Colorado § 38-10-114 No delivery or change of possession - effect

Colorado Statutes

§ 38-10-114 — No delivery or change of possession - effect

Colorado § 38-10-114

Title 38Property -

Art.Frauds - Statute of Frauds

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Bluebook

Colo. Rev. Stat. § 38-10-114 (2026).

Text

Except as
otherwise provided in section 4-2-402 or 4-2.5-308, C.R.S., or except where
evidence of the transaction is included in the central registry maintained with
respect to transactions relating to title to such goods and chattels, or is duly noted
on the certificate of title to such goods and chattels by the authority issuing such
certificate, or is included in the records of the proper filing office for a security
interest in such goods and chattels under section 4-9-501, C.R.S., or is a transaction
described in section 4-9-309 or 4-9-310, C.R.S., every sale made by a vendor of
goods and chattels in his or her possession or under his or her control and every
assignment of goods and chattels, unless each shall be accompanied by an
immediate delivery and followed by an actual

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Except as
otherwise provided in section 4-2-402 or 4-2.5-308, C.R.S., or except where
evidence of the transaction is included in the central registry maintained with
respect to transactions relating to title to such goods and chattels, or is duly noted
on the certificate of title to such goods and chattels by the authority issuing such
certificate, or is included in the records of the proper filing office for a security
interest in such goods and chattels under section 4-9-501, C.R.S., or is a transaction
described in section 4-9-309 or 4-9-310, C.R.S., every sale made by a vendor of
goods and chattels in his or her possession or under his or her control and every
assignment of goods and chattels, unless each shall be accompanied by an
immediate delivery and followed by an actual and continued change of possession
of things sold or assigned, shall be presumed to be fraudulent and void as against
the creditors of the vendor, or the creditors of the person making such assignment,
or subsequent purchasers in good faith, unless the party opposed to the effect of
the presumption shall establish that it is more probable than not that such sale or
assignment was made by the seller or assignor in good faith and without any actual
intent to hinder, delay, or defraud creditors or subsequent purchasers.

Legislative History

Source: R.S. p. 339, � 14. G.L. � 1264. G.S. � 1523. R.S. 08: � 2668. C.L. � 5113. CSA: C. 71, � 14. CRS 53: � 59-1-14. C.R.S. 1963: � 59-1-14. L. 65: p. 1481, � 3. L. 83: Entire section amended, p. 1446, � 1, effective July 1. L. 91: Entire section amended, p. 1689, � 2, effective July 1; entire section amended, p. 321, � 6, effective July 1, 1992. L. 2001: Entire section amended, p. 1446, � 42, effective July 1.