§ 38-22-125 — Bona fide purchaser

No lien, excepting those claimed by
laborers or mechanics as defined in section 38-22-108 (1)(a), filed for record more
than two months after completion of the building, improvement, or structure shall
encumber the interest of any bona fide purchaser for value of real property, the
principal improvement upon which is a single- or double-family dwelling, unless
said purchaser at the time of conveyance has actual knowledge that the amounts
due and secured by such lien have not been paid, or unless such lien statement has
been recorded prior to conveyance, or unless a notice as provided in section 38-22-109 (10) has been filed within one month subsequent to completion or prior to
conveyance, whichever is later; except that nothing in this section shall extend the
time for recording lien statements as provided in section 38-22-109 (4), (5), and (10).
For the purposes of this section, the dwelling shall be deemed complete upon
conveyance and occupancy if not completed before. The lien for items of labor,
work, or material which shall thereafter be furnished shall be effective and may be
claimed within the time thereafter as provided in section 38-22-109 (4), (5), and (10),
and their priority shall not be affected by this section.

Legislative History

Source: L. 65: p. 854, � 5. C.R.S. 1963: � 86-3-25. L. 75: Entire section amended, p. 1424, � 4, effective October 1.