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What Colorado Springs' Disclosure Form Leaves Out About Your Foundation

August 27, 2026

Every Colorado sales contract carries a bold, statutory warning about radon. It has since August 7, 2023, when Senate Bill 23-206 took effect, and the language is specific enough that the state tells sellers exactly what typeface and phrasing to use. Buyers get a brochure. Sellers face a 180-day mitigation clock if levels come back high. It is, by design, hard to miss.

Ask a Colorado Springs seller for the equivalent document on soil, and there usually isn't one. Not because the risk is smaller. The Colorado Geological Survey has called expansive soil the state's most significant geologic hazard, with damage that regularly exceeds the combined cost of floods, earthquakes, and tornadoes in a given year. One in five Coloradans deals with expansive soil damage at some point, compared with roughly one in ten affected by flooding. And yet the hazard that touches twice as many households has no bold-faced contract language, no mandatory brochure, no statewide testing requirement at all.

That gap is the thing worth understanding before you write or accept an offer in this market.

The Disclosure You Get and the One You Don't

Colorado's Seller's Property Disclosure form does ask about soil movement. It's right there on the state's official document, alongside questions about storage tanks, geological hazards, and mine shafts. But the form only requires a seller to report what they actually know. If a seller never had the soil tested, there's nothing to check, and a blank box reads exactly like a clean one.

Colorado law backs this up in a specific way. Sellers owe buyers a duty to disclose known material defects, a principle courts affirmed in the Colorado case Gattis v. McNutt. But "known" carries the weight in that sentence. State law does not require anyone to commission a soils test before listing a home, the way parts of the Denver metro require builders to design foundations assuming moisture will reach 20 feet or more and then disclose those conditions. In Colorado Springs, that formal design assumption and its paired disclosure duty simply doesn't exist at the state level. A seller can complete the form in good faith, know nothing, and disclose nothing, while the lot underneath the house sits on the same clay formation that cost a neighbor five figures in piering work.

None of this means sellers are hiding anything. Most aren't. It means the disclosure form was never built to answer the soil question the way it answers the radon one, and buyers who treat silence on that line as evidence of a stable foundation are reading the form for information it was never designed to give them.

Why the Same Crack Means Different Things Across Town

Colorado Springs sits where the Pikes Peak massif meets the high plains, and that transition produces a genuinely mixed soil profile within a single metro area. The clay-rich Pierre Shale and related claystone units run under large parts of the city. Along Fountain Creek, the ground shifts to granular alluvial deposits that behave differently. Near the foothills, weathered granite colluvium adds another variable. A home ten minutes from another can sit on soil with a completely different swell profile, which is part of why the same hairline crack can mean routine seasonal settling in one house and an active structural issue in another.

Area Typical soil pattern What it means for buyers
Southwest Colorado Springs and Broadmoor-adjacent foothill lots Steeply dipping expansive claystone close to the surface Specifically flagged on the Colorado Geological Survey's city heave-susceptibility mapping; foundation type and drainage design matter more here than almost anywhere else in the metro
Fountain Valley and southern Colorado Springs Lower-lying ground with higher groundwater and Fountain Creek alluvial deposits Movement tends to relate more to moisture and settlement than classic swell-shrink clay behavior
East-side growth corridors including Briargate, Powers, Falcon, and Banning Lewis Ranch Newer, rapidly built subdivisions over expansive clay Engineered foundations are more consistent in newer construction, but the pace of volume building has produced defect cases where site-specific geotechnical work wasn't done for every lot

The point isn't that one part of the city is safe and another isn't. It's that "Colorado Springs has expansive soil" is true and also not specific enough to act on. The lot matters more than the zip code.

What Actually Protects You During Due Diligence

A standard home inspection is built to catch what's visible on the day someone walks through: a crack in the drywall, a door that sticks, a slope in the floor. What it typically can't do is establish whether that movement is old and stable or active and progressing, because that requires measurement tools and engineering judgment a general inspector isn't credentialed to provide.

A foundation evaluation from a structural or geotechnical engineer closes that gap. It documents floor elevation across the home, measures crack width against a reference scale, and reads the pattern of movement rather than just the presence of it. Some Colorado Springs firms, like Arrow Home Inspections working in partnership with Noble Engineering, have built their process around fast turnaround specifically because Colorado's standard due diligence period doesn't leave much room for a report that takes a week or more to land. If foundation movement is confirmed, firms with decades of local experience, such as Straight Line Construction, which has worked on Colorado Springs foundations for more than 40 years, can scope what repair actually looks like and roughly what it costs.

A disclosure form only tells you what someone already happened to find out. A geotechnical evaluation tells you what's actually in the ground.

Practically, that means during due diligence you can ask the seller whether a geotechnical or soils report exists for the property. New construction and multi-family projects in Colorado Springs are required to have one under the Pikes Peak Regional Building Department's rules, so if the home is newer, that report may already exist and simply needs to be requested. For older resale homes, it may not exist at all, which is exactly when a buyer-ordered evaluation earns its cost. And it helps to know what's actually alarming and what isn't: a single hairline crack in drywall is common seasonal movement in this climate and isn't automatically a red flag. Stair-step cracking in masonry, doors and windows that have visibly changed alignment over time, and uneven or sloping floors are the patterns worth paying an engineer to look at.

What This Means If You're Selling

The incentive runs the other way for sellers, and it favors getting ahead of the question rather than waiting for a buyer's engineer to raise it during objections. A pre-listing inspection is one of the most practical steps a seller can take, because it surfaces conditions the seller may not have known about while there's still time to disclose or address them before the home goes to market. Paired with maintenance records and, where relevant, a foundation evaluation completed before listing, that documentation does two things at once. It protects the seller against a post-closing dispute over what was known and when, and it gives a buyer's agent something concrete to point to instead of a blank checkbox that invites more questions than it answers.

A Few Questions Worth Settling Early

Does a small crack in the drywall mean my foundation is failing? Not usually. Minor cosmetic cracking from normal seasonal soil movement is common across Colorado Springs. What matters more than a single crack is whether it's widening, spreading, or showing up alongside sticking doors and sloped floors.

Is foundation damage from expansive soil covered by homeowners insurance? Standard policies generally exclude gradual earth movement and foundation settlement unless the damage traces back to a specific covered peril, like a major plumbing failure. This is a question worth asking your insurance agent directly rather than assuming coverage either way.

Can foundation movement affect FHA or VA financing? Appraisals for government-backed loans include minimum property standards, and visible structural issues can prompt a lender to require further evaluation or repair before closing. If you're moving on a PCS timeline with a VA loan, this is worth flagging early so it doesn't become a last-minute surprise against a hard closing date.

Colorado Springs' geology isn't a reason to walk away from a home you love. It's a reason to ask for the specific document that actually answers the question, rather than assuming a quiet disclosure form already did.

If you're weighing a move to or within Colorado Springs and want a clear-eyed read on what a specific property's soil history and inspection findings actually mean for your offer, Nicole Strom can walk you through it neighborhood by neighborhood. Start Your Move — Request Your Free Relocation Guide.

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