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# Colorado Due Diligence Documents Deadline: Blank Deletes It
- URL: https://truenorthboulder.com/guides/due-diligence-documents-deadline-colorado/
- Published: 2026-08-27T09:00:00.000Z
- Updated: 2026-08-28T13:32:12.000Z
- Description: The seller's duty to hand you the leases, the solar plan, the septic permit and the encumbrance paperwork lives in one section of Colorado's standard contract, and it exists only if someone fills in its deadlines. Left blank, the contract deletes it. Here's what's in it, and what a blank costs.
- Author: Daniel Hsieh
- Tags: Answer Brief, Buying, Colorado Law

Near the bottom of the date table in a Colorado purchase contract sit three rows whose relevance depends entirely on the house: the Due Diligence Documents deadlines. Easy to skip, because the section they switch on reads like boilerplate for somebody else's deal.

> **The short answer:** In Colorado's standard contract, the seller's duty to hand over the property's leases, leased-equipment contracts, solar plan, septic permit and encumbrance documents lives in the **Due Diligence Documents** section, and it exists only if someone fills in that section's deadlines in the Dates and Deadlines table. Left blank, or marked "N/A" or "Deleted," the contract **deletes the provision itself**. This is not a right that expires late. It is a right never created, and the form's automatic ten-day extension for late documents then has nothing to extend.

## The section switches on when someone dates it

Leave a row blank, or write "N/A" or "Deleted" in it, and the provision that date belonged to goes with it. The rule runs across the form, and the [Colorado contract deadlines guide](https://truenorthboulder.com/guides/colorado-contract-deadlines-boulder/) walks the schedule.

These three rows sit differently from the rest of the table. Most deals have a house to inspect and a policy to bind, so those rows get dated as a matter of course. These describe what a particular property may or may not have: a tenant, a solar lease, a septic system, a financed built-in. Whether they matter is decided house by house, and the section leaves the contract quietly when the answer is no.

| The line on the form                                                    | What it creates                                      | What a blank costs                                                                     |
| ----------------------------------------------------------------------- | ---------------------------------------------------- | -------------------------------------------------------------------------------------- |
| **Due Diligence Documents Delivery Deadline**                           | The seller's duty to deliver, by a date              | Deleted: no delivery duty, and nothing for the late-delivery extension to measure from |
| **Objection Deadline**                                                  | Your date to terminate or object                     | Deleted: no documents-based route out                                                  |
| **Resolution Deadline**                                                 | The date an unresolved objection ends the contract   | Deleted: an objection has no backstop date                                             |
| **The blank listing which leases survive closing** (not a deadline row) | Names the tenancies you take the property subject to | Nothing identified as surviving, on the list possession points at                      |
| **The "Other Documents" blank**                                         | Adds whatever else this house calls for              | Only the pre-printed list applies                                                      |

## What the section actually makes the seller hand over

The list runs to six items, and whether it reads as boilerplate or as the most important paragraph in your contract is a property question. Four tells: **rooftop solar** you don't own outright, lease or power-purchase agreement; **a septic system**, and locally that clause is not hypothetical, because Boulder County requires a transfer-of-title inspection and certificate before a septic property changes hands; **leased equipment** that stays, a water softener or a propane tank; **a tenant** whose lease outruns your closing. Any one of those, and this is the section that makes the seller produce the paperwork, including the debt documents behind anything in the sale that still carries a loan.

Where something comes with the house on a lease or with debt attached, that review is doing more work than it appears. Earlier in the contract the buyer elects Will or Will Not: whether to take on the debt and obligations behind a leased item, and behind an encumbered inclusion. Both elections are written as subject to the buyer's review under this section, the provision a blank deadline deletes. The blank deletes the review those elections point at; what that leaves of the elections, the form doesn't say. The encumbered-inclusion election adds a condition of its own, written lender approval before closing, and the form says that without it the contract terminates. What that means for your contract is a question for your broker and a Colorado real-estate attorney.

The leases subsection carries a second blank the blank-row rule doesn't reach: a space listing which leases or occupancy agreements **survive closing**. The contract calls that list "the Leases," and possession is delivered subject to it, so it isn't clerical. Which way an empty one cuts depends on what you came for: buying to live in, nothing named as surviving is protective; buying for the tenant already there, the tenancy you're counting on is the thing nobody wrote down. What an empty one means when somebody is living in the house is a question for your broker and a Colorado real-estate attorney.

## What you can do once the documents land

Getting them is half of it. On or before the objection deadline the section gives you two routes: deliver written notice terminating the contract, or deliver a written description of what you need corrected.

Objecting starts a clock. If you and the seller haven't agreed in writing by the resolution deadline, the contract terminates on that deadline, unless the seller receives your written withdrawal first. That resolution mechanic runs the same direction as the inspection one.

What the form doesn't say here is whether objecting uses up your right to terminate on the documents. It settles that for inspections, in the inspection section, and is silent about it in this one. Reading a silence like that is a lawyer's question, not ours.

Late delivery has a safety net. If a document arrives after the deadline, you have until closing or ten days after receiving it, whichever is earlier, to review and object, and the resolution date stretches to closing or fifteen days after receipt.

Now set that beside the blank rows. **The extension is measured from the delivery deadline.** No deadline, no provision, nothing to extend. The one protection built for this exact failure is keyed to the field the failure removes.

## Whose job the blank is

Completing the form is your broker's job: under the Commission's rules on standard forms (4 CCR 725-1, chapter 7) a Colorado broker fills in the approved form rather than rewriting it. Checking that the rows you need carry dates is yours, because those dates are terms of your contract.

Yours is a question, not an inspection, and the moment for it is before the offer goes out, since your broker drafts it. Tell them what this house has, solar or septic or leased equipment or a tenant, then ask which of the three rows should carry dates and what belongs on the line listing which leases survive closing. "None of it applied here" is a fair answer, and worth hearing while the contract is still a draft.

Already under contract with those rows blank? The duty is gone, but the documents usually aren't: ask for them anyway, because what the blank removed is the seller's obligation, not the seller's willingness. If they won't produce and it matters to you, what's left is whichever Rights to Terminate are still unexpired, or putting the rows in by mutual written agreement, which takes a separate Commission-approved amend/extend form and the seller's signature. Which of those is open to you is a question for your broker.

An HOA packet [runs on its own clock](https://truenorthboulder.com/guides/hoa-documents-came-late-can-i-walk/), with its own deadline and its own rules. Which objections are worth making at all is a separate question, taken up in [buying a home in Boulder County](https://truenorthboulder.com/guides/buying-a-home-in-boulder-county/).

*True North Boulder is a real-estate team with eXp Realty. This is general information for buyers in Boulder and the northern Front Range, not legal advice; for how this provision applies to your contract, talk to your broker or a Colorado real-estate attorney.*

Sources & notes 
- All contract mechanics are read from the promulgated form itself: [Colorado Real Estate Commission, Contract to Buy and Sell Real Estate (Residential), form CBS1](https://dre.colorado.gov/real-estate-broker-contracts-and-forms?ref=truenorthboulder.com), adoption date August 5, 2025, mandatory use date January 1, 2026; retrieved and read in full 2026-08-16\. The Due Diligence provision sits at § 10.6, its document list at § 10.6.1 (Occupancy Agreements at § 10.6.1.1), and the review, objection, resolution and automatic-extension mechanics at § 10.6.2\. The applicability rule for a blank, “N/A” or “Deleted” deadline is § 3.2; possession “subject to the Leases as set forth in § 10.6.1.1” is § 17.
- The buyer’s Will / Will Not election to assume the debt and obligations behind a leased item sits at § 2.5.8 (Leased Items), and the parallel election for an encumbered inclusion sits in the Encumbered Inclusions provision. Each is written as being made “subject to Buyer’s review under § 10.6.” The encumbered-inclusion election also requires “Buyer’s receipt of written approval by such lender before Closing,” and states that if Buyer does not receive such approval this Contract terminates.
- The form’s section numbering is stable from revision to revision; what shifts is the numbering of the rows in the Dates and Deadlines table, which is why we name the three rows rather than numbering them. They sit near the bottom of that table under the “Inspection and Due Diligence” heading. Confirm the version and the exact rows on your own contract with your broker before relying on any of this.
- On the septic point, the form’s condition is local: it requires the permit where the local health department does. Boulder County does: it requires a transfer-of-title inspection and an OWTS Property Transfer Certificate before a property served by a septic system changes hands, and the duty falls on the seller. Requirements elsewhere in the footprint are set by that county’s health department; check the one your property sits in. [Boulder County Public Health, SepticSmart property transfer.](https://bouldercounty.gov/environment/water/septicsmart/property-transfer/?ref=truenorthboulder.com)
- The form itself carries one internal naming inconsistency worth knowing about: the automatic-extension paragraph refers to the “Due Diligence Documents Deadline” while the deadline row is named the “Due Diligence Documents Delivery Deadline.” We describe that rule in words rather than by label.
- On a broker’s use of the approved forms, see the Commission’s rules regarding real estate brokers, 4 CCR 725-1, chapter 7\. The form’s own header cites that chapter for the prohibition on modifying it.

Common questions

## Frequently asked

What are the Due Diligence Documents in a Colorado real estate contract?+ 

They are a specific list the standard state contract requires the seller to deliver by a set date: all current leases and other occupancy agreements pertaining to the property, including amendments; the leases and information behind any leased personal property transferring to you at closing; the debt and security documents behind any encumbered item included in the sale; a copy of any solar power plan not already covered as a leased item; a septic use permit where the local health department requires one, which the seller pays for and furnishes; and a free line for any other documents the parties write in. It is a property-specific list: unlike inspection and insurance, which apply to nearly any purchase, these documents exist only if this particular property happens to have them.

What happens if the Due Diligence Documents deadline is left blank?+ 

Under the standard contract's applicability provision, a deadline left blank or completed with N/A or the word Deleted is not applicable, and the corresponding provision containing that deadline is deleted. The Due Diligence Documents delivery obligation is a provision containing a deadline, so a blank row does not simply skip a date. It removes the seller's obligation to deliver those documents at all. The distinction that matters is that this is not a right you missed. It is a right that was never created, and the contract settled that at signing rather than at the deadline. The documents themselves are often still obtainable, because what the blank removed is the seller's obligation rather than the seller's willingness, but the contractual duty to produce them is gone.

What if the seller delivers a due diligence document late?+ 

The form builds in an automatic extension. If a document is not delivered by the deadline, the buyer has until the earlier of closing or ten days after actually receiving it to review and object, and the resolution date extends to the earlier of closing or fifteen days after receipt. The catch is that the extension is measured from the delivery deadline. If that deadline was never filled in, the provision has already been deleted, so there is no delivery obligation and nothing for the extension to extend.

Can I terminate the contract over what the Due Diligence Documents show?+ 

The section gives the buyer two routes on or before the objection deadline: deliver a written notice terminating the contract, or deliver a written description of the unsatisfactory documents you require the seller to correct. Objecting starts a clock. If you and the seller have not agreed in writing to a settlement by the resolution deadline, the contract terminates on that deadline unless the seller receives your written withdrawal of the objection first. What this section does not address is whether delivering an objection uses up your right to terminate on the documents; the contract settles that question for inspections, in the inspection section, and is silent about it here. Reading that silence is a lawyer's question rather than ours, so which route fits your situation is a call for your broker, and for a Colorado real-estate attorney if anything in the documents is material to your decision.