John Galloway March 31, 2025
Buying a home in Colorado, especially in the fast-paced Denver metro area, comes with its own language. You’ll hear terms like appraisal, escrow, and contingency thrown around daily. Don’t worry – we’ve got you covered! In this guide, we break down 10 essential real estate terms in clear language. We’ll give you definitions, real-life examples, and Colorado-specific context so you can navigate your home purchase with confidence. Let’s dive in:
Definition: An appraisal is an expert assessment of a property’s value by a licensed appraiser. Lenders require an independent appraisal to ensure the home is worth at least the loan amount. The appraiser evaluates the home’s condition, size, location, and recent comparable sales to determine a fair market value.
Typical Scenario: Suppose you agreed to pay $500,000 for a Denver home. If the home appraises at $480,000, the lender will usually only lend based on $480,000 – the appraised value. You then have a few options: make up the $20,000 difference with a larger down payment, negotiate with the seller to lower the price, or (if you have an appraisal contingency) walk away from the deal and keep your earnest money. In a competitive Denver market, some buyers include an “appraisal gap” clause – essentially promising to bring extra cash if the appraisal comes in low – to strengthen their offer.
Colorado Context & Tips: In Colorado contracts, the appraisal often ties into the financing contingency, especially with an FHA loan.
Pro Tip: If your lender believes there is time, try to schedule the appraisal as soon as you’re confident that contract will proceed past the inspection contingencies. If the lender shows up to the property, you are on the hook for the cost of the appraisal regardless of if the contract is cancelled. And if you’re offering well above asking price in Denver’s hot market, be prepared to address a potential appraisal shortfall – either with extra funds or by negotiating with the seller.
Definition: A contingency is a condition or requirement in the purchase contract that must be satisfied for the deal to proceed. If a contingency is not met to the buyer’s satisfaction, the buyer can typically back out of the sale without penalty (and usually receive their earnest money refund). In other words, contingencies protect the buyer by making the sale contingent on certain events or findings.
Typical Scenario: Common contingencies include a financing contingency (the offer depends on the buyer securing a loan), an inspection contingency (the offer depends on a satisfactory home inspection), and an appraisal contingency (the offer depends on the home appraising at or above the purchase price). For example, if you have a financing contingency and your mortgage approval falls through, you can terminate the contract per the contingency and recover your earnest money. Likewise, an inspection contingency lets you request repairs or terminate the contract if serious issues are found during the home inspection.
Colorado Context & Tips: Colorado’s standard Contract to Buy and Sell Real Estate lays out many specific contingency deadlines (often called “objection” or “termination” deadlines) that buyers and sellers must adhere to. For instance, there will be an Inspection Objection Deadline, an Appraisal Deadline, a Loan Termination Deadline, etc., each by which the buyer must take action if something is unsatisfactory. If a buyer misses a deadline, the contingency is considered waived and the contract moves forward.
Best Practice: Work closely with your agent to calendar all these deadlines. If they use a contracts software like CTME Contracts, your agent may be able to send you an eCalendar with all of the dates and deadlines in a calendar format. Never intentionally skip or ignore a contingency without careful consideration – waiving contingencies (like buying “as-is” with no inspection contingency) might make your offer stronger to a seller, but it also increases your risk. Make sure you understand each contingency and only waive protections if you’re fully comfortable with the risk.
Definition: Earnest money is a good-faith deposit a buyer offers to the seller when a contract is signed, to demonstrate that the buyer is serious about purchasing the home. This deposit is typically held in escrow by a neutral third party (often a title company in Colorado) until closing. If the sale goes through, the earnest money is applied toward the buyer’s down payment or closing costs. If the deal falls apart due to a valid contingency, the earnest money is usually returned to the buyer. However, if the buyer breaches the contract (for example, backing out for a non-contingency reason after deadlines have passed), the seller may have the right to keep the earnest money.
Typical Scenario: How much is needed? In Colorado, it varies by price and market conditions, but homebuyers are generally expected to provide around 1–3% of the purchase price as earnest money. For instance, on a $300,000 home, an earnest money deposit might range from $3,000 to $9,000. If you go under contract on a Denver home for $500,000, you might put up around $5,000–$15,000 as earnest money within a few days of contract acceptance. That money is then held by the title company (escrow agent) while you work through inspections, appraisal, and loan approval. Come closing, that deposit will be credited toward your down payment or closing costs. But say you decide to back out at the last minute for a non-approved reason (for example, cold feet after all deadlines have passed) – the seller could potentially keep your deposit as compensation for lost time on the market.
Colorado Context & Tips: In the Denver metro area, earnest money is typically due pretty quickly – often by the “Earnest Money Deadline” in the contract, which might be just 3–5 business days after the offer is accepted. The funds need to be delivered to the escrow agent and go into an escrow/trust account held by a title company or the listing brokerage. An earnest money receipt will then be issued, which is proof that you've complied with the deadline.
Pro Tip: Make sure those funds are ready to go so you don’t miss the deadline. Also, be very clear on what conditions allow you to get your earnest money back – your agent will help ensure contingencies (financing, inspection, appraisal, etc.) are documented. If you do back out within your rights, you’ll sign an earnest money release to get your deposit refunded. But if you default on the contract, the seller can claim that money, so always communicate with your agent before making any decision that might risk your deposit.
Definition: Escrow is a process in which the parties in a real estate transaction deposit funds and documents with a neutral third party (the escrow agent) who holds them in trust until certain conditions are met. In simpler terms, think of escrow as a secure holding account for money and important paperwork. Once all the contract conditions are satisfied (such as loan approval, title clear, etc.), the escrow agent distributes the funds to the appropriate parties and facilitates the transfer of ownership, officially “closing” the escrow.
Typical Scenario: In a Colorado home sale, the title company often serves as the escrow agent. For example, when you go under contract on a Denver home, your earnest money check is deposited with the title company into an escrow account. That money sits there safely while you complete inspections and your lender finalizes the loan. The seller may also deposit the deed and other signed documents into escrow. Neither you nor the seller can access the escrowed funds/documents until all conditions are met. At closing, the escrow officer (title agent) will apply your earnest money toward the purchase, collect the rest of your down payment and loan funds, pay off any existing liens, pay the seller their proceeds, and record the new deed. Only when every step is done does the escrow close and you get the keys to your new home.
Colorado Context & Tips: Colorado is considered an “escrow state,” meaning closings are usually handled by title companies (as opposed to attorney-only closings in some states). The term “escrow” might also come up in two contexts: escrow for the transaction (as described above) and an escrow account for your mortgage. The latter is a separate concept where your lender holds money for taxes and insurance after you own the home. In a Colorado closing, expect the title company to manage the escrow process smoothly – they act as a neutral facilitator for both buyer and seller.
Pro Tip: Always use secure methods for transferring funds into escrow. Wire fraud is a real threat in real estate transactions – double-check wiring instructions by calling the title company on a verified number before sending any money. Once in escrow, your funds are protected, but you play a role in getting them there safely. Finally, lean on your agent and the escrow officer to guide you; if any conditions (contingencies) remain unmet as deadlines approach, discuss whether to extend deadlines or, if necessary, terminate before risking your earnest money.
Definition: After a home inspection, if the buyer is not satisfied with the home’s condition, they can raise an inspection objection – a formal notice to the seller listing the issues they want repaired or resolved. In Colorado, the Inspection Objection Deadline is the date by which the buyer must notify the seller in writing of any unsatisfactory conditions discovered during inspection that the buyer wants the seller to fix. The inspection objection is essentially a request for remedies, and it opens a negotiation phase between buyer and seller.
Typical Scenario: Imagine you’re buying an older home in Denver and your inspection turns up a few concerns – say, a leaky water heater, some roof damage, and a malfunctioning garage door. By or before the Inspection Objection Deadline (often about 7–10 days after going under contract), you would submit an Inspection Objection Notice outlining these issues and proposing solutions (e.g., asking the seller to replace the water heater and repair the roof, and to service the garage door opener). Once the seller receives this, you enter the resolution phase: the seller can agree to all, some, or none of your requests. In Colorado, there is usually an Inspection Resolution Deadline a few days later by which both parties must agree in writing on how to handle the objections– whether the seller will make repairs, offer a credit, or another compromise. If an agreement isn’t reached by that date, and you don’t withdraw your objection, the contract typically terminates and you (the buyer) can recover your earnest money.
Colorado Context & Tips: The term “Inspection Objection” is very specific to Colorado’s contract process. Not all states separate this step – some states just have an inspection period after which the buyer either accepts the home or cancels. Colorado’s approach formalizes it into an objection and resolution process. Note that Colorado’s updated contracts also include an Inspection Termination Deadline (which can give the buyer a right to walk away without proposing fixes at all), but if you go the route of raising an objection, then you proceed to resolution.
Best Practices: Schedule your home inspection soon after going under contract to allow time for follow-ups (like specialist inspections for sewer or radon, common in Denver). By the objection deadline, be sure you’ve decided which issues are deal-breakers vs. which you can live with. Prioritize health, safety, and expensive-to-fix issues in your objection. Cosmetic or minor issues might be better to handle yourself later, so you don’t overwhelm the seller with requests. Keep your tone reasonable and focused on legitimate concerns – in a seller’s market, asking for too much could risk the seller saying no to everything. However, never waive an inspection if you’re unsure; you can always choose to request nothing, but the inspection contingency (objection process) is your safety net for undiscovered problems. If the inspection reveals a major issue that you just aren’t comfortable with (foundation problems, for example), you could choose to invoke your inspection termination right rather than negotiating. Always loop in your real estate agent – they’ll help draft the objection notice and guide the negotiation with the seller.
Definition: These are two stages of preparing for a mortgage. A pre-qualification is an informal, preliminary evaluation of your finances by a lender, often based on self-reported information. It gives you a ballpark idea of how much you might be able to borrow. A pre-approval, on the other hand, is a more formal and thorough process. With a pre-approval, you fill out a mortgage application and provide documentation (pay stubs, bank statements, etc.), and the lender performs a credit check and possibly an underwriting review. The result is a pre-approval letter stating how much the bank is willing to lend you, usually contingent on the property appraisal and other conditions. Importantly, a pre-approval holds much more weight with sellers – it signals that you’re not only willing, but able to buy the home.
Typical Scenario: If you’re starting to look for homes in Denver, you might first get pre-qualified online or with a phone call. For example, you tell a lender your income, debt, and desired down payment, and they say, “You’re pre-qualified for up to $500,000.” That’s a starting point, but not a guarantee of a loan. Before you actually go house hunting in earnest, you’ll want to get pre-approved. During pre-approval, the lender verifies your financial information. You might fill out a detailed application, provide W-2s and tax returns, and allow a credit inquiry. If all checks out, you receive a pre-approval letter perhaps saying “Pre-approved for a loan of up to $500,000.” When you make an offer on a house, you include this letter to show the seller you’ve been vetted by a lender. This makes your offer far stronger than someone who is only pre-qualified. In effect, a pre-qualification is like an educated guess, whereas a pre-approval is the real deal (almost like having the money in hand, pending only the property details).
Colorado Context & Tips: In the Denver metro area’s market, most sellers require a pre-approval letter (or proof of funds for cash buyers) to even consider an offer. A simple pre-qualification won’t cut it when multiple offers are on the table. In fact, submitting an offer without a pre-approval letter attached is a quick way to land in the “rejected” pile.
Pro Tip: Get pre-approved before you start seriously shopping. This not only strengthens your offer, but also ensures you know your budget. Shop around with different lenders for pre-approval to find the best interest rates and programs (it’s okay to have multiple credit pulls from mortgage lenders within a short period; they typically count as one inquiry for credit-score purposes). Also, keep in mind that a pre-approval is not a final loan commitment – you’ll still need to formally apply for the loan for the specific house you go under contract on, and avoid big changes (like taking on new debt, changing jobs, or making large purchases) during your home search. Those could jeopardize your eventual final loan approval. In summary, pre-approval > pre-qualification when it comes to buying power. It shows sellers you mean business, and in Denver’s market, it’s more or less a must-have for buyers.
Definition: Title insurance is a type of insurance policy that protects against financial loss from defects or problems in a property’s title (ownership history). There are two main types: Lender’s title insurance (which protects the mortgage lender’s interest in the property) and Owner’s title insurance (which protects you, the homeowner). The lender’s policy is almost always required if you have a mortgage, and it protects the lender up to the loan amount. The owner’s policy is optional but highly recommended (and in Colorado, often paid for by the seller as a courtesy). Title insurance covers issues like unknown liens, claims by missing heirs or ex-spouses, errors in public records, or fraud/forgery that could threaten your ownership after purchase.
Typical Scenario: When you go under contract, the title company will perform a title search to look for any problems (liens, easements, or disputes on the property). Ideally, the title comes back “clean” or with only standard exceptions. Title insurance then ensures that if later someone pops up claiming an interest in the property, you’re protected. For example, say after closing, you discover there was an old unpaid property tax lien that the title search missed. Without title insurance, you might have to pay that debt or fight it in court on your own. With title insurance, the title company would step in to cover the costs or resolve the issue. Another scenario: a year after you buy your Denver home, someone knocks on your door claiming they inherited the property from a long-lost relative and the sale shouldn’t have happened. If their claim has any validity, your title insurer provides legal defense and covers any losses per the policy. These situations are rare, but title insurance is all about peace of mind for worst-case scenarios.
Colorado Context & Tips: In Colorado, it’s common for the seller to pay for the owner’s title insurance policy for the buyer (this is a negotiable item, but it’s a longstanding custom). The buyer typically pays for the lender’s title policy (if you have a loan) as part of closing costs. The title company usually issues both policies.
Tip: Even if you’re paying cash (no lender involved), don’t skip getting an owner’s title insurance policy. It’s a one-time premium at closing that can protect your equity for as long as you own the home. Also, when you receive the title commitment during the contract period (usually by the Title Deadline in the Colorado contract), review it with your agent. Look at the listed exceptions and requirements. For instance, the commitment will show if there are any liens that need to be cleared or any easements or HOA covenants that will remain. It’s good to know those before you proceed. If something major turns up (e.g., an unexpected lien or an ownership dispute), that can be addressed via the Title Objection Deadline in the contract. Your agent and possibly a real estate attorney can help if there are red flags. Bottom line: Title insurance ensures you really own your home free and clear – it’s an essential safeguard in Colorado transactions, and fortunately, sellers here often foot the bill for the owner’s policy as part of “closing costs”.
Definition: Under contract means the buyer and seller have signed a purchase agreement and agreed on terms, but the sale hasn’t closed yet. The home is effectively spoken for – it’s no longer active for new buyers (aside from possible backup offers), but the deal is not final. There are usually contingencies and steps remaining (inspections, appraisal, loan approval, etc.). In short, the property is in escrow awaiting completion of all contract conditions. As one definition puts it: a seller has accepted an offer, but the sale isn’t final until all contingencies are met.
Typical Scenario: You submit an offer on a house, and after a bit of negotiation, the seller signs it – congrats, you’re officially “under contract”! At this point, the MLS (Multiple Listing Service) status of the property will often change to “Pending” or “Under Contract”, signaling to other buyers that it’s no longer available. From the moment you go under contract, a countdown of contract deadlines begins (for inspection, appraisal, etc., as discussed). The buyer will work on their due diligence (inspections, securing final mortgage approval, reviewing title work, obtaining insurance) and the seller may be working on agreed repairs or gathering HOA documents, etc. Being under contract does not guarantee the sale will close; it means both parties are now obligated to try to meet the contract terms. If something goes awry (for example, a major defect is found and no agreement can be reached, or financing falls through), the contract can still terminate. But assuming all goes well, the period of being under contract will last until the closing, when ownership transfers.
Colorado Context & Tips: In Colorado, the moment both buyer and seller have signed the contract (and acceptance is communicated), the contract is binding and you are “under contract.” We often also use the term “MEC” (Mutual Execution of Contract) to refer to the contract date from which many deadlines are calculated. The Denver metro real estate market often moves fast; it’s not unusual to see homes go under contract within days of listing in a hot market. For buyers, once you’re under contract, stay on top of your obligations: schedule inspections promptly, work closely with your lender to get them any documents they need for the loan, and avoid any major financial changes until closing (no new credit lines, no big purchases like a car – your lender will re-check your credit before closing!).
Tip: This is the time to lean on your real estate agent – their job is now to coordinate with all parties (lender, title company, seller’s agent, inspectors) to keep the transaction on track. They will help you navigate any renegotiations (maybe due to inspection or appraisal results) and ensure you don’t miss your contingency deadlines (missing a deadline could mean losing your earnest money). Also, even though the home is under contract with you, you might consider asking about a backup offer if you’re on the selling side or if you’re a buyer who missed out – in Colorado it’s legal to accept backup offers. If you’re the primary buyer, just know that if you back out without cause, the seller likely has a backup ready to step in. So, being under contract is exciting, but remember: it’s not over ’til it’s over (closed)!
Definition: A final walk-through is the buyer’s last opportunity to tour the home shortly before closing (usually within 24-48 hours of the closing date) to ensure the property’s condition hasn’t changed and that any agreed-upon repairs have been completed. The walk-through is not an inspection to find new problems, but rather a chance to verify that everything is as expected – the home should be in the condition you agreed to buy it in: typically clean, with no new damage, and with all promised fixtures and appliances in place.
Typical Scenario: The day before closing on your Denver home, you and your agent meet at the property for a final walk-through. You bring along your contract (to remember what items are included) and any inspection resolution agreements that listed repairs the seller promised to do. As you walk through the house, you check that those repairs were indeed done (for example, if the seller agreed to fix a plumbing leak, you run the faucet to see if it’s no longer dripping). You also make sure the seller’s personal belongings are removed (unless you negotiated for something to stay) and the home is “broom clean” (a basic cleanliness standard). You test appliances and light switches, ensure the HVAC, toilets, and other major systems are functioning, and that no new damage (like a broken window or flood) has occurred since you were last there. If the home was vacant, you’re mainly checking nothing deteriorated; if the seller just moved out, you’re looking for any move-out damage or items accidentally left behind. In most cases, the walk-through goes fine, and you proceed to closing knowing the home is in good shape. If you do find an issue – say the refrigerator that was supposed to stay is missing, or the agreed repairs were not done – you and your agent will immediately notify the seller’s side to resolve it. This could mean delaying closing until the issue is fixed, holding some money in escrow to cover a repair, or a seller credit at closing to compensate you.
Colorado Context & Tips: Colorado contracts typically give the buyer the right to a walk-through. It’s generally understood to happen once, just before closing. The final walk-through is NOT a time to negotiate new items – it’s only to ensure the seller has met their obligations. In Denver and surrounding areas, sellers know they should have the home empty (unless otherwise agreed) and reasonably clean by walk-through time. They also need to leave behind any inclusions (appliances, keys, garage door openers, etc.) per the contract.
Tip: Create a walk-through checklist. Include checking: all appliances are present and working, no new water leaks, HVAC and hot water work, faucets, toilets, and lights function, garage door works, no unexpected debris or trash left, and all repairs have receipts or proof if possible. Bring copies of any inspection resolution agreement so you can double-check that each repair was addressed. If the home is tenant-occupied or very cluttered when you first saw it, consider doing two walk-throughs – one after the tenants move out to ensure no damage, and then the final one right before close. Another tip: if you find an issue, don’t sign off on closing paperwork until it’s resolved to your satisfaction. Once you close, you have far less leverage. Most issues can be solved with good communication before closing – for instance, if the seller couldn’t fix something in time, they might pre-pay a contractor or agree in writing to pay for the repair. Your agent and the closing/title agent can help facilitate any such arrangements. The key is not to skip the walk-through; it’s your last chance for peace of mind. As one Colorado real estate team nicely put it: “The final walkthrough is to make sure the home is in acceptable condition, free from any surprise damages that weren’t there before, and that all agreed repairs have been completed before you get your keys.”.
Definition: Closing costs are all the miscellaneous fees, charges, and prepaid items that are due at the closing of a real estate transaction, on top of the purchase price of the property. Both buyers and sellers incur closing costs, but they cover different things. For homebuyers, closing costs typically include lender fees (like loan origination or points), appraisal fee, credit report fee, title insurance premium (lender’s policy, and owner’s policy if you’re buying it yourself), title or escrow service fees, recording fees for the deed and mortgage, pro-rated property taxes, homeowner’s insurance premium, and any HOA transfer fees or prepaid dues. Sellers commonly pay closing costs such as real estate agent commissions, the owner’s title insurance policy, and their share of prorated taxes or HOA dues, plus any agreed seller concessions. In total, closing costs can range from about 2% to 5% of the home’s purchase price for the buyer .
Typical Scenario: Let’s say you’re buying a $500,000 home in Denver with a mortgage. In addition to your down payment, you’ll need to pay closing costs. For example, your lender might charge a 1% origination fee ($5,000). The appraisal and credit report might add around $600. The lender will also require you to prepay some property taxes and homeowners insurance into an escrow account – perhaps $2,000 for taxes and $1,000 for insurance (this ensures money is on hand to pay those when due). The title company’s charges could include a settlement/closing fee (often split with the seller), maybe $300 for you, and a lender’s title insurance premium, say $1,200. Recording the deed and mortgage might be around $100. Additionally, Colorado has a very small documentary fee on home sales ($0.01 per $100 of sale price, which on $500,000 is $50 – usually paid by the buyer). Summing these, you might have around $8,000–$10,000 in closing costs on that $500,000 purchase (roughly 2% of the price). Meanwhile, the seller’s closing costs may include paying the real estate commissions (though that is all negotiable), the owner’s title insurance (maybe $2,000), their half of the closing fee ($300), and that documentary fee might actually be listed on seller side in some places – practices can vary. Each transaction’s breakdown will differ, but this gives an idea. If you were paying cash, your closing costs as a buyer would omit loan-related fees, but you’d still have things like title insurance, recording fees, and prorated taxes.
Colorado Context & Tips: The good news is that Colorado’s closing costs are generally lower than the national average for buyers. One study found the average closing cost in Colorado is only around 0.7% of the home’s price (on a $580k median home, about $4,000), not counting your down payment. This is partly because we have relatively low state or local transaction taxes. Colorado does not have a hefty transfer tax like some states (just that nominal documentary fee). Property taxes in Colorado are paid in arrears, meaning you’ll often receive a credit from the seller at closing for the portion of the year they owned the home, which helps reduce your net costs. For example, if you close in September, the seller credits you January–September property taxes, and you’ll pay the full tax bill when it comes due the next year. This system effectively lowers your cash outlay at closing but keep in mind you’ll be paying those taxes later.
Tip: Always request a Loan Estimate from your lender early on – it’s a standardized form that itemizes your expected closing costs. Closer to closing, you’ll get a Closing Disclosure with final numbers. Review these carefully with your agent or lender so you understand each charge. If anything is significantly different than expected, ask why. You can also shop for some services to save money – for instance, you have the right to choose your homeowners insurance provider, so find a good rate. Some title companies in Colorado have competitive fees, but usually the seller picks the title company (since they often pay for the owner’s policy). However, you can negotiate or shop title services if needed. Additionally, in slower markets or with motivated sellers, you can negotiate for seller concessions – essentially having the seller pay some of your closing costs (up to a limit allowed by your lender). This was more common when buyers had more leverage; in the hot Denver market of recent years, seller concessions became rare, but as the market balances, it’s something to discuss with your agent if you need help with cash-to-close. Lastly, remember to bring a government-issued ID to closing and be prepared for that final amount (usually you’ll wire the funds or bring a cashier’s check for your closing costs and down payment). Once you’ve signed all the docs and paid the closing costs, you’ll get the keys – welcome home! 🎉
Wrapping Up: Understanding these key terms – from appraisal to closing costs – will demystify the homebuying process and help you approach your Colorado real estate transaction with confidence. Knowledge truly is power in real estate; when you know the lingo, you can communicate effectively with your agent, ask the right questions, and avoid costly mistakes.
If you’re feeling a bit overwhelmed or just want a knowledgeable partner on your side, we’re here to help. At Toprock Real Estate, we pride ourselves on guiding Denver-area homebuyers through every step, making the process as smooth and informed as possible. Have questions or need expert help with buying or selling a home in Colorado? Don’t hesitate to reach out to John Galloway or the Toprock Real Estate team. We’re always ready to assist you in achieving your real estate goals in the Denver metro area. Happy house hunting!
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