> ## Content Index > Fetch the complete content index at: https://truenorthboulder.com/llms.txt > Use this file to discover other available public pages before exploring further. # What Conveys With a House in Colorado? - URL: https://truenorthboulder.com/guides/what-conveys-colorado-home-inclusions/ - Published: 2026-09-10T09:00:00.000Z - Updated: 2026-09-10T08:59:59.000Z - Description: Listing photos promise nothing. What stays with a Colorado house is decided by two printed lists and two blanks in the standard contract, and a storage shed conveys whether it is attached or not. The case that catches buyers is an item the seller owns but is still paying for. - Author: Daniel Hsieh - Tags: Answer Brief, Buying, Selling, Colorado Law You toured twice. Both times there was a refrigerator in the kitchen, a washer and dryer downstairs, and a storage shed in the corner of the yard. In Colorado the shed is yours after closing, by name, unless the seller wrote it out. The other two only if somebody wrote them onto a blank line. > **The short answer:** What stays with the house is set by the **Inclusions and Exclusions** section of Colorado's standard contract, in mandatory use since January 1, 2026\. It calls itself the *entire agreement* and merges everything said before it, so listing photos bind nobody. That section is **two printed lists** that convey by default plus **two blanks** for the rest. The case that catches buyers is an item the seller **owns but still owes money on**. ## Photos aren't a promise The staged furniture is not an offer to sell you anything, and neither is an inclusions field. The contract and its exhibits "constitute the entire agreement between the parties," and prior agreements, "whether oral or written, have been merged and integrated into this Contract." If it matters, it has to reach the contract. [Everything else you negotiate](https://truenorthboulder.com/guides/buying-a-home-in-boulder-county/) lands on that same page, and for the same reason. ## Two printed lists and two blanks | Where it is decided | What it covers | What happens by default | | ------------------------------ | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | **Inclusions, Attached** | Lighting (yes, the dining chandelier), heating, plumbing, ventilating and air conditioning units, TV antennas, inside telephone, network and coaxial wiring and connecting blocks and jacks, plants, mirrors, floor coverings, intercom systems, built-in kitchen appliances, sprinkler systems and controls, built-in vacuum systems, garage door openers and a written-in number of remotes | Conveys **if attached** on the contract date. Tick-boxes add owned solar panels, water softeners, security systems and satellite systems. | | **Inclusions, Additional** | Storm windows, storm doors, window and porch shades, awnings, blinds, screens, window coverings and treatments, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, carbon monoxide alarms, smoke and fire detectors, and all keys | Conveys **whether attached or not**, if it is there on the contract date. The trigger is the reverse of the one everyone assumes: a shed on skids in the grass is included by name, and so is a free-standing heating stove, and so is every key. No fixture argument reaches them. | | **Other Inclusions** (a blank) | Anything else, "whether fixtures or personal property": the refrigerator, the washer and dryer, a mounted television (the bracket is attached and the set is not), a freestanding hot tub, a smart doorbell | Conveys **only if written in** | | **Exclusions** (a blank) | Whatever the seller is keeping | Stays with the seller **only if written in**. If you are selling, the two lists above are what you are obliged to leave, the dining chandelier included. This blank is the only way to keep any of it, and it has to be filled in before anyone signs. | Everything on neither list is where the disputes live. You can argue for a week about whether a thing is a fixture, or write it into Other Inclusions in a sentence. Mirrors are on the attached list: a bolted one stays, and whether one on a hook counts is what the blank is for. ## An inclusion the seller still owes money on What's owed is another question. The default protects you. Anything the seller owns and is including "must be conveyed at Closing by Seller free and clear of all taxes ... liens and encumbrances," followed by an exception line for whatever will not be. More often than not there is nothing to put there. When it is not, you have an **Encumbered Inclusion**: something the seller genuinely owns but financed, with a lender still holding a claim. Financed solar, rather than leased. The Contract to Buy and Sell Real Estate asks you to tick **Will** or **Will Not** assume that debt, subject to review of the debt documents "and Buyer's receipt of written approval by such lender before Closing. If Buyer does not receive such approval this Contract terminates." Tick **Will Not** and there is no lender approval left to fail. But Will Not is not "the seller pays it off." The free-and-clear rule ends in the word **except**, and an Encumbered Inclusion is whatever someone wrote on that line, so it is already carved out. Neither box, by itself, makes the seller clear the lien. Title and closing practice usually closes that gap: the payoff comes off the closing statement like a second mortgage. On solar the loan usually surfaces on the title commitment, late but in time, so read those exceptions with your broker when it lands. The one that gets missed is smaller, a water softener or a furnace on the installer's payment plan, where nothing may be recorded anywhere and the first anyone hears of it is a seller saying the softener is going with them. The Seller's Property Disclosure asks one binary on solar panels, security systems, fuel tanks and water filters: **Owned or Leased**. There is no box for *owned, and still being paid for*, so a financed array gets ticked "Owned," truthfully, and nothing on the form asks for the loan. Leased flips the ownership, since the seller never owned the equipment, and we take that one separately. Either way the paperwork behind it is owed by [a delivery deadline that exists only if somebody dated it](https://truenorthboulder.com/guides/due-diligence-documents-deadline-colorado/). ## Write it down, then walk it **Before the offer goes out**, tell your broker what you expect to be there: the refrigerator, the washer and dryer, the mounted TV, the shop shelving. Say it before the form is filled in. What never reaches the page is what nobody owes you. **Before closing**, use the walk-through, which the contract gives you "to verify that the physical condition of the Property and Inclusions complies with this Contract." Open the shed then, not on the afternoon you get the keys. The contract conveys the property and inclusions "As Is" except where it says otherwise, so this confirms the shed is there, not that it is any good. If you're the seller with the loan, get the equipment lender's payoff figure before you price the house — that number comes out of [the proceeds you were planning to move up with](https://truenorthboulder.com/guides/seller-net-proceeds-colorado/). And if that exception line carries anything, take it to your broker, and to a Colorado real-estate attorney if the amount is real, before you tick a box. *True North Boulder is a real-estate team with eXp Realty. This is general information for Front Range buyers and sellers, not legal, tax or financial advice; for your own contract, talk to your broker or a Colorado real-estate attorney.* Sources & notes - All contract language is quoted 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; downloaded and read in full 2026-08-22\. Inclusions sit at § 2.5: Attached at § 2.5.1, Additional at § 2.5.2, Other Inclusions at § 2.5.3, Encumbered at § 2.5.5, personal-property conveyance by bill of sale at § 2.5.6, Leased Items at § 2.5.8\. Exclusions are § 2.6\. The entire-agreement and merger language is § 25; the “As Is” acknowledgement is the last sentence of § 10.2; the walk-through right is § 18.4; the seller’s duty to deliver the debt and security documents behind an encumbered inclusion is § 10.6.1.3, keyed to the Due Diligence Documents Delivery Deadline. - **On the version.** The Division posts this file with “V2” in its filename; the document’s own header carries no “V2” and prints only the adoption and mandatory-use dates above. Section numbering moves between revisions, which is why the body of this piece names sections in words and the numbers live here. Confirm both the version and the numbering against your own contract with your broker. - **The encumbered-inclusion provision is not new for 2026.** The Commission’s own redline against the prior form (CBS1-6-24, mandatory 8-24) shows the free-and-clear default, the Will / Will Not election, the lender-approval condition and the termination consequence were all present in the 2024 form. What changed in this section was naming: “Encumbered Inclusions” became “Inclusions - Encumbered,” and “Inclusions – Not Attached” became “Inclusions – Additional,” correcting a title that contradicted its own text, since that list applies whether an item is attached or not. The list of items itself did not change. - The Owned / Leased question, and the absence of any encumbrance question, are read from [Seller’s Property Disclosure (Residential), form SPD19](https://dre.colorado.gov/real-estate-broker-contracts-and-forms?ref=truenorthboulder.com), same Adoption Date August 5, 2025 and Mandatory Use Date January 1, 2026; downloaded and read in full 2026-08-22\. The Owned / Leased election appears on the TV antenna, satellite or DSS dish, solar panels, wind generators, security system, fuel tanks, water softener and water filter system rows. The form’s only reference to a lien is to government special improvements against the property itself. - On a broker completing rather than drafting the approved forms, see the Commission’s Rules Regarding Real Estate Brokers, [4 CCR 725-1, chapter 7](https://www.coloradosos.gov/CCR/DisplayRule.do?action=ruleinfo&ruleId=2307&deptID=18&agencyID=98&deptName=Department+of+Regulatory+Agencies&agencyName=Division+of+Real+Estate&seriesNum=4+CCR+725-1&ref=truenorthboulder.com); the form’s own header cites 4 CCR 725-1-7.2 for the prohibition on modifying it. - **What we are not telling you.** Whether an unlisted item is a fixture turns on common-law tests, and we found no retrievable Colorado decision for them in this pass, so we cite none and we do not rule on any particular item. The contract supplies a better answer than a test does, which is the blank. Common questions ## Frequently asked Does the refrigerator stay with the house in Colorado?+ Only if someone writes it into the contract. The standard contract includes built-in kitchen appliances when attached on the contract date, and a free-standing refrigerator is not built in. A washer and dryer appear on neither printed list. If you expect them, they belong in the Other Inclusions blank, which your broker fills in when preparing the offer.