Key Takeaways
- Washington brokers must disclose material facts known to them that affect property value
- The agency pamphlet must be provided at first contact, and receipt should be documented
- Form 17 (Seller Disclosure Statement) is typically required for residential sales
- Agency disclosure must occur before confidential information is shared
- Brokers must keep copies of all disclosure forms and agency agreements for 3 years
Last updated: January 2026
Agency Disclosure Requirements in Washington
Washington has specific requirements for when and how agency relationships and material facts must be disclosed.
Required Disclosures
1. Agency Pamphlet
| Requirement | Detail |
|---|---|
| Document | "The Law of Real Estate Agency" pamphlet |
| When | At first contact |
| To Whom | All prospective buyers and sellers |
| Documentation | Receipt should be acknowledged |
2. Agency Confirmation
Before services are provided, brokers must confirm:
- Who they represent
- The type of agency relationship
- Compensation arrangements (if applicable)
3. Dual Agency Disclosure
If dual agency will occur:
- Disclose before dual agency begins
- Explain limitations
- Obtain written consent
Material Fact Disclosure
What Must Be Disclosed
Washington requires disclosure of material facts known to the broker:
| Category | Examples |
|---|---|
| Property condition | Structural defects, water damage, pest infestations |
| Legal issues | Boundary disputes, easements, liens |
| Environmental | Known contamination, flood zone |
| Transaction-related | Known issues affecting the deal |
What is a "Material Fact"?
A material fact is information that would likely:
- Affect a reasonable buyer's decision to purchase
- Affect the price a buyer would pay
- Affect a seller's decision to sell
Key Rule: If in doubt, disclose. It's better to over-disclose than face liability for non-disclosure.
Form 17 - Seller Disclosure Statement
Washington requires sellers to provide the Form 17 Seller Disclosure Statement for most residential sales.
When Required
| Transaction Type | Form 17 Required? |
|---|---|
| Residential 1-4 units | Yes |
| Condominium units | Yes |
| New construction | May be modified |
| REO/Foreclosure | Exemptions may apply |
| Estate sales | Exemptions may apply |
Form 17 Contents
The Form 17 covers:
| Section | Topics |
|---|---|
| Title | Ownership, liens, encroachments |
| Water | Source, systems, quality |
| Sewer/Septic | System type, condition |
| Structural | Foundation, roof, walls |
| Systems | HVAC, electrical, plumbing |
| Environmental | Lead paint, contamination |
| Disclosure | Known defects, HOA |
Seller's Options
Sellers can:
- Complete Form 17 - Full disclosure (recommended)
- Decline to complete - Buyer may rescind within 3 days of offer acceptance
Buyer Remedies
If seller provides incomplete or false disclosure:
- Buyer may rescind within rescission period
- Buyer may have legal claims for misrepresentation
Record Retention
Required Records
Brokers must maintain:
- Agency agreements
- Disclosure receipts
- Transaction files
- All written communications
Retention Period
| Document Type | Retention Period |
|---|---|
| Transaction records | 3 years minimum |
| Trust account records | 3 years |
| Agency agreements | 3 years |
| Disclosure acknowledgments | 3 years |
Washington Disclosure Requirements Summary
| Disclosure Type | When Required | To Whom | Form/Method |
|---|---|---|---|
| Agency pamphlet | First contact | All parties | DOL pamphlet |
| Agency relationship | Before services | Principal/customer | Written or verbal |
| Dual agency | Before acting as dual agent | Both parties | Written consent |
| Form 17 (Seller) | With listing or before offer | Buyer | Form 17 document |
| Material facts | As soon as known | Appropriate party | Written recommended |
| Lead-based paint | Before contract (pre-1978) | All buyers | Federal form |
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