Washington Real Estate Seller Disclosure Statement

Revised Code of Washington requires that real estate sellers provide to buyers a disclosure statement which details the condition of the property being sold. There are three different versions of the disclosure statement, the one you use will depend on the type of property being sold. The versions are:

1. Improved Residential Real Property (e.g. house, condo, etc.)
2. Unimproved Residential Real Property (e.g. vacant lot, etc.)
3. Commercial Real Estate

Where can I get a copy of the disclosure?

There are two ways:

1. We will provide you a copy of any Washington disclosure form for free when you submit a flat fee MLS listing through our website. It costs only a one-time fee of $95. We will provide the version of this form that MLS requires (which is slightly different than the version below) or
2. If you are NOT submitting an MLS listing through us, the format for each disclosure (Improved, Unimproved, and Commercial) is shown in the Revised Code of Washington, or

Note that if you are submitting an MLS to us, use the Washington disclosure form that we provide, not the one shown in Revised Code of Washington. The buyer agents are only familiar with the version we provide and it is much more readable.

Are there any exemptions to providing the disclosure?

Yes, as of the writing of this article, the exemptions in Revised Code of Washington are as follows:

1. A foreclosure or deed-in-lieu of foreclosure;
2. A gift or other transfer to a parent, spouse, domestic partner, or child of a transferor or child of any parent, spouse, or domestic partner of a transferor;
3. A transfer between spouses or between domestic partners in connection with a marital dissolution or dissolution of a state registered domestic partnership;
4. A transfer where a buyer had an ownership interest in the property within two years of the date of the transfer including, but not limited to, an ownership interest as a partner in a partnership, a limited partner in a limited partnership, a shareholder in a corporation, a leasehold interest, or transfers to and from a facilitator pursuant to a tax deferred exchange;
5. A transfer of an interest that is less than fee simple, except that the transfer of a vendee's interest under a real estate contract is subject to the requirements of this chapter;
6. A transfer made by the personal representative of the estate of the decedent or by a trustee in bankruptcy; and
7. A transfer in which the buyer has expressly waived the receipt of the seller disclosure statement. However, if the answer to any of the questions in the section entitled "Environmental" would be "yes," the buyer may not waive the receipt of the "Environmental" section of the seller disclosure statement.

Can the buyer waive the disclosure?

Yes, as of the writing of this article, Revised Code of Washington states that the seller is exempt from providing the disclosure in the following scenario:

• A transfer in which the buyer has expressly waived the receipt of the seller disclosure statement. However, if the answer to any of the questions in the section entitled "Environmental" would be "yes," the buyer may not waive the receipt of the "Environmental" section of the seller disclosure statement.

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