2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › DIVISION OF REAL ESTATE (§§ 12-10-101 — 12-10-906) › Article 10 - REAL ESTATE (§§ 12-10-101 — 12-10-906) › Part 9 - HOME WARRANTY SERVICE CONTRACTS (§§ 12-10-901 — 12-10-906) › Section 12-10-901 - Definitions

As used in this part 9, unless the context otherwise requires:
(1)
"Gas-fueled appliance" means a furnace, HVAC system, boiler, water heater, oven, stove, or dryer that directly combusts a gaseous or liquid fuel to provide services within a home.
(2)
"Heat pump" means an electrical device that uses a refrigeration cycle to:
(a)
Heat the internal space of a structure by transferring thermal energy from outside of the structure to inside the structure; or
(b)
Cool the internal space of a structure by transferring thermal energy from the inside of the structure to the outside of the structure.
(3)
"Home warranty service company" or "company" means any person that undertakes a contractual obligation on a new or preowned home through a home warranty service contract.
(4)
(a)
"Home warranty service contract" means any contract or agreement whereby a person undertakes for a predetermined fee, with respect to a specified period of time, to maintain, repair, or replace any or all of the following elements of a specified new or preowned home:
(I)
Structural components, such as the roof, foundation, basement, walls, ceilings, or floors;
(II)
Utility systems, such as electrical, air conditioning, plumbing, HVAC, and heating systems, including furnaces; and
(III)
Appliances, such as stoves, washers, dryers, and dishwashers.
(b)
"Home warranty service contract" does not include:
(I)
Any contract or agreement whereby a public utility undertakes for a predetermined fee, with respect to a specified period of time, to repair or replace any or all of the elements of a specified new or preowned home as specified in subsection (4)(a)(II) or (4)(a)(III) of this section; or
(II)
A builder's warranty provided in connection with the sale of a new home.
(5)
"HVAC system" means a heating, ventilation, and air conditioning system.
(6)
"Person" includes an individual, company, corporation, association, agent, and every other legal entity.
(7)
"Preowned" means any of the following that is occupied as a residence and not owned by the builder-developer or first occupant:
(a)
A single-family residence;
(b)
A residential unit in a multiple-dwelling structure; or
(c)
A mobile home on a foundation.
Amended by 2023 Ch. 43, § 2, eff. 8/7/2023, app. to home warranty service contracts executed or renewed on or after 7/1/2024.
Renumbered from C.R.S. §
12-61-602
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2015 Ch. 81, § 1, eff. 8/5/2015.
L. 79: Entire part added, p. 578, § 1, effective June 7. L. 89: (1) and (2) repealed and (3) R&RE, pp. 743, 744, §§ 20, 25, effective July 1. L. 2007: (3) to (6) R&RE, p. 2024, § 22, effective June 1. L. 2015: (2.3) and (2.5) added and (5) and (6) repealed, (HB 15-1223), ch. 81, p. 233, § 1, effective August 5.
This section is similar to former § 12-61-602 as it existed prior to 2019.
2023 Ch. 43, was passed without a safety clause. See Colo. Const. art. V, § 1(3).