Part 1: Selling your own home
The Seller Disclosure Statement (NWMLS Form 17)
In Washington, a seller of improved residential property usually gives the buyer a Seller Disclosure Statement. It asks about the home's title, water, sewer and septic, structure, systems and fixtures, environmental matters, the homeowners association and other topics.
Timing. Unless you and the buyer agree otherwise, the statement is due within five business days after mutual acceptance.
The buyer's right to rescind. The buyer has three business days after receiving the statement to rescind, in a separately signed written statement, unless you both agree otherwise in writing.
What you must answer. Answer every question. The seller must complete Form 17, not the agent. Once it is done, your agent uploads it with the other forms, and it is available to buyers' agents and their clients. Write "NA" where a question clearly does not apply, and explain every "yes" answer on an attached sheet. The statement is signed and dated.
It is based on what you know. The disclosure reflects your actual knowledge when you complete it. It is not a warranty, and it is not part of the contract.
What counts as "known"
Form 17 asks about material issues that are current, and about those that were recent and have since been corrected. Examples include leaks, past water in the crawl space, pest damage, a failed inspection item, unpermitted work and insurance claims, such as fire, water damage or an accident that damaged the home. These are examples, not a complete list. Where the form asks, answer for what you know, whether or not you fixed it. Receipts, reports and warranties show buyers what was done and when.
Other disclosures to ask about
Lead-based paint for homes built before 1978. Federal rules require sellers of most pre-1978 housing to disclose known lead-based paint and lead-based paint hazards, give the buyer any available records and reports, provide the EPA pamphlet "Protect Your Family From Lead in Your Home," and include a lead warning statement in the contract. The buyer must also be allowed a 10-day period to inspect for lead, which the buyer can waive or change in writing. Sellers are not required to test.
HOA or condominium documents and fees, if the home is in an association. Form 17 asks about the association, its dues and any pending special assessments. When a condominium is sold, the buyer also receives a resale certificate from the association (RCW 64.34.425 for older condominiums, RCW 64.90.640 for communities under the newer common interest ownership act), and the buyer has a short window to cancel after receiving it. Order it early, because the association can take time.
Changes before closing. If you learn something that makes an earlier answer inaccurate, tell your agent right away. Washington law (RCW 64.06.040) requires the seller to amend the statement and deliver it to the buyer if the seller learns of new information, or an adverse change occurs, that makes an earlier answer inaccurate. No amendment is needed if the seller fixes the problem so the answer is accurate again at least three business days before closing. Otherwise the buyer can accept the amendment or rescind within three business days. The seller's duty ends at closing.
Family burial ground question (new January 1, 2027). A new Washington law adds a question to Form 17 asking whether the property includes a family burial ground, mausoleum or columbarium. Many homes that are listed now, or being prepared to list, may still be on the market or go under contract after January 1, 2027, so sellers should plan for this question and ask their agent which version of the form applies.
What not to do
Do not leave questions blank or answer "no" when you are unsure. Say what you know, or say you do not know.
Do not cover or paint over a problem and then say nothing about it.
Do not rely on "as is" language to avoid disclosing what you know. Ask your attorney how it applies to you.
Do not guess. If you are not sure, a pre-listing inspection can give you facts to work from.
Part 2: Selling a home in an estate
When the owner has died, the person selling is usually a personal representative (executor) or a trustee. That person often has never lived in the home and may not know its history.
Who signs matters. The person with legal authority signs, and some estates require notices or court steps before a sale. Talk with the estate attorney first.
Disclosure may be different. Washington's disclosure law (RCW 64.06.010) exempts a transfer made by the personal representative of a decedent's estate. A trustee of a living trust or a guardian is not named in that list, so ask your attorney whether Form 17 is required, and how to complete it if it is. Do not assume the answer.
Even if a form is not required, buyers will still ask. If you know about problems, say so. A pre-listing inspection (see Topic 22 [link]) gives an estate seller facts to share instead of guesses.
Share what you know, and say what you do not know. Family members who lived in or maintained the home may know its history. Ask them, and keep notes and records.
Contents and condition. See our post on preparing an estate home for sale (Topic 26 [link]).
From Our Own Experience
It is important to understand disclosure when you are selling a home. The law is very specific and you could open yourself up to legal action if you do not disclose required information correctly and completely.
While we can help you through the forms, we are not allowed to fill them out for you, and if you have questions we suggest you contact your attorney to clarify.
It is important to understand disclosure when you are selling a home. The law is very specific and you could open yourself up to legal action if you do not disclose required information correctly and completely.
While we can help you through the forms, we are not allowed to fill them out for you, and if you have questions we suggest you contact your attorney to clarify.
Thinking about selling in The Seattle Area?
Kelly Azzarello Real Estate | Compass
kelly@kellyazzarello.com | (425) 830-6457
Instagram: instagram.com/kellyazzarello
YouTube: youtube.com/kellyazzarellorealestate
Sources
Washington Legislature, RCW 64.06 (seller disclosure statements), including 64.06.010 (exempt transfers), 64.06.020 (Form 17 content) and 64.06.040 (amending the statement): app.leg.wa.gov/RCW/default.aspx?cite=64.06
Northwest Multiple Listing Service (NWMLS), Form 17, Seller Disclosure Statement, Improved Property (NWMLS forms library, members only): nwmls.com
U.S. Department of Housing and Urban Development, The Lead Disclosure Rule: hud.gov/program_offices/healthy_homes/enforcement/disclosure
EPA and HUD, Requirements for Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazards in Housing, 40 CFR Part 745 (Federal Register, March 6, 1996): govinfo.gov/content/pkg/FR-1996-03-06/html/96-5243.htm
Washington Legislature, RCW 64.90.640 (resale certificate) and RCW 64.34.425 (condominium resale certificate): app.leg.wa.gov/RCW
Disclaimer
This post is general information about real estate topics. It is not legal, tax or financial advice, and it does not replace a professional inspection. Rules and practices differ by situation and change over time. Check current requirements and talk with a licensed professional, such as an inspector, contractor, attorney or CPA, about your own property.
Legal: Disclosure duties depend on your facts, the type of sale and who is selling. This is not legal advice. Please discuss your situation with your own attorney before you list.
