Carbon monoxide rules don’t have to be hazardous
By Oliver E, Frascona, Frascona, Joiner, Goodman and Greenstein, P.C.
There is no need to panic over the carbon monoxide rules.
The state law requires that carbon monoxide detectors 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 that the “Seller shall, in addition to all other personal property, insure that the property includes (insert number) working carbon monoxide detectors.” Now that sounds good, does it not?
But 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 (insert number) 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.”
Thinking about “giving” carbon monoxide detectors to the new owner? Fine with me – 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.” Now, send them a sealed battery for it 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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