3.2 Washington Seller Disclosure Requirements
Key Takeaways
- RCW 64.06 requires most residential sellers to deliver the Form 17 Seller Disclosure Statement to the buyer within 5 business days of mutual acceptance unless the buyer waives in writing.
- After receiving Form 17, the buyer has 3 business days to rescind by delivering a separately signed written rescission; doing nothing means the disclosure is deemed accepted.
- The buyer may NOT waive receipt of the 'Environmental' section if any answer in it is 'yes,' and an amended Form 17 restarts a fresh 3-business-day rescission window.
- Form 17 disclosures are limited to the seller's actual knowledge and are not warranties, but brokers carry an independent duty to disclose known material defects under RCW 18.86.
- Federal law requires lead-based paint disclosure and the EPA pamphlet for homes built before 1978, with a 10-day inspection right the buyer can waive.
Form 17 Under RCW 64.06
Washington is a mandatory disclosure state. Under RCW 64.06, the seller of improved residential real property must deliver a Form 17 Seller Disclosure Statement to the buyer. Form 17 is built around the seller's actual knowledge — it is a disclosure, not a warranty, and the seller is not required to inspect or hire experts.
Delivery and Rescission Deadlines (memorize these)
| Event | Deadline |
|---|---|
| Seller delivers Form 17 to buyer | Within 5 business days of mutual acceptance (unless waived in writing) |
| Buyer's right to rescind after receiving Form 17 | 3 business days from receipt |
| Buyer rescission after an amended Form 17 | A fresh 3 business days from the amendment |
| Method of rescission | A separately signed written notice delivered to seller or seller's agent |
If the buyer does nothing during the 3-business-day window, the disclosure is deemed approved and accepted and the rescission right is lost. The rescission notice must be its own signed document — initialing the contract is not enough.
The Environmental-Section Rule
A buyer can generally waive receipt of Form 17 entirely — but there is one hard exception the exam loves: if any answer in the "Environmental" section would be "yes," the buyer may not waive receipt of that Environmental section. The seller must deliver it.
What Form 17 Covers
| Section | Topics |
|---|---|
| Title | Ownership, liens, encroachments, easements, boundary disputes |
| Water | Source, quality, irrigation, water rights |
| Sewer/On-site Sewage | Septic vs. public sewer, maintenance, last pump-out |
| Structural | Foundation, roof, settling, additions/remodels and permits |
| Systems & Fixtures | HVAC, electrical, plumbing, appliances |
| Environmental | Soil/groundwater contamination, underground tanks, asbestos, radon |
| Full Disclosure | Flooding, drainage, defects, HOA, shared agreements |
Who Is Exempt
| Transaction | Form 17 status |
|---|---|
| Residential 1–4 units, condos, improved land | Required |
| Foreclosure / trustee's sale | Exempt |
| Transfer between co-owners or to spouse in dissolution | Exempt |
| Court-ordered transfers (probate, bankruptcy) | Exempt |
| New residential construction never occupied | Modified/limited |
Exam trap: Form 17 is the seller's statement, not the broker's, and not a substitute for the buyer's inspection. A seller cannot use "as-is" language to escape Form 17.
Common Form 17 Scenarios Tested
The state exam loves timeline math here. A buyer who receives Form 17 on a Monday has until the end of the third business day — Thursday — to deliver a signed rescission. Skip a Saturday/Sunday in that count because the statute uses business days. If the seller later amends the disclosure (say, after discovering a roof leak), the buyer gets a brand-new 3-business-day window from the amendment, even if the original window already closed. A seller cannot defeat the rescission right by burying the disclosure in a stack of documents; the clock runs from actual delivery to the buyer or buyer's agent.
Finally, note the distinction between rescission (unwinding the deal and recovering earnest money based on the disclosure) and a contingency termination (walking based on an inspection). They are separate exit doors with separate deadlines, and the exam may test whether you can tell them apart.
Broker Disclosure Duties and Federal Overlay
The Broker's Independent Duty (RCW 18.86)
A broker's disclosure obligation exists separately from the seller's Form 17. Under Washington's brokerage relationships statute (RCW 18.86), every broker — regardless of whom they represent — owes all parties a duty to disclose all existing material facts known by the broker and not apparent or readily ascertainable to a party.
| Broker must disclose | Broker is NOT required to |
|---|---|
| Known material defects (e.g., a leaking foundation the broker saw) | Investigate the property beyond ordinary diligence |
| The agency relationship (provide the Agency Pamphlet) | Disclose facts the seller asked be kept confidential if they are not material defects |
| Conflicts of interest / self-dealing | Verify the accuracy of the seller's Form 17 |
The key tested point: even if the seller omits a defect from Form 17, the broker must still disclose a known material defect. "Material" means a reasonable buyer would consider it important to the decision or price. Note RCW 18.86 specifically provides that the existence of a sex offender in the area or a prior death/illness on the property are not material facts that must be disclosed.
Federal Lead-Based Paint Disclosure (Pre-1978)
For any target housing built before 1978, federal law (the Residential Lead-Based Paint Hazard Reduction Act, "Title X") requires the seller to:
- Provide the EPA pamphlet "Protect Your Family From Lead in Your Home."
- Disclose any known lead-based paint or hazards and provide available records/reports.
- Include the Lead Warning Statement and obtain signatures on the disclosure form.
- Offer the buyer a 10-day opportunity to conduct a lead inspection or risk assessment (the buyer may waive this in writing).
| Federal disclosure | Trigger |
|---|---|
| Lead-based paint disclosure + EPA pamphlet | Home built before 1978 |
| Flood-hazard notice | Lender requirement on federally related loans in a flood zone |
| FIRPTA withholding notice | Seller is a foreign person |
Worked scenario: A 1965 Tacoma home is listed "as-is." The seller still must (1) deliver Form 17 within 5 business days, (2) provide the EPA lead pamphlet and lead disclosure, and (3) the broker must disclose a known cracked sewer line even if the seller checked "don't know." "As-is" never erases mandatory disclosures.
Within how many days of mutual acceptance must a Washington seller deliver Form 17 to the buyer under RCW 64.06?
A buyer wants to waive receipt of Form 17 entirely. When is this waiver NOT permitted?
Even though the seller checked 'don't know' on Form 17 for the foundation, the listing broker personally observed a major foundation crack. What must the broker do?
For a home built before 1978, how long must the seller offer the buyer to conduct a lead-based paint inspection?