AI Washington Real Estate Forms & Disclosure Guide

> Washington Real Estate Forms & Disclosure Guide: provide transaction type, property type, and role (buyer/seller/agent) and receive a complete disclosure and forms checklist in minutes, covering required statutory disclosure forms, deadlines, agency disclosure rules, NWMLS standard contracts, and exemptions. Free AI workflow, no signup required to preview.

Inputs the user provides

• Transaction type (e.g., standard residential sale, new construction, short sale, estate/probate sale, foreclosure/trustee's sale, FSBO)
• Property type (e.g., single-family home, condo/townhome, multi-family, vacant land, manufactured home)
• Role (buyer / seller / agent/broker), -

Deliverable

Complete, ready-to-use output. Fill each section; tag invented values `[ASSUMPTION: …]`., -

1. Washington Seller Disclosure Statement (Form 17), RCW 64.06

Overview

Washington's Seller Disclosure Statement (commonly called "Form 17") is the state-mandated transfer disclosure form under the Washington Seller Disclosure Act, RCW Chapter 64.06. It is the Washington equivalent of California's TDS (Cal. Civ. Code §1102). Any seller of improved residential real property (1, 4 units) must deliver a completed Form 17 to the buyer before the buyer is obligated under a purchase and sale agreement, or within three (3) business days after mutual acceptance if disclosure was not made before the buyer's offer.

Statute: RCW 64.06.013 (general requirement), RCW 64.06.020 (residential form content), RCW 64.06.070 (buyer's rescission right).

Form 17 Sections Required

The Form 17 for a residential 1, 4 unit property must address all of the following:

1. Title / Encumbrances, known easements, deed restrictions, encroachments, CC&Rs, survey issues, unrecorded agreements.

2. Water / Sewer / Utilities
- Water source: public/community water system, private well, or shared well.
- Sewer: public sewer, septic, or holding tank. If septic: last inspection date, system capacity (# bedrooms it is approved for), any known defects.
- Water rights: does the property include water rights or water claims?
- Utilities: electricity, natural gas, propane, oil, wood.

3. Structural Conditions
- Age, type, and condition of roof (last replaced: `[[Roof Replacement Year]]`).
- Foundation type; known settlement, cracks, or movement.
- Exterior walls, windows, skylights; known moisture/water intrusion.
- Attic insulation and ventilation.
- Basement or crawlspace: moisture, standing water, vapor barrier.

4. Systems
- Heating system type and age; air conditioning (if any).
- Plumbing: supply and drain material, known leaks, galvanized pipes.
- Electrical: panel capacity, aluminum wiring, GFCI in wet areas, known hazards.
- Appliances included in sale and their condition.

5. Environmental Conditions
- Lead-based paint (if built before 1978, see Section 3 below).
- Asbestos: known presence of asbestos-containing material.
- Underground storage tanks (USTs): known or removed.
- Oil, chemical, or fuel spills; contaminated soil or groundwater.
- Radon: known testing results.
- Mold or mildew: known occurrences or current conditions.
- Wood-boring insects: known infestation or prior treatment.

6. Natural Hazards / Zoning
- Located in a FEMA Special Flood Hazard Area (100-year floodplain)? Has the property flooded in the past?
- Shoreline jurisdiction under the Shoreline Management Act (SMA, RCW 90.58)?
- Landslide, steep-slope, or erosion hazard area under critical-areas ordinance?
- Earthquake / liquefaction zone (consult Washington DNR Geologic Information Portal)?
- Wildland-Urban Interface (WUI) / fire hazard area as designated by local jurisdiction or DNR?
- Airport influence area or flight path noise zone?
- Mining / mineral rights severed from surface rights?

7. Legal / Use
- Any pending code violations, orders to comply, notices from government agencies?
- Any current or pending liens, assessments, or special levies (other than ordinary property taxes)?
- Any boundary disputes, adverse-possession claims, or encroachments?
- Any open permits that were never finaled?
- Manufactured home: HUD label/certification, title eliminated to real property?

8. HOA / Governing Documents
- Is the property subject to a homeowners' association, condo association, or master planned community (RCW 64.38, 64.34)?
- Monthly dues: `[[HOA Monthly Dues]]`; current on dues?
- Special assessments pending or recently imposed?
- Transfer fee imposed by the association?

9. Seller's Knowledge of Material Defects, a catch-all requiring disclosure of any material defect not covered in prior sections.

Form 17C, Vacant Land

If the property is vacant land, the seller uses Form 17C (Vacant Land Disclosure Statement), which replaces the structural sections with questions about roads, utilities, access, environmental conditions, critical areas, and land use restrictions. RCW 64.06.013(1)(c).

Form 17New, New Construction

For new construction (property never occupied as a residence), the seller/builder uses Form 17New, which focuses on construction defects, warranties, and known conditions. See also RCW 64.50 (Residential Construction Defect Claims, 10-day notice-of-claim requirement before suit).

Buyer's Rescission Right

After receiving Form 17, the buyer has three (3) business days to rescind the purchase and sale agreement by delivering written notice to the seller or seller's agent, without penalty. (RCW 64.06.070.) This right exists even if the buyer signed the PSA before receiving Form 17., -

2. Agency Relationship Disclosure, RCW 18.86

Overview

Washington requires a written Agency Disclosure that explains to the parties the nature of the agency relationship: who the agent represents, what duties the agent owes, and whether dual agency exists. This is governed by RCW Chapter 18.86 (Real Estate Agency Relationships) and WAC 308-124D-020.

Timing

An agent must provide the pamphlet or disclosure form at the first substantial contact with a potential buyer or seller, generally the first meeting, tour, or in-depth telephone conversation. The agent must confirm receipt in writing before any written offer is made.

Types of Agency

NWMLS Agency Disclosure Form

The Northwest Multiple Listing Service (NWMLS) publishes the standard agency disclosure form used throughout Western Washington. Eastern Washington transactions may use forms promulgated by the Eastern Washington Regional MLS (EWMLS) or the Washington Association of REALTORS® (WAR). All must satisfy RCW 18.86 minimum content requirements.

Licensee's Duties (RCW 18.86.030)

A Washington real estate licensee owes every party, regardless of representation, these non-waivable duties:

1. Deal honestly and in good faith.

2. Disclose all known material defects of the property.

3. Account for all money received.

A licensee owes the represented client additional duties including loyalty, reasonable care, disclosure of conflicts of interest, and confidentiality., -

3. Lead-Based Paint Disclosure (Federal, 42 U.S.C. §4852d)

Requirement

For any residential property built before 1978, federal law requires both seller and any agent to:

1. Disclose known lead-based paint or lead-based paint hazards in the property.

2. Provide buyers with the EPA pamphlet: *"Protect Your Family from Lead in Your Home."*

3. Attach the Lead-Based Paint Disclosure Addendum to the purchase and sale agreement.

4. Give buyers a 10-day opportunity to conduct a risk assessment or inspection for lead-based paint hazards (buyer may waive this period in writing).

NWMLS Lead Disclosure Form

NWMLS Form 22K (*Lead-Based Paint Addendum*) is the standard form used in Washington for compliance with 42 U.S.C. §4852d and 40 C.F.R. Part 745., -

4. Natural Hazard and Environmental Disclosures

4A. Flood Hazard

Washington does not have a single-form "Natural Hazard Disclosure Statement" like California's NHD. Instead, flood-hazard disclosure is addressed within Form 17 (Section 6 above) and reinforced by FEMA National Flood Insurance Program (NFIP) regulations. Sellers must disclose:

• Whether the property is in a FEMA Special Flood Hazard Area (SFHA) requiring federally-backed flood insurance.
• Any prior flood damage.
• Elevation certificates on file.

King County, Pierce County, Snohomish County, and other local jurisdictions publish GIS flood-layer maps that satisfy FEMA disclosure obligations.

4B. Earthquake / Seismic Hazard

Washington is in a high-seismic zone. The Washington State Department of Natural Resources (DNR) Geologic Information Portal identifies earthquake fault zones, liquefaction susceptibility, and tsunami inundation zones. Disclosure of known seismic hazard zone status is required under the Form 17 Section 6 catch-all.

Sellers near active or potentially active faults (e.g., the Seattle Fault Zone, South Whidbey Island Fault) should disclose proximity and any known structural seismic upgrades or deficiencies.

4C. Shoreline Management Act (SMA)

Properties within 200 feet of the ordinary high-water mark of Puget Sound, rivers, lakes, or other "shorelines of the state" fall under the Shoreline Management Act (RCW 90.58). Sellers must disclose:

• Shoreline jurisdiction and applicable Shoreline Master Program (SMP) of the local jurisdiction.
• Any Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, or Variance on file.
• Setback restrictions (typically 50, 200 ft from OHWM depending on designation).

4D. Critical Areas, Wetlands, Steep Slopes, Wildlife Habitat

Local critical-areas ordinances (enacted under the Growth Management Act, RCW 36.70A) designate wetlands, fish/wildlife habitat conservation areas, frequently-flooded areas, geologically hazardous areas (including steep slopes, landslide hazards, erosion hazards), and critical aquifer recharge areas. A property in or near a critical area may have:

• Required critical-area buffers (often 50, 300 ft from wetland edge).
• Restricted development rights.
• Disclosure obligations under Form 17.

Buyers should request a critical-areas determination from the local planning department.

4E. Septic Systems / On-Site Sewage

Washington has one of the most comprehensive septic disclosure requirements in the country under RCW 70A.272 (On-Site Sewage System Act). Sellers of properties with septic/on-site sewage systems must:

1. Provide a copy of the On-Site Sewage System (OSS) permit and design.

2. Disclose last inspection date and any known deficiencies.

3. Identify the approved design capacity (number of bedrooms/gallons per day).

4. Disclose whether the system has been pumped in the last 3 years.

Some counties (e.g., King, Pierce, Snohomish) require a septic inspection within 2, 3 years of sale and disclosure of the inspection report. Buyers should independently verify with the local health department.

4F. Water Rights (RCW 90.03)

Water rights in Washington are separate legal property interests governed by the Prior Appropriation Doctrine (RCW 90.03). Sellers must disclose:

• Whether a water right permit or certificate exists and the priority date, source, purpose, and quantity.
• Whether the right is appurtenant to the land (transfers with the property) or held separately.
• Any Ecology compliance orders or water-right curtailments.

Washington's water rights are administered by the Department of Ecology (Ecology). Buyers should search the Ecology Water Rights Reporting System (WRRS) database., -

5. NWMLS Standard Forms, Purchase and Sale Agreement and Key Addenda

NWMLS Form 21, Residential Purchase & Sale Agreement (PSA)

The NWMLS Form 21 (Residential Purchase & Sale Agreement) is the dominant standard form for residential transactions in Western Washington, equivalent in role to the California Association of REALTORS® Residential Purchase Agreement (CAR RPA). Key provisions:

Note for Eastern Washington: The EWMLS and Washington Association of REALTORS® (WAR) publish forms used outside of NWMLS territory; the substance mirrors Form 21 but formatting and clause numbering differ.

Key NWMLS Addenda

6. Seller Financing and Transfer-Fee Disclosures

Seller Financing, RCW 19.144 and RCW 61.09

If the seller provides financing (seller carry-back, installment sale, land contract/real estate contract), Washington requires:

1. RCW 19.144 (Mortgage Broker Practices Act), seller-carried financing in a residential transaction may require compliance with SAFE Act licensing if more than 3 seller-financed transactions per year.

2. Deed of Trust Act (RCW 61.24), most seller financing is secured by a Deed of Trust (not a traditional mortgage). Buyers and sellers must understand that the trustee (typically a title company) holds a nonjudicial foreclosure power allowing foreclosure without court process.

3. Real Estate Contract (Land Contract, RCW 65.04.015), the seller retains legal title until final payoff; buyer holds equitable title. Slower to clear title but common for seller-financed rural or non-conforming property transactions.

4. Disclosure of Terms, all seller-financing terms (principal, interest rate, amortization, balloon payment if any, due-on-sale clause, prepayment penalty) must be clearly stated in the addendum or promissory note.

Transfer Fees and Special Levies

Washington does not have a Mello-Roos Community Facilities District (that is California-specific). The Washington equivalents are:

1. Local Improvement Districts (LIDs), RCW 35.43 / 36.94, municipal or county-formed improvement districts that assess properties benefited by infrastructure improvements (roads, sewers, drainage). Sellers must disclose any LID assessment balance owed and whether it will be paid at closing or assumed by the buyer.

2. Homeowner Association Transfer Fees, HOAs in Washington (governed by RCW 64.38 for homeowners' associations and RCW 64.34 for condominiums) may charge a transfer/administrative fee at closing. Sellers must disclose pending special assessments and outstanding dues.

3. Real Estate Excise Tax (REET), RCW 82.45, paid by the seller at closing. The state tiered rate structure (as of 2024) is:
- 1.10% on sale price ≤ $525,000
- 1.28% on portion from $525,001 to $1,525,000
- 2.75% on portion from $1,525,001 to $3,025,000
- 3.00% on portion over $3,025,000
- Additional 0.25%, 0.75% local REET may apply in certain jurisdictions (e.g., City of Seattle, RCW 82.46).

4. Conservation Easements / Conservation Futures, rural properties may be subject to conservation easements recorded against the title; sellers must disclose these encumbrances., -

7. Exemptions from Seller Disclosure (RCW 64.06.013)

The following transactions are exempt from Form 17 requirements under RCW 64.06.013(1):

> Important: Even if a transaction is exempt from Form 17, the lead-based paint federal disclosure (42 U.S.C. §4852d) and the agency disclosure (RCW 18.86) still apply. Exemptions from Form 17 do not excuse agents from disclosing known material defects., -

8. Role-Specific Obligations

8A. Seller's Obligations

> Seller's Amendment Duty: If a seller discovers a material change in conditions after delivering Form 17 but before closing, the seller must deliver an amended Form 17 promptly (RCW 64.06.050). The buyer then has a new 3-business-day rescission window.

8B. Buyer's Obligations and Rights

8C. Agent's / Broker's Obligations

9. Condominium and HOA Resale Disclosures

Condominium, RCW 64.34.425

The seller of a condominium unit must provide the buyer with a resale certificate from the condominium association within 10 days of written request (or as specified in the PSA). The certificate must contain:

1. Annual operating budget and most recent financial statements.

2. Reserves: current balance and any reserve-funding deficiency.

3. Pending or recently completed special assessments.

4. Pending litigation involving the association.

5. Any unsatisfied judgment against the association.

6. Known physical defects in the common elements.

7. Insurance policies maintained by the association (types, deductible, carrier).

8. Current monthly assessments and any arrears for the seller's unit.

9. Rental restrictions and rental cap (percentage of units allowed as rentals).

The buyer has 3 business days after receipt of the complete resale certificate to rescind the agreement.

Homeowners' Association, RCW 64.38.095

For non-condominium HOAs (planned unit developments), the seller must provide:

1. HOA governing documents (CC&Rs, bylaws, rules and regulations).

2. Current monthly/annual assessment amounts.

3. Pending special assessments.

4. Any current violations / notices of non-compliance.

5. Pending litigation.

The buyer has 3 business days after receipt to rescind., -

10. Title Insurance and Escrow

Washington is an escrow state, transactions close through a neutral third-party escrow and title company (commonly First American, Chicago Title, Fidelity National, Rainier Title, or Pacific Northwest Title). Washington does not use attorneys for residential closings (unlike some East Coast states).

Title Commitment

Within the period specified in the PSA (typically 5 days after mutual acceptance), the title company issues a preliminary title commitment listing:
- Schedule A: legal description, current vesting/ownership.
- Schedule B-1: requirements to clear (payoff existing loans, release liens).
- Schedule B-2: exceptions (easements, CC&Rs, tax liens, HOA liens recorded against title).

The buyer and buyer's agent review Schedule B-2 exceptions. Title insurance (owner's policy) protects the buyer against unknown prior claims.

Types of Deeds in Washington

11. Sample Transaction Checklist by Role

Seller Checklist

1. [ ] Engage a licensed Washington broker or list FSBO with written agency disclosure.

2. [ ] Complete Form 17 (or Form 17C / 17New as applicable) fully and accurately.

3. [ ] Gather septic records, well permits, water-right certificates (if applicable).

4. [ ] Pull permits, inspect for open/unfiled permits.

5. [ ] Confirm HOA/condo is current on dues; obtain resale certificate or HOA documents.

6. [ ] Order preliminary title commitment and review Schedule B exceptions.

7. [ ] Deliver Form 17 to buyer before or within 3 business days of mutual acceptance.

8. [ ] Complete lead-paint disclosure if pre-1978.

9. [ ] Respond to buyer's inspection notice (Form 35R) within the PSA timeframe.

10. [ ] Confirm REET payment amount with escrow prior to closing.

11. [ ] Deliver amended Form 17 promptly if material conditions change.

12. [ ] Sign closing documents at escrow; deed recorded at county auditor's office.

Buyer Checklist

1. [ ] Receive and review agency disclosure form from any agent at first substantial contact.

2. [ ] Obtain pre-approval letter (attach to Form 22A with offer).

3. [ ] Review Form 17 upon receipt; if exercising rescission, deliver written notice within 3 business days.

4. [ ] Review lead-paint disclosure (pre-1978); conduct or waive lead-paint inspection within 10 days.

5. [ ] Schedule general inspection, sewer scope, roof inspection, radon test, and any specialized inspections per Form 35.

6. [ ] Review title commitment (Schedule B-2 exceptions); request removal of any unacceptable encumbrances.

7. [ ] Review HOA/condo resale documents; exercise rescission right within 3 business days if deficiencies found.

8. [ ] Confirm flood-zone status; obtain flood insurance if in SFHA.

9. [ ] Conduct final walkthrough within 5 days of closing.

10. [ ] Sign closing documents at escrow; receive deed and title insurance policy.

Agent/Broker Checklist

1. [ ] Provide written agency disclosure and obtain acknowledgment at first substantial contact.

2. [ ] Verify Form 17 completeness; flag missing or inconsistent disclosures to the seller.

3. [ ] Ensure earnest money is deposited to trust account within 1 banking day.

4. [ ] Confirm lead-paint addendum (Form 22K) is attached if pre-1978.

5. [ ] Monitor contingency deadlines (Form 35 inspection period, financing, title review, HOA documents).

6. [ ] Disclose known material defects in writing, regardless of representation.

7. [ ] Obtain written dual-agency consent from both parties if acting as dual agent.

8. [ ] Coordinate with escrow on REET calculation, deed preparation, and recording.

9. [ ] Retain all disclosure documents per WAC 308-124B-020 (minimum 3 years after closing)., -

Glossary of Key Washington Real Estate Terms

> ⚠️ Template example, not professional (legal/financial/medical) advice. Figures and clauses must be verified for the applicable jurisdiction and kept current. Invented values are tagged `[ASSUMPTION: …]`.
>
> Sources (as of June 2026): RCW 64.06 (Seller Disclosure Act); RCW 18.86 (Agency Relationships); RCW 82.45 (REET); RCW 64.34 (Washington Condominium Act); RCW 64.38 (Homeowners' Associations); RCW 61.24 (Deed of Trust Act); RCW 70A.272 (On-Site Sewage); RCW 90.58 (Shoreline Management Act); RCW 36.70A (Growth Management Act); 42 U.S.C. §4852d (Lead-Based Paint); NWMLS Forms (current edition). Verify current REET rates, local surcharges, county-specific OSS requirements, and any 2025, 2026 legislative changes before use.