Frascona: Carbon Monoxide detector rule doesn't stink, but be careful

By Oliver E Frascona

There is no need to panic over  carbon monoxide detector rules.

Colorado  state law requires that the monitors  be in the property, but there is no prohibition upon the buyer and seller agreeing to sell without them being in the property.

None.

If you want to make sure that they are included then insert in additional provisions “Seller shall, in addition to all other personal property, insure that the Property includes ___ working carbon monoxide detectors”.

That sounds good, does it not?

It does not.  No seller wants to guarantee that these things are working.

We all want the same thing – to get the property sold.

So how about this one then: “Seller shall include in the personal property list ___ carbon monoxide detectors and does not guarantee that they are working as of the date of possession. Buyer is advised to make a determination about their operation. This contract is not conditional upon the existence of these detectors or their operational status and they are not an integral part of this contract.”

Keep your eye on the ball.

We need to get the home sold.

Thinking about “giving” them to the new owner.

Fine with me.

Hand the buyers the monitors in the wrapper, sealed and not installed by the REALTOR®.

Sure, give them a label that says “presented in the package by XYZ realty and installed by the owner” and ask them to put that label on the package. Now, send them that sealed battery each year with a nice note and they will remember you forever.

Oliver E. Frascona, Esq. is licensed to practice law in Colorado and is a shareholder in Frascona, Joiner, Goodman and Greenstein, P.C. in Boulder, Colorado and can be reached at 303-494-3000 or oliver@frascona.com.

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