What must a home seller disclose in Washington?

Q: What must a home seller disclose in Washington?

Washington's disclosure law is codified at RCW Chapter 64.06 . 1. Form 17 — RCW 64.06.020 - Required for sales of improved residential real property (and a separate Form 17C for commercial). - The statutorily-prescribed "Real Property Transfer Disclosure Statement" covers: - Title issues and encumbrances. - Water (source, capacity, contamination). - Sewer/septic systems. - Structural items (roof, foundation, settling). - Systems and fixtures (electrical, plumbing, heating). - Common interest community items. - Environmental (asbestos, lead, radon, USTs, methamphetamine). - Additional information including agricultural pesticides on adjacent land. 2. Lead-Based Paint - Federal 42 USC § 4852d for pre-1978 dwellings. 3. Timing and Rescission — RCW 64.06.030 - Form 17 must be delivered within 5 business days of mutual acceptance (unless waived). - Buyer has 3 business days after receipt to rescind the agreement in writing. 4. Exemptions — RCW 64.06.010 - Foreclosure or deed in lieu of foreclosure. - Court-ordered, gift, inheritance, transfers between co-owners or spouses incident to divorce, transfers by fiduciary administering an estate, and commercial real property (uses Form 17C). 5. "As-Is" Sales - Form 17 cannot be waived in residential sales unless the buyer acknowledges in writing that they had the opportunity to receive it. Even with waiver, fraud claims survive ( Douglas v. Visser , 173 Wn. App. 823). 6. Statute of Limitations - 3 years for fraud (RCW 4.16.080(4)) from discovery. - 6 years for written contract (RCW 4.16.040). This is legal information, not legal advice.

Question

Accepted Answer

Washington's disclosure law is codified at RCW Chapter 64.06.

1. Form 17 — RCW 64.06.020

Required for sales of improved residential real property (and a separate Form 17C for commercial).

The statutorily-prescribed "Real Property Transfer Disclosure Statement" covers:

- Title issues and encumbrances.

- Water (source, capacity, contamination).

- Sewer/septic systems.

- Structural items (roof, foundation, settling).

- Systems and fixtures (electrical, plumbing, heating).

- Common interest community items.

- Environmental (asbestos, lead, radon, USTs, methamphetamine).

- Additional information including agricultural pesticides on adjacent land.

2. Lead-Based Paint

Federal 42 USC § 4852d for pre-1978 dwellings.

3. Timing and Rescission — RCW 64.06.030

Form 17 must be delivered within 5 business days of mutual acceptance (unless waived).

Buyer has 3 business days after receipt to rescind the agreement in writing.

4. Exemptions — RCW 64.06.010

Foreclosure or deed in lieu of foreclosure.

Court-ordered, gift, inheritance, transfers between co-owners or spouses incident to divorce, transfers by fiduciary administering an estate, and commercial real property (uses Form 17C).

5. "As-Is" Sales

Form 17 cannot be waived in residential sales unless the buyer acknowledges in writing that they had the opportunity to receive it. Even with waiver, fraud claims survive (Douglas v. Visser, 173 Wn. App. 823).

6. Statute of Limitations

3 years for fraud (RCW 4.16.080(4)) from discovery.

6 years for written contract (RCW 4.16.040).

This is legal information, not legal advice.