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2021 Colorado Code
Title 38 - Property - Real and Personal
Article 30 - Titles and Interests
§ 38-30-116.5. Preparation of Deeds - Definition
Universal Citation: CO Code § 38-30-116.5 (2021)
- In connection with the issuance of a policy of title insurance, but subject to the terms of this statute, a licensed title insurance entity may prepare deeds for the conveyance of real property in accordance with the forms described in section 38-30-113 (1).
- A deed prepared by a licensed title insurance entity containing a covenant of warranty as provided in section 38-30-113 (1)(a) or (1)(b) must:
- Include a limitation on the warranty of title pursuant to section 38-30-113 (4)(a); and
- Use the words “subject to statutory exceptions” and no other terms or descriptions, unless the preparing licensed title insurance entity is otherwise instructed in writing by both:
- The grantor or an authorized agent for the grantor; and
- The grantee or an authorized agent for the grantee.
- When preparing a deed pursuant to this section in which the phrase “subject to statutory exceptions” is used, a licensed title insurance entity shall not disclaim, limit, or seek indemnification against liability for any negligence by the licensed title insurance entity.
- As used in this section, “licensed title insurance entity” means a title insurance entity, as defined in section 10-11-102 (11).
History. Source: L. 2019: Entire section added, (HB 19-1098), ch. 18, p. 67, § 2, effective March 7.
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