Key Takeaways
- Washington requires sellers to complete a Seller Disclosure Statement (Form 17) for most residential sales
- Form 17 covers property condition including structural, environmental, and legal issues
- Sellers who provide incomplete disclosure allow buyers to rescind within 3 business days of receiving disclosure
- Sellers can choose not to complete Form 17, but buyers then have expanded rescission rights
- Lead-based paint disclosure is required by federal law for homes built before 1978
Washington Seller Disclosure Requirements
Unlike some states, Washington has mandatory seller disclosure requirements for most residential real estate transactions.
Form 17 - Seller Disclosure Statement
The Form 17 Seller Disclosure Statement is required by RCW 64.06 for most residential sales.
When Required
| Transaction Type | Form 17 Required? |
|---|---|
| Residential 1-4 units | Yes |
| Condominium units | Yes |
| Improved residential land | Yes |
| New construction | May be modified |
| REO/Foreclosure | Exemptions may apply |
| Estate sales | Limited exemptions |
| Court-ordered sales | Exemptions may apply |
Form 17 Contents
The Form 17 requires disclosure of:
| Section | Topics Covered |
|---|---|
| Title | Ownership, liens, encroachments, easements |
| Water | Source, treatment, quality, systems |
| Sewer/Septic | System type, maintenance, condition |
| Structural | Foundation, roof, walls, floors |
| Systems | HVAC, electrical, plumbing, appliances |
| Environmental | Lead paint, asbestos, contamination |
| Full Disclosure | Pets, flooding, defects, HOA |
| Legal | Permits, violations, disputes |
Seller's Completion Options
Sellers have three choices:
- Complete Form 17 fully - Best practice, reduces liability
- Complete partially - Must explain "don't know" or "N/A" responses
- Decline to complete - Buyer gains expanded rescission rights
Buyer Rescission Rights
Standard Rescission Period
If seller provides Form 17 after mutual acceptance:
| Situation | Buyer Can Rescind Within |
|---|---|
| Form 17 delivered after mutual acceptance | 3 business days of receipt |
| Amended disclosure delivered | 3 business days of amendment |
Expanded Rights Without Form 17
If seller declines to provide Form 17:
| Situation | Buyer Can Rescind |
|---|---|
| No Form 17 provided | Until closing or possession |
| Greater risk | Buyers should be cautious |
Practical Note: Most buyers expect Form 17. Declining to provide it may deter buyers or invite lower offers.
Broker Disclosure Duties
Washington brokers have independent disclosure duties:
What Brokers Must Disclose
| Must Disclose | Description |
|---|---|
| Material facts | Known facts affecting property |
| Agency relationship | Who the broker represents |
| Conflicts of interest | Any personal interest in transaction |
| Known defects | Property condition issues |
Broker's Standard of Knowledge
Brokers must disclose facts they:
- Actually know
- Should have known through reasonable diligence
- Have reason to believe are material
Key Point: Broker disclosure duties exist independent of seller disclosure duties. Even if seller doesn't disclose, broker must disclose known material facts.
Federal Disclosure Requirements
Regardless of Washington state law, federal requirements apply:
Lead-Based Paint Disclosure (Pre-1978 Homes)
For any home built before 1978:
- Seller must provide EPA pamphlet "Protect Your Family From Lead in Your Home"
- Seller must disclose known lead-based paint
- Buyer has 10 days to conduct lead inspection (can be waived)
- Specific disclosure forms must be signed
Other Federal Requirements
| Disclosure | When Required |
|---|---|
| Flood zone | Required by lenders for federally-related loans |
| Environmental hazards | If known |
| FIRPTA (foreign seller) | Withholding requirements |
What is the Form 17 in Washington real estate?
If a Washington seller provides Form 17 after mutual acceptance, how long does the buyer have to rescind?
For homes built before 1978, what federal disclosure is required?