Owner / Agent Disclosure

Montrose-RealEstate.com

Effective Date: June 9, 2026
Last Updated: June 9, 2026

Purpose of This Disclosure

This Owner/Agent Disclosure is provided by Montrose-RealEstate.com in compliance with
Colorado real estate law, including Colorado Revised Statutes Title 12, Article 10 (Colorado Real
Estate Broker License Act), 4 CCR 725-1 (Rules Regarding Real Estate Brokers), and applicable
Colorado Real Estate Commission (CREC) position statements.

This disclosure is intended to inform consumers — buyers, sellers, tenants, and landlords —
about:

  1. Our licensed brokerage status and broker identities
  2. The brokerage relationships available under Colorado law
  3. Circumstances in which our licensed brokers may act as a principal (owner/buyer) in a
    transaction
  4. Your rights as a consumer in any such transaction

Please read this disclosure carefully before entering into any agreement or transaction with
Montrose-RealEstate.com or any of its licensed brokers.

Our Licensed Brokers

Montrose-RealEstate.com is a licensed Colorado real estate brokerage regulated by the Colorado
Real Estate Commission (CREC), Division of Real Estate, Colorado Department of Regulatory
Agencies (DORA). Our licensed brokers are:

BrokerEmailPhoneCREC License #
ScottScott@Montrose-RealEstate.com970-209-2234EI40001400
MarilynMarilyn@Montrose-RealEstate.com970-209-3931EA40037493
LeviLevi@Montrose-RealEstate.com970-708-0930FA100070701

License status may be verified at any time through the Colorado Division of Real Estate at
dora.colorado.gov/real-estate.

Available Brokerage Relationships Under Colorado Law

Under Colorado law (C.R.S. § 12-10-403), brokers may work with buyers and sellers in the
following capacities. The relationship established between you and any broker at
Montrose-RealEstate.com must be disclosed to you in writing in a timely manner.

Seller's Agent (Listing Agent)

A seller's agent works solely on behalf of the seller to promote the seller's interests with the
utmost good faith, loyalty, and fidelity. The seller's agent negotiates on behalf of and acts as an
advocate for the seller. The agent must disclose to potential buyers all adverse material facts
actually known by the agent about the property. A separate written listing agreement is
required.

Buyer's Agent

A buyer's agent works solely on behalf of the buyer to promote the buyer's interests with the
utmost good faith, loyalty, and fidelity. The buyer's agent must disclose to potential sellers all
adverse material facts actually known, including the buyer's financial ability to perform and,
for residential property, whether the buyer intends to occupy the property. A separate written
buyer agency agreement is required.

Transaction-Broker

A transaction-broker assists the buyer, seller, or both throughout a transaction by performing
terms of any written or oral agreement, fully informing the parties, and presenting all offers —
without being an agent or advocate for either party. A transaction-broker must use reasonable
skill and care and make the same disclosures as agents about all adverse material facts actually
known.

Colorado Default: Under Colorado law, a broker is presumed to be acting as a
transaction-broker unless a written agency agreement establishing a different
relationship has been signed.

Customer (No Brokerage Relationship)

A customer is a party with whom no brokerage relationship exists. A broker working with a
customer provides only ministerial acts (e.g., showing property, conveying written offers) and
is not the customer's agent or advocate. No written agreement is required for this relationship

Broker Acting as Principal — Owner/Agent Disclosure

THIS SECTION CONTAINS REQUIRED DISCLOSURES UNDER COLORADO LAW.


Pursuant to 4 CCR 725-1, Chapter 6, Rule 6.9, if any licensed broker at Montrose-RealEstate.com
buys, sells, or leases real property on their own account (i.e., acts as a principal in a
transaction involving property they own or are purchasing), that broker must disclose their licensed status in the contracting instrument or in a separate written disclosure before or at
the time of entering into any such transaction.

What This Means for You

If any of our licensed brokers is a party to a transaction in which you are also a party — for
example, if a broker at Montrose-RealEstate.com is selling their own property to you, purchasing
your property, or leasing their own property to you — the following applies:

  • The broker must disclose in writing that they hold a Colorado real estate license and that such license may give them an advantage during negotiations
  • The broker cannot represent you (the other party) in the same transaction in which they are a principal, except under limited circumstances with your full written informed consent
  • You have the right to seek independent representation from a broker of your choosing
  • The broker remains subject to all duties under Colorado law to disclose all adverse material facts known to them about the property, regardless of their role as principal
  • Choosing the "No Representation" option on a Seller's Property Disclosure does not relieve a licensed broker of the obligation to separately disclose all known material facts

Your Rights When a Broker Is a Principal

When a licensed broker at Montrose-RealEstate.com is acting as an owner, buyer, or lessor in a
transaction involving you, you have the right to:

  1. Know that you are transacting with a licensed real estate broker
  2. Seek your own independent licensed representation at no obligation from us
  3. Receive full disclosure of all adverse material facts known to the broker about the property
  4. Receive a Seller's Property Disclosure form (for residential property), even when the seller
    is a licensed broker
  5. Receive all other legally required disclosures, including lead-based paint disclosure (for
    homes built before 1978), oil and gas activity disclosure, special taxing district disclosure,
    common interest community disclosure, and water source disclosure, as applicable under
    C.R.S. §§ 38-35.7-101 through 38-35.7-108

Conflict of Interest Disclosure

Under 4 CCR 725-1, Chapter 6, Brokers and Brokerage Firms have a continuing duty to disclose
in writing any known conflict of interest that may arise in the course of any real estate
transaction or activity.


A conflict of interest may arise when:

  • A broker has a personal financial interest in a property being recommended or shown to a client
  • A broker has a personal, family, or business relationship with any party to the transaction
  • A broker holds a license and is simultaneously acting as a buyer, seller, landlord, or tenant in the same transaction
  • A broker has an affiliated business relationship with a settlement service provider (e.g., title, mortgage, inspection)

If any conflict of interest is identified in your transaction with Montrose-RealEstate.com, it will be
disclosed to you in writing before or at the time the conflict arises.

Designated Brokerage

Colorado operates under a designated brokerage model. This means that the brokerage
relationship exists between a client and their designated broker only — not between the client
and all brokers at the same firm. For example:

  • If you work with Scott as your buyer's agent, your agency relationship is with Scott — not with the brokerage firm as a whole
  • Other brokers at Montrose-RealEstate.com do not have access to your confidential client information without your written informed consent

As of January 1, 2026, Colorado law requires that a designated broker obtain your written
informed consent before sharing your confidential information with a supervising broker.

Adverse Material Facts — Broker Duty to Disclose

Regardless of the brokerage relationship established, all licensed brokers at
Montrose-RealEstate.com have a duty under Colorado law to disclose to all parties all adverse
material facts actually known to the broker. This duty applies whether the broker is acting as a
seller's agent, buyer's agent, transaction-broker, or as a principal.

Adverse material facts include, but are not limited to:

  • Known structural defects (foundation, roof, walls)
  • Water damage, mold, or flooding history
  • Environmental hazards affecting the property
  • Title defects or encumbrances
  • Physical condition issues that affect value, desirability, or safety
  • Methamphetamine laboratory history (C.R.S. § 38-35.7-103)
  • Mineral rights severance or oil and gas activity (C.R.S. § 38-35.7-108)
  • Common interest community membership obligations (C.R.S. § 38-35.7-102)
  • Special taxing district obligations (C.R.S. § 38-35.7-101)

No Obligation to Use Our Services

You are never required to use Montrose-RealEstate.com or any of its brokers to complete a real
estate transaction. You are free at any time to seek the services of any other licensed Colorado
real estate broker. We do not condition any transaction on your use of any specific settlement
service provider, including title, mortgage, inspection, or legal services.

Acknowledgment and Contact

If you have questions about this Owner/Agent Disclosure, the brokerage relationships available
to you, or any potential conflict of interest in your transaction, please contact us:

Montrose-RealEstate.com
62470 Ophir Circle
Montrose, Colorado 81403
United States

Scott: Scott@Montrose-RealEstate.com | 970-209-2234 | License: EI40001400
Marilyn: Marilyn@Montrose-RealEstate.com | 970-209-3931 | License: EA40037493
Levi: Levi@Montrose-RealEstate.com | 970-708-0930 | License: FA100070701

Website: https://www.Montrose-RealEstate.com

This Owner/Agent Disclosure was prepared with reference to Colorado Revised Statutes Title 12, Article
10 (Colorado Real Estate Broker License Act); C.R.S. §§ 38-35.7-101 through 38-35.7-108 (Residential
Property Disclosure Requirements); 4 CCR 725-1, Chapters 6 and 7 (Rules Regarding Real Estate
Brokers); and applicable Colorado Real Estate Commission position statements and guidance. This
document is intended for informational and operational purposes and does not constitute legal advice.
Montrose-RealEstate.com recommends that a licensed Colorado real estate attorney review this document before publication to confirm ongoing compliance with current law.

References

  1. 12-10-403. Relationships between brokers and the public - COCODE - The applicable designated
    broker relationship shall be disclosed in writing to the seller or landlor…
  2. 4 CCR 725-1, ch. 6 - Practice Standards | State Regulations | US Law - B. If a Broker sells, buys, or
    leases real property on the Broker's own account, such Broker must di…
  3. [PDF] Colorado Brokerage Disclosure to Seller - eForms - No written agreement is required.
    Customer: A customer is a party to a real estate transaction with …
  4. [PDF] Chapter 14: Listings - Colorado Department of Education - a real estate licensee in Colorado is
    acting as a transaction-broker unless there is a written agenc…
  5. Did You Know? Brokers must disclose material facts on their own … - Brokers are required to
    disclose all material facts to all parties, whether they own the property be…
  6. Disclosure of Adverse Material Facts and Latent Defects in Real … - A broker representing a seller
    must also disclose to that seller all adverse material facts actually…
  7. Colorado Revised Statutes Section 38-35.7-102 (2022) - Disclosure - THE DECLARATION, BYLAWS,
    AND RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM
    MAKI…
  8. Colorado Revised Statutes Section 38-35.7-108 (2018) - Disclosure … - A rule requiring each contract
    of sale or seller's property disclosure for residential real property…
  9. residential-real-estate-sellers-property-disclosure-requirements … - Colorado's requirement to
    disclose is limited to actual knowledge. Disclosure of any defects would l…
  10. Code of Colorado Regulations, Rule 4 CCR 725-1, Chapter 6 - A. In order to conduct Real Estate
    Brokerage Services, a Broker must possess the necessary experienc…
  11. Colorado Brokers Must Obtain Informed Consent Before Sharing … - Colorado brokers must obtain
    written informed consent before sharing confidential client information…
  12. Can I Sue Colorado Seller for Failure to Disclose Defects? - If the seller did not disclose a defect
    about the home you purchased, give us a call. Our real estat…
  13. Disclosure Requirements in the Sale of Colorado Real Property - In Colorado, sellers are legally
    required to disclose known adverse material facts—conditions or pro…
  14. Colorado Sellers Must Disclose Past Meth Lab Use on … - Facebook - The legal basis for this
    requirement is found in Colorado Revised Statutes § 38-35.7-103, which prot…


Address
62470 Ophir Circle, Montrose, CO 81403
Broker Name
Marilyn Scarborough
Scott Scarborough
Levi Sila
Broker License
EA.040037493
EI.040001400
FA100070701
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