Colorado Revised Statutes

Colo. Rev. Stat. § 38-41-116 (2026)

Actions to enforce contracts of sale

✓ current as of July 2026

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No action or proceeding whatsoever shall be brought or maintained by any person to enforce or procure any right or title accorded to the purchaser under any contract for the purchase and sale of real property if such person is not in possession of the real property described in and the subject of such contract of purchase and sale unless such action or proceeding is commenced within ten years of the day or the happening of the event appointed in said contract for the delivery by the seller of a deed of conveyance of the property therein agreed to be purchased and sold. If no day is appointed in such contract for the delivery of such conveyance, then such action or proceeding shall be commenced within ten years of the day on which the last and final installment of the purchase price would have been paid but not thereafter.

Source: L. 53: p. 205, § 1. CRS 53: § 118-7-16. C.R.S. 1963: § 118-7-16. L. 75: Entire section amended, p. 225, § 85, effective July 16.

Notes of Decisions

Cited in 3 cases, 1990–2006 · leading case: Martinez v. Archuleta-Padia, 143 P.3d 1112 (Colo. Ct. App. 2006).

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Martinez v. Archuleta-Padia, 143 P.3d 1112 (Colo. Ct. App. 2006). · cites it 6× “Martinez contends that he did not have to file a claim with Padia’s estate and that his filing of this action in May 2003 fell well within the applicable limitations period, either ten years under § 38-41-116, C.R.S. 2005, or eighteen years under § 38-41-101, C.”

San Juan Basin Consortium, Ltd. v. Enervest San Juan Acquisition Ltd. P'ship, 67 F. Supp. 2d 1213 (D. Colo. 1999). · cites it 4× “Instead, C.R.S. § 38-41-116, although never mentioned by either of the parties, is the most applicable statute.”

Bent v. Ferguson, 791 P.2d 1241 (Colo. Ct. App. 1990). · cites it 3× “shall be brought ... by any person to enforce .”

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