First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0368.01 Anna Petrini x5497 SENATE BILL 25-035 Senate Committees House Committees Business, Labor, & Technology A BILL FOR AN ACT C ONCERNING ESTABLISHING A LIMITA TION OF ACTIONS AGAINST AN101 INDIVIDUAL PERFORMING A REAL ESTATE APPRAISAL PRACTICE .102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) Under current law, the statute of limitations to bring certain claims against a real estate appraiser does not start until the party filing the claim has discovered, or should have discovered, an alleged defect in the appraisal. The bill requires a claimant to bring an action against a real estate appraiser or individual performing a real estate appraisal practice within SENATE SPONSORSHIP Frizell and Michaelson Jenet, Amabile HOUSE SPONSORSHIP Clifford and Weinberg, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. 5 years after the date the appraisal report is completed and transmitted to a client. The 5-year statute of limitations does not apply to an action for fraud, for misrepresentation, or for a discriminatory housing practice brought against a real estate appraiser or individual performing a real estate appraisal practice. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, add 13-80-105.5 as2 follows:3 13-80-105.5. Limitation of actions against a real estate4 appraiser - definitions. (1) N OTWITHSTANDING ANY STATUTORY5 PROVISION TO THE CONTRARY , AN ACTION AGAINST A REAL ESTATE6 APPRAISER OR INDIVIDUAL PERFORMING A REAL ESTATE APPRAISAL7 PRACTICE MUST BE BROUGHT WITHIN FIVE YEARS AFTER THE DATE OF8 REPORT.9 (2) N OTWITHSTANDING ANY STATUTORY PROVISION TO THE10 CONTRARY, AN ACTION FOR FRAUD OR KNOWING AND INTENTIONAL11 MISREPRESENTATION BROUGHT AGAINST A REAL ESTATE APPRAISER OR AN12 INDIVIDUAL PERFORMING A REAL ESTATE APPRAISAL PRACTICE MUST BE13 BROUGHT WITHIN THE TIME PROVIDED IN SECTION 13-80-101.14 (3) N OTWITHSTANDING ANY STATUTORY PROVISION TO THE15 CONTRARY, AN ACTION FOR A DISCRIMINATORY HOUSING PRACTICE16 BROUGHT AGAINST A REAL ESTATE APPRAISER OR AN INDIVIDUAL17 PERFORMING A REAL ESTATE APPRAISAL PRACTICE MUST BE BROUGHT18 WITHIN THE TIME PROVIDED IN PART 5 OF ARTICLE 34 OF TITLE 24 OR IN19 APPLICABLE FEDERAL LAW.20 (4) A S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE21 REQUIRES:22 (a) "D ATE OF REPORT" MEANS THE DATE WHEN AN APPRAISAL23 SB25-035-2- REPORT IS COMPLETED AND TRANSMITTED TO THE CLIENT .1 (b) "R EAL ESTATE APPRAISAL PRACTICE " MEANS REAL ESTATE2 VALUATION SERVICES PERFORMED BY AN INDIVIDUAL ACTING AS AN3 APPRAISER, INCLUDING, BUT NOT LIMITED TO, APPRAISAL AND APPRAISAL4 REVIEW.5 SECTION 2. Act subject to petition - effective date. This act6 takes effect at 12:01 a.m. on the day following the expiration of the7 ninety-day period after final adjournment of the general assembly; except8 that, if a referendum petition is filed pursuant to section 1 (3) of article V9 of the state constitution against this act or an item, section, or part of this10 act within such period, then the act, item, section, or part will not take11 effect unless approved by the people at the general election to be held in12 November 2026 and, in such case, will take effect on the date of the13 official declaration of the vote thereon by the governor.14 SB25-035 -3-