Seller Disclosure Requirements
in Washington

Fundamentally, Washington is not a “buyer beware” state; its legal framework, codified in RCW 64.06, champions transparency. The core of the seller disclosure Washington law is the principle of actual knowledge. You are not required to hire an army of inspectors to uncover every hidden flaw, but you are legally obligated to disclose all material defects of which you are aware. This obligation is formalized through the statewide, legally mandated Form 17, better known as the Washington Seller Disclosure Form. This multi-page document must be provided to a prospective buyer within a few business days of mutual acceptance of a purchase agreement. Upon receipt, the buyer is granted a crucial, albeit brief, window of time to review the disclosures and, if they uncover something unsettling, they have the statutory right to rescind their offer without penalty. As a litigator, Countless cases show deals crumble during this exact period because of a surprising revelation on this form.

Beyond the foundation and the roof, the question of what must sellers disclose delves into the property's entire history and condition. The Washington Seller Disclosure Form is exhaustive, with sections covering everything from structural components to systems and fixtures. Have you ever had standing water in your crawlspace after a relentless week of January rain? You must disclose it. Do you know if the siding is the old, problematic LP (Louisiana-Pacific) type that was subject to class-action lawsuits? That goes on the form. Experts have litigated cases in King County where sellers failed to mention a persistent carpenter ant infestation they battled for years, or neglected to note that the expansive deck was built without a permit from the city of Bellevue. This level of detail in the property disclosure is not optional; it’s a legal requirement designed to give buyers a clear and honest picture of the home they are about to purchase, warts and all.

Considering Washington's unique geography, from the damp Puget Sound lowlands to the arid eastern plains, certain disclosures are particularly critical. For homes nestled on the steep hillsides overlooking Lake Washington or the Sound, any history of soil instability, erosion, or past landslides is a paramount disclosure. Market data shows disputes where a seller conveniently forgot to mention the expensive retaining wall they built to mitigate slope creep. Properties within the lahar inundation zones of Mount Rainier or in the seismically sensitive areas of the Cascadia Subduction Zone carry their own specific Washington disclosure requirements. Furthermore, our perpetually damp climate makes mold and water intrusion a constant concern. Disclosing a past mold remediation, even if professionally handled, is non-negotiable. Similarly, the presence of an old, decommissioned underground oil heating tank, common in older homes from Spokane to Seattle, must be revealed.

Unfortunately, when a seller intentionally conceals a known defect, the consequences can be severe and extend far beyond the closing date. The legal standard hinges on the seller's “actual knowledge.” I once represented a buyer in Pierce County who discovered, during their first winter, that the seller had simply painted over black mold in a bathroom instead of remediating the plumbing leak causing it. We successfully argued for damages covering not only the costly mold removal but also a portion of their legal fees. Failing to meet the seller disclosure Washington standards can lead to a lawsuit for fraudulent concealment or misrepresentation, potentially resulting in the court ordering a rescission of the sale or awarding significant monetary damages to the buyer. Answering “don’t know” on the disclosure form when you, in fact, do know the answer is a gamble that can backfire spectacularly, transforming a profitable sale into a legal nightmare.

Therefore, the most effective strategy for completing the Washington Seller Disclosure Form is one of meticulous honesty. expert advice to sellers is always to treat the form as a legal declaration, not a marketing tool. Walk through your property, Form 17 in hand, and answer each question thoughtfully. If you're unsure about the age of the roof or the condition of the furnace, it’s far better to state that the information is unknown than to guess. An even stronger protective measure is to invest in a pre-listing inspection. Providing a professional inspector's report alongside your Form 17 not only demonstrates good faith but also shifts the burden of discovery. It creates a powerful, transparent record that can preempt buyer suspicions and streamline negotiations, ultimately protecting you from post-closing legal claims about what you should have known.

For buyers, receiving the completed Form 17 is not the end of your investigation; it's the starting point. This property disclosure is a roadmap highlighting areas that demand further scrutiny. If the seller discloses a past issue with the septic system, you should not rely on a general home inspector; you should hire a septic specialist to conduct a thorough evaluation, including a camera scope of the drain field. If water damage in the basement is noted, your due diligence should include a specialized assessment for moisture and potential mold. Use your buyer's agent to help you draft inspection responses that directly address the items disclosed, and never waive your inspection contingency without fully understanding the implications of the seller's statements. The disclosure and subsequent inspection period are your single best opportunity to truly understand the home you are buying.