Disclosure

Washington Seller Disclosure Statement (Form 17) ## The Seller Disclosure Requirement Washington's seller disclosure statute (RCW 64.06) requires sellers of residential property to complete and deliver the Seller Disclosure Statement — commonly known as NWMLS Form 17 — to the buyer before the buyer's offer is accepted. The form requires the seller to disclose known material defects and conditions affecting the property, including: - Structural issues - Roof condition and history - Water intrusion or drainage problems - Environmental hazards (asbestos, lead paint, oil tanks, etc.) - Title encumbrances and easements - Neighborhood nuisances - Permit and code compliance issues - HOA status and fees The purpose of Form 17 is to give buyers accurate information before they commit to a purchase, and to protect sellers by creating a documented record of what was disclosed. ## "Actually Known" Standard Sellers are NOT required to hire inspectors or investigate before completing Form 17. They must honestly report what they know. A seller who genuinely does not know about a defect cannot be penalized for failing to disclose it. However, a seller who knows about a problem and intentionally conceals or understates it faces liability for misrepresentation. Washington brokers have an independent disclosure duty: they must disclose material defects they actually know about to buyers, regardless of what the seller put on Form 17. ## Exempt Transactions Several transaction types are exempt from the Form 17 requirement: - Transfers by court order (probate, divorce decree, foreclosure judgment) - Foreclosure trustee's sales - Transfers between co-owners - Transfers from estate or trustee with limited personal knowledge - Builder new construction (covered by builder's warranty; builder must still disclose known defects) ## Buyer's…