form. Read the expiration date and the cancellation terms before you sign, not after.

How Real Estate Commissions Work in Colorado

Commission has never been set by law, by a board, or by any single company. Historically, total commission on a Front Range sale ran in the 5% to 6% range of the sale price, split between the listing brokerage and the buyer's brokerage. That number was always a negotiation between the seller and the listing agent, not a fixed fee.

Since August 17, 2024, listing brokers can no longer publish buyer-agent compensation offers on the MLS. Sellers can still offer to cover part or all of a buyer's agent cost as part of the negotiation, but that offer now happens off the MLS, in the contract or in direct conversation. Ask any agent to put their fee and their side's compensation structure in writing before you sign.

What Changed for Colorado Buyers After the 2024 NAR Settlement

Buyers touring homes with an agent in Colorado now sign a written buyer representation agreement first. That agreement has to state what the agent is paid and how. You can sign a single-showing agreement for one house instead of an exclusive, months-long contract, and you can still walk into an open house without an agent and without signing anything.

Read the Colorado first-time buyer guide before your first showing so the paperwork is not a surprise.

What Is a Transaction-Broker in Colorado?

Colorado is one of the few states with a licensed "transaction-broker" status. A transaction-broker helps both sides complete the deal but does not represent either party's interests exclusively and owes no fiduciary duty of loyalty to one side. Most Colorado agents work as transaction-brokers by default unless a buyer or seller signs a single agency agreement that names the agent as their exclusive buyer's agent or seller's agent.

Ask which role your agent is filling. It changes what they can and cannot say to the other side of the deal.

What a Colorado Agent Must Tell You in Writing

Colorado real estate license law requires a written disclosure of the working relationship at first substantive contact, before you share anything confidential. The disclosure names whether the agent is your buyer's agent, the seller's agent, or a neutral transaction-broker. If an agent has not handed you that disclosure yet, ask for it before the conversation goes further.

Do You Need a Buyer's Agent to Tour a Denver-Area Home?

No. You can attend a public open house without an agent. What changed is touring a home with an agent by appointment: that now requires the signed buyer representation agreement described above. Learn the difference between a buyer's agent and a listing agent before your first private showing.

How to Choose a Home Inspector in the Denver Metro

Pick your own inspector instead of taking the first name on your agent's list. Ask for a sample report, confirm InterNACHI or ASHI membership, and confirm the inspection covers the roof, furnace, water heater, electrical panel, foundation and, for an older Front Range home, the sewer line with a camera scope. A Denver-area inspection commonly runs $400 to $650 depending on square footage and add-ons like radon or sewer scope. See the full inspection red flags that kill Denver sales before your inspection day.

The Inspection Objection Deadline in a Colorado Contract

Colorado's standard Contract to Buy and Sell Real Estate includes a negotiated Inspection Objection Deadline, commonly 7 to 10 days after the contract is accepted. The buyer has until that date to submit a written objection to anything found during inspection. From there, the seller can agree to fix the item, offer a credit, or the parties can end the contract, depending on how the objection response terms are written. Walk through your full checklist with the buyer's due diligence checklist for Denver.

Can You Change Real Estate Agents in Colorado?

Yes. If you are under an exclusive agreement, ask the brokerage for a written release before you sign with someone else; most brokerages grant this without a fight when the relationship is not working. If you have not signed an exclusive agreement, you are free to work with a different agent immediately.

Listing Agent vs. Buyer's Agent: What's the Difference?

A listing agent represents the seller, prices the home, builds the marketing plan and negotiates offers on the seller's behalf. A buyer's agent represents the buyer, tours homes, writes the offer and negotiates repairs and price on the buyer's behalf. A transaction-broker does pieces of both jobs without exclusive loyalty to either side. Compare service models on the Colorado seller's guide and the Colorado home buyer's guide.

RelationshipWho they representFiduciary duty of loyalty
Buyer's agentThe buyer onlyOwed to the buyer
Listing (seller's) agentThe seller onlyOwed to the seller
Transaction-brokerNeither side exclusivelyNot owed to either side

Questions to Ask Before You Hire a Colorado Real Estate Agent

  • How many homes have you closed in this city in the last 12 months? Ask for a list with addresses, not just a number.
  • What is your written pricing plan for my home? A real plan uses recent, comparable REcolorado sales, not a round guess.
  • How fast do you respond to calls and texts? Same-day is the baseline on a competitive Front Range listing.
  • What relationship are you offering me? Buyer's agent, seller's agent or transaction-broker, in writing.
  • Can I call two of your last three clients? A confident agent hands you the numbers without hesitation.

Where to go next

Talk to the Kenna Real Estate Group

The Kenna Real Estate Group puts the brokerage relationship, the commission structure and the inspection timeline in writing before you sign anything, so nothing about your Front Range purchase or sale is a surprise later. Call or text 303-955-4220. A live person answers. Not a robot, not a phone tree. Ready to look now? Search every home for sale in Colorado.

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Guides

Questions about any home in Colorado? Call or text 303-955-4220. A live person answers.

Quick answers

Is commission negotiable in Colorado?

Yes. Commission has never been fixed by law or by any board. Every fee is a negotiation between you and the agent, and the amount has to be written into your agreement.

Can one broker represent both the buyer and the seller in Colorado?

A single broker can act as a transaction-broker for both sides on the same deal, but a transaction-broker does not owe exclusive loyalty to either party. Ask which role your agent is filling before you share your negotiating position.

What is REcolorado?

REcolorado is the multiple listing service that covers the Denver metro area. Listing agents load a home there first, and buyer's agents pull comparable sales and active listings from the same database.

Do I have to sign a buyer agreement before seeing a house?

You need a signed buyer representation agreement to tour a home by private appointment with an agent, but you can walk through a public open house without signing anything.

What happens if I am not satisfied with my agent?

Ask the brokerage for a written release from your agreement. Most Front Range brokerages release a client when the relationship is not working rather than force the rest of the term.

How much does a home inspection cost in the Denver metro?

A general home inspection commonly runs $400 to $650, with radon testing and sewer scope inspections priced separately, each in the $100 to $250 range.

How do I verify a Colorado real estate agent's license?

The Colorado Division of Real Estate, part of the Department of Regulatory Agencies (DORA), maintains a public license lookup so you can confirm an agent's license status before you sign anything.

What is the inspection objection deadline in a Colorado contract?

It is the date, commonly 7 to 10 days after contract acceptance, by which a buyer must submit a written objection to anything found in inspection. The response is a repair, a credit, or in some cases the end of the contract, depending on the terms written into the offer.

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WRITTEN BY
Brian Lee Burke
Brian Lee Burke
Team Leader and Licensed Broker, REALTOR® since 2002, Author

Brian Lee Burke is the founder and team leader of Kenna Real Estate Group, a real estate team at Keller Williams DTC. A licensed REALTOR® since 2002, Brian helps Colorado buyers and sellers navigate residential real estate, new construction, pricing, and negotiation. He is also the author of The Real Estate Playbook and Mastering Real Estate: Your Guide to Becoming a Top Agent.

View Brian Lee Burke’s full profile.