Seller disclosure requirements in Washington

Is a disclosure form required by law?

Yes. Chapter 64.06 of the Revised Code of Washington (RCW) says that in a sale of improved residential real property, the seller must deliver a completed seller disclosure statement unless the buyer has waived it or the transfer is exempt (RCW 64.06.020). “Improved residential real property” means land with one to four dwelling units, a residential timeshare, a mobile or manufactured home that is personal property, or a residential common interest community, with some exceptions for sales that already carry another statutory disclosure (RCW 64.06.005). Separate statutory forms exist for unimproved residential land (RCW 64.06.015) and commercial real estate (RCW 64.06.013).

Unlike many states, Washington prints the form inside the statute itself. The seller must use that format and include at least the information it lists.

What the form covers

The improved-property form in RCW 64.06.020 has nine parts:

1. Title (legal authority to sell, encroachments, boundary disputes)
2. Water
3. Sewer and on-site sewage system
4. Structural
5. Systems and fixtures
6. Homeowners’ association and common interests
7. Environmental
8. Manufactured and mobile homes
9. Full disclosure by sellers (any other material defect)

For each question the seller checks “Yes,” “No” or “Don’t know.” Questions marked with an asterisk require a written explanation if the answer is yes. New construction that has never been occupied is excused from the structural and systems questions. The seller dates and signs each page. The form also warns the buyer that the answers are the seller’s, not those of any real estate licensee, and tells the buyer to pay attention to defects they can see or discover. It points buyers to local law enforcement for registered sex offender information; the statute says that notice creates no duty to investigate (RCW 64.06.021).

Sellers must also make available three short notices: one about nearby farms and working forests (RCW 64.06.022), one about oil tank heating and no-cost pollution liability insurance (RCW 64.06.090), and the form’s own notice that covenants based on race, creed, sexual orientation or another protected class are void and can be struck (RCW 49.60.224, cited in the form).

Timeline and the buyer’s right to rescind

A rescission must be a written notice delivered inside the window. The buyer then gets back all deposits, less any agreed disbursements, and the contract is void. If the buyer does nothing, the statement is treated as accepted. If the closing date falls inside the rescission period, closing is pushed back until it ends.

If the seller never delivers the form, the buyer’s right to rescind runs until the earlier of three business days after receiving it or closing (RCW 64.06.040(3)). After closing, the seller’s duty to deliver the form and the buyer’s rights under chapter 64.06 end. Nothing that happens after closing obliges the seller to amend the statement (RCW 64.06.040(2)).

Exemptions

Chapter 64.06 does not apply to (RCW 64.06.010):

• foreclosures and deeds in lieu of foreclosure;
• gifts or transfers to a parent, spouse, domestic partner or child;
• transfers between spouses or domestic partners in a divorce or dissolution;
• transfers to a buyer who owned an interest in the property within the past two years;
• transfers of less than a fee simple interest (but a vendee’s interest under a real estate contract is covered);
• transfers by a personal representative of an estate or a bankruptcy trustee;
• transfers where the buyer has expressly waived the statement.

A buyer cannot waive the Environmental section if the seller would answer “yes” to any of its questions.

What happens if a seller does not disclose

The statute limits a seller’s exposure to what the seller actually knows. A seller is not liable for an error or omission the seller did not know about, and not liable even for an error based on information from public agencies or from a professional such as a surveyor, title company, inspector or engineer, unless the seller actually knew of the error (RCW 64.06.050(1)). Real estate licensees get the same protection (RCW 64.06.050(2)).

Chapter 64.06 creates no new remedy beyond rescission, and it does not remove rights a buyer already has under common law, other statutes or the contract (RCW 64.06.070). The legislature also declared that these practices are not matters affecting the public interest for purposes of the Consumer Protection Act (RCW 64.06.060). For what a given claim is worth, talk to a Washington attorney.

Federal lead-based paint rule (homes built before 1978)

For most housing built before 1978, federal law requires the seller and the seller’s agent to give the buyer the EPA pamphlet “Protect Your Family From Lead In Your Home,” disclose any known lead-based paint or hazards, provide available records and reports, and include a Lead Warning Statement in the contract. The buyer gets a 10-day period to test for lead-based paint, which the parties may lengthen or shorten in writing or the buyer may waive. Sellers and agents must keep a signed copy of the disclosures for three years (EPA). This rule applies on top of the Washington form.