Sell in Kent with Meydomo

Seller Disclosure Statement ("Form 17")

Washington’s Seller Disclosure Law (RCW 64.06) requires sellers of residential real property (1–4 units) to provide a **Seller Disclosure Statement** (commonly called “Form 17”) to buyers. The statement covers five broad categories: title/legal (encroachments, associations, etc.), water (water source, rights, problems), sewer/on-site sewage, structural (foundation, roof, etc.), systems and fixtures (electrical, plumbing, HVAC), and other (environmental issues like soil contamination, flood, zoning violations). The seller must answer yes/no/unknown to dozens of questions. This form must be delivered to the buyer within 5 business days after mutual acceptance of a purchase agreement (by default, or as agreed). The buyer then has 3 business days to rescind the purchase agreement if the form is unacceptable (unless the buyer waived this right). If the seller fails to deliver the disclosure at all, the buyer can rescind at any time before closing. Some sales are exempt: e.g., estate executors, lender-owned foreclosures, new construction, and a few others don’t have to provide it. Importantly, a disclosure statement is *not* a warranty; however, if a seller knowingly lies on it, the buyer can sue for damages. In 2021 the law added a duty to disclose if the seller has actual knowledge of “substance contamination” (like a former meth lab) even on Form 17. Also, Washington has separate required disclosures for certain things outside Form 17: e.g., if a home is in a CIC/HOA, there’s a resale certificate the HOA provides after mutual acceptance (with CCRs and financials). But in terms of condition, Form 17 is comprehensive. Notably, Washington requires sellers of unimproved land to also give a disclosure statement focusing on environmental and land use (Form 17–land), but for houses the residential form suffices. If a seller sells “as is,” they still must provide Form 17 (unless an exemption applies), but can answer “don’t know” for everything not known. It’s not a waiver of disclosure. Federal lead paint disclosure still applies separately for pre-78.

• RCW 64.06.020-.030:contentReference[oaicite:247]{index=247}

MLS Practices

In Washington, the MLS (e.g., NWMLS, which covers most of the state) integrates disclosure into the process: NWMLS forms even include a checkbox that the seller has provided Form 17 or is exempt. NWMLS rules require the listing broker to attach the completed Form 17 to the listing unless the seller is exempt (and the listing must state the exemption reason). If a form 17 is not posted, buyer agents will chase it because of the rescission right timeline. Clear Cooperation is enforced (1 day). NWMLS has strict rules about not putting things like 'seller will only accept offers over $X' in remarks – but that’s marketing, not disclosure. Fair housing rules enforced. Photos required. NWMLS provides fields for common disclosure items: e.g., if the property has a septic, you have to input the number of bedrooms the septic is approved for – which ties to disclosure of any capacity issues. Also a field for “Energy Source” (gas, electric, etc.) which ties to if say oil tank, the Form 17 will disclose any oil storage tank. NWMLS guidelines strongly encourage attaching important documents like resale certificates (for condos) and public records but aside from Form 17, other disclosures come via separate channels (like HOA delivered after mutual acceptance per law, not via MLS). If a listing is exempt from Form 17 (like bank-owned), the agent must state 'Form 17 Exempt.' NWMLS has a specific form for bank-owned sales where buyer waives the right to disclosure. The MLS itself doesn’t sanction content of Form 17, but if a seller tries to misrepresent something there and an agent knows, the agent has a duty to correct it (ethics issue). So MLS fosters that by making Form 17 public to all buyer agents. Finally, NWMLS will fine if a listing closes and the agent never provided Form 17 – because technically buyer’s closing waives their rescission anyway, but NWMLS wants compliance. So MLS and law work hand in hand to ensure the disclosure is delivered and acknowledged.

• NWMLS Rules & Regs
• NWMLS Legal Bulletin on Form 17

Lead-Based Paint Hazard Disclosure

Federal law requires sellers of pre-1978 homes to disclose known lead-based paint or hazards and provide the EPA’s lead hazard pamphlet, and allow buyers 10 days to inspect for lead.

• 42 U.S.C. 4852d
• 24 CFR 35

Fair Housing Act (No Discriminatory Advertising)

Under federal and Washington law, housing advertisements cannot express preferences based on protected classes. Washington adds sexual orientation/gender identity, etc. No listing ad can say 'no kids' or 'Christians preferred'.

• 42 U.S.C. §3604(c)
• RCW 49.60.222-223