1634-SAMSFSIHS2886.1SHB 1634S COMM AMDBy Committee on Financial Services, Insurance & HousingADOPTED 04/15/2003 Strike everything after the enacting clause and insert thefollowing:Sec. RCW 64.06.020 and 1996 c 301 s 2 are each amended to readas follows: (1) In a transaction for the sale of residential ((real)) property,the seller shall, unless the buyer has expressly waived the right toreceive the disclosure statement, or unless the transfer is exemptunder RCW 64.06.010, deliver to the buyer a completed ((real propertytransfer)) seller disclosure statement in the following format and thatcontains, at a minimum, the following information:INSTRUCTIONS TO THE SELLERPlease complete the following form. Do not leave any spaces blank. Ifthe question clearly does not apply to the property write "NA". If theanswer is "yes" to any items, please explain on attached sheets.Please refer to the line number(s) of the question(s) when you provideyour explanation(s). For your protection you must date and sign eachpage of this disclosure statement and each attachment. Delivery of thedisclosure statement must occur not later than five business days,unless otherwise agreed, after mutual acceptance of a written contractto purchase between a buyer and a seller. NOTICE TO THE BUYERTHE FOLLOWING DISCLOSURES ARE MADE BY ((THE SELLER(S), CONCERNING))SELLER ABOUT THE CONDITION OF THE PROPERTY LOCATED AT("THE PROPERTY"), OR AS LEGALLY DESCRIBED ON ATTACHED EXHIBIT A.((DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THEBASIS OF)) SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIALFACTS OR MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGEOF THE PROPERTY AT THE TIME ((THIS DISCLOSURE FORM IS COMPLETED BY THESELLER.)) SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU AND 1 SELLER OTHERWISE AGREE IN WRITING, YOU HAVE THREE BUSINESS DAYS((,UNLESS OTHERWISE AGREED, FROM THE SELLER'S DELIVERY OF THIS SELLER'S))FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURESTATEMENT TO YOU TO RESCIND ((YOUR)) THE AGREEMENT BY DELIVERING ((YOURSEPARATE)) A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO ((THESELLER, UNLESS YOU WAIVE THIS RIGHT AT OR)) SELLER OR SELLER'S AGENT.IF THE SELLER DOES NOT GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THENYOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO ((ENTERING)) OR AFTER THETIME YOU ENTER INTO A SALE AGREEMENT.THE FOLLOWING ARE DISCLOSURES MADE BY ((THE)) SELLER AND ARE NOT THEREPRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THISINFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OFANY WRITTEN AGREEMENT BETWEEN ((THE)) BUYER AND ((THE)) SELLER.FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THISPROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF ((AQUALIFIED SPECIALIST TO INSPECT THE PROPERTY ON YOUR BEHALF, FOREXAMPLE)) QUALIFIED EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE,WITHOUT LIMITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS,ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, ONSITE WASTEWATERTREATMENT INSPECTORS, OR STRUCTURAL PEST ((AND DRY ROT)) INSPECTORS.THE PROSPECTIVE BUYER AND ((THE OWNER)) SELLER MAY WISH TO OBTAINPROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY ((AND)) OR TOPROVIDE ((FOR)) APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITHRESPECT TO ANY ADVICE, INSPECTION, DEFECTS OR WARRANTIES.Seller .... is/ .... is not occupying the property.I. SELLER'S DISCLOSURES:
If (("Yes" attach a copy or explain)) you answer "Yes" to a question with an asterisk(*), please explain your answer and attach documents, if available and not otherwisepublicly recorded. If necessary, use an attached sheet.
1. TITLE
[ ] Yes[ ] No[ ] Don't knowA. Do you have legal authority to sellthe property? If no, please explain.
[ ] Yes[ ] No[ ] Don't knowB. Is title to the property subject toany of the following?
(1) First right of refusal
(2) Option
2 (3) Lease or rental agreement
(4) Life estate?
[ ] Yes[ ] No[ ] Don't knowC. Are there any encroachments,boundary agreements, or boundarydisputes?
[ ] Yes[ ] No[ ] Don't knowD. Are there any rights of way,easements, or access limitations thatmay affect the ((owner's)) Buyer's use ofthe property?
[ ] Yes[ ] No[ ] Don't knowE. Are there any written agreementsfor joint maintenance of an easement orright of way?
[ ] Yes[ ] No[ ] Don't knowF. Is there any study, survey project, ornotice that would adversely affect theproperty?
[ ] Yes[ ] No[ ] Don't knowG. Are there any pending or existingassessments against the property?
[ ] Yes[ ] No[ ] Don't knowH. Are there any zoning violations,nonconforming uses, or any unusualrestrictions on the ((subject)) propertythat would affect future construction orremodeling?
[ ] Yes[ ] No[ ] Don't knowI. Is there a boundary survey for theproperty?
[ ] Yes[ ] No[ ] Don't knowJ. Are there any covenants, conditions,or restrictions which affect the property?
2. WATER
A. Household Water
(1) The source of ((the)) water forthe property is:[ ] Private or publicly owned watersystem[ ] Private well serving only thesubject property . . . . . .[ ] Other water system
[ ] Yes[ ] No[ ] Don't knowIf shared, are there any writtenagreements?
(([ ] Public [ ] Community[ ] Private [ ] Shared
(2) Water source information:|
[ ] Yes[ ] No[ ] Don't knowa. Are there any writtenagreements for shared watersource?))
3 [ ] Yes[ ] No[ ] Don't know((b.)) (2) Is there aneasement (recorded orunrecorded) for access toand/or maintenance of thewater source?
[ ] Yes[ ] No[ ] Don't know((c.)) (3) Are there anyknown problems or repairsneeded?
[ ] Yes[ ] No[ ] Don't know((d. Does)) (4) During yourownership, has the source((provide)) provided anadequate year round supply ofpotable water? If no, pleaseexplain.
[ ] Yes[ ] No[ ] Don't know(((3))) (5) Are there any watertreatment systems for the property?If yes, are they []Leased []Owned
B. Irrigation
[ ] Yes[ ] No[ ] Don't know(1) Are there any water rights forthe property, such as a water right,permit, certificate, or claim?
[ ] Yes[ ] No[ ] Don't know(((2) If they exist, to yourknowledge,)) (a) If yes, have thewater rights been used during thelast ((fiveyear period)) five years?
[ ] Yes[ ] No[ ] Don't know(((3))) (b) If so, is the certificateavailable?
C. Outdoor Sprinkler System
[ ] Yes[ ] No[ ] Don't know(1) Is there an outdoor sprinklersystem for the property?
[ ] Yes[ ] No[ ] Don't know(((2))) (2) If yes, are there anydefects in the ((outdoor sprinkler))system? . . . . . .
[ ] Yes[ ] No[ ] Don't know*(3) If yes, is the sprinkler systemconnected to irrigation water?
3. SEWER/((SEPTIC)) ONSITESEWAGE SYSTEM
A. The property is served by: [ ] Publicsewer ((main)) system, [ ] ((Septictank)) Onsite sewage system (includingpipes, tanks, drainfields, and all othercomponent parts) [ ] Other disposalsystem (((describe))) Please describe:
4 [ ] Yes[ ] No[ ] Don't knowB. If ((the property is served by a publicor community sewer main, is the houseconnected to the)) public sewer systemservice is available to the property, is thehouse connected to the sewer main? Ifno, please explain.
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[ ] Yes[ ] No[ ] Don't knowC. Is the property ((currently subject toa sewer capacity charge)) subject to anysewage system fees or charges inaddition to those covered in yourregularly billed sewer or onsite sewagesystem maintenance service?
D. If the property is connected to ((aseptic)) an onsite sewage system:
[ ] Yes[ ] No[ ] Don't know(1) Was a permit issued for itsconstruction, and was it approvedby the ((city or county)) local healthdepartment or district following itsconstruction?
(2) When was it last pumped:
((, 19))
[ ] Yes[ ] No[ ] Don't know(3) Are there any defects in theoperation of the ((septic)) onsitesewage system?
[ ] Don't know(4) When was it last inspected?
((, 19))
By Whom:
[ ] Don't know(5) For how many bedrooms wasthe onsite sewage system approved((for))?
bedrooms
[ ] Yes[ ] No[ ] Don't know((E. Do)) E. Are all plumbingfixtures, including laundry drain, ((go))connected to the ((septic/sewer))sewer/onsite sewage system? If no,please explain:
[ ] Yes[ ] No[ ] Don't knowF. ((Are you aware of)) Have therebeen any changes or repairs to the((septic)) onsite sewage system?
[ ] Yes[ ] No[ ] Don't knowG. Is the ((septic tank)) onsite sewagesystem, including the drainfield, locatedentirely within the boundaries of theproperty? If no, please explain.
5 [ ] Yes[ ] No[ ] Don't knowH. Does the onsite sewage systemrequire monitoring and maintenanceservices more frequently than once ayear? If yes, please explain.
NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURESTATEMENT IS BEING COMPLETED FOR NEW CONSTRUCTION WHICHHAS NEVER BEEN OCCUPIED, THE SELLER IS NOT REQUIRED TOCOMPLETE THE QUESTIONS LISTED IN ITEM 4. STRUCTURAL OR ITEM5. SYSTEMS AND FIXTURES
4. STRUCTURAL
[ ] Yes[ ] No[ ] Don't knowA. Has the roof leaked?
(([ ] Yes[ ] No[ ] Don't knowIf yes, has it been repaired?))
[ ] Yes[ ] No[ ] Don't knowB. Has the basement flooded orleaked?
[ ] Yes[ ] No[ ] Don't knowC. Have there been any conversions,additions, or remodeling?
[ ] Yes[ ] No[ ] Don't know((1.)) (1) If yes, were allbuilding permits obtained?
[ ] Yes[ ] No[ ] Don't know((2.)) (2) If yes, were all finalinspections obtained?
[ ] Yes[ ] No[ ] Don't know((C.)) D. Do you know the age of thehouse? If yes, year of originalconstruction:
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[ ] Yes[ ] No[ ] Don't know(( D. Do you know of)) E. Hasthere been any settling, slippage, orsliding of ((either the house or otherstructures/improvements located on theproperty? If yes, explain:)) the propertyor its improvements?
(())
[ ] Yes[ ] No[ ] Don't know((E. Do you know of)) F. Are thereany defects with the following: (If yes,please check applicable items andexplain.)
□ Foundations□ Decks□ Exterior Walls
□ Chimneys□ Interior Walls□ Fire Alarm
□ Doors□ Windows□ Patio
□ Ceilings□ Slab Floors□ Driveways
□ Pools□ Hot Tub□ Sauna
□ Sidewalks□ Outbuildings□ Fireplaces
□ Garage Floors□ Walkways□ Siding
□ Other□ Wood Stoves
6 (([ ] Yes[ ] No[ ] Don't knowF. Was a pest or dry rot, structural or"whole house" inspection done? Whenand by whom was the inspectioncompleted?
[ ] Yes[ ] No[ ] Don't knowG. Since assuming ownership, hasyour property had a problem with wooddestroying organisms and/or have therebeen any problems with pest control,infestations, or vermin?))|
[ ] Yes[ ] No[ ] Don't know*G. Was a structural pest or "wholehouse" inspection done? If yes, whenand by whom was the inspectioncompleted?
[ ] Yes[ ] No[ ] Don't knowH. During your ownership, has theproperty had any wood destroyingorganism or pest infestation?
[ ] Yes[ ] No[ ] Don't knowI. Is the attic insulated?
[ ] Yes[ ] No[ ] Don't knowJ. Is the basement insulated?
5. SYSTEMS AND FIXTURES
((If)) A. If any of the followingsystems or fixtures are included with thetransfer, ((do they have any existingdefects:)) are there any defects? If yes,please explain.
[ ] Yes[ ] No[ ] Don't know((A.)) Electrical system, includingwiring, switches, outlets, andservice
[ ] Yes[ ] No[ ] Don't know((B.)) Plumbing system, includingpipes, faucets, fixtures, and toilets
[ ] Yes[ ] No[ ] Don't know((C.)) Hot water tank
[ ] Yes[ ] No[ ] Don't know((D.)) Garbage disposal
[ ] Yes[ ] No[ ] Don't know((E.)) Appliances
[ ] Yes[ ] No[ ] Don't know((F.)) Sump pump
[ ] Yes[ ] No[ ] Don't know((G.)) Heating and coolingsystems
[ ] Yes[ ] No[ ] Don't know((H.)) Security system[ ] Owned [ ] Leased
((I.)) Other
*B. If any of the following fixturesor property is included with thetransfer, are they leased? (If yes,please attach copy of lease.)
[ ] Yes[ ] No[ ] Don't knowSecurity system . . . . . .
[ ] Yes[ ] No[ ] Don't knowTanks (type): . . . . . .
[ ] Yes[ ] No[ ] Don't knowSatellite dish . . . . . .Other: . . . . . .
6. COMMON INTERESTS
7 [ ] Yes[ ] No[ ] Don't knowA. Is there a Home Owners'Association? Name of Association
[ ] Yes[ ] No[ ] Don't knowB. Are there regular periodicassessments:
$ per [ ] Month [ ] Year[ ] Other
[ ] Yes[ ] No[ ] Don't knowC. Are there any pending specialassessments?
[ ] Yes[ ] No[ ] Don't knowD. Are there any shared "commonareas" or any joint maintenanceagreements (facilities such as walls,fences, landscaping, pools, tennis courts,walkways, or other areas coowned inundivided interest with others)?
7. GENERAL
[ ] Yes[ ] No[ ] Don't knowA. ((Is there any settling, soil, standingwater, or)) Have there been any drainageproblems on the property?
[ ] Yes[ ] No[ ] Don't knowB. Does the property contain fillmaterial?
[ ] Yes[ ] No[ ] Don't knowC. Is there any material damage to theproperty ((or any of the structure)) fromfire, wind, floods, beach movements,earthquake, expansive soils, orlandslides?
[ ] Yes[ ] No[ ] Don't knowD. Is the property in a designated floodplain?
[ ] Yes[ ] No[ ] Don't knowE. Are there any substances, materials,or products on the property that may be((an)) environmental ((hazard such as,but not limited to,)) concerns, such asasbestos, formaldehyde, radon gas, leadbased paint, fuel or chemical storagetanks, ((and)) or contaminated soil orwater ((on the subject property))?
[ ] Yes[ ] No[ ] Don't knowG. Has the property ever been used asan illegal drug manufacturing site?
[ ] Yes[ ] No[ ] Don't know*H. Are there any radio towers in thearea that may cause interference withtelephone reception?
8. MANUFACTURED ANDMOBILE HOMES
If the property includes a manufacturedor mobile home,
[ ] Yes[ ] No[ ] Don't knowA. Did you make any alterations to thehome? If yes, please describe thealterations: . . . . . . . . . .
8 [ ] Yes[ ] No[ ] Don't know*B. Did any previous owner make anyalterations to the home? If yes, pleasedescribe the alterations: . . . . . . . . . .
[ ] Yes[ ] No[ ] Don't knowC. If alterations were made, werepermits or variances for these alterationsobtained?
((8.)) 9. FULL DISCLOSURE BYSELLERS
A. Other conditions or defects:
[ ] Yes[ ] No[ ] Don't knowAre there any other existing materialdefects affecting ((this)) the property((or its value)) that a prospective buyershould know about?
B. Verification:
The foregoing answers and attachedexplanations (if any) are complete andcorrect to the best of my/our knowledgeand I/we have received a copy hereof.I/we authorize all of my/our real estatelicensees, if any, to deliver a copy of thisdisclosure statement to other real estatelicensees and all prospective buyers ofthe property.
DATE SELLER SELLER
II. BUYER'S ACKNOWLEDGMENT
A.((As buyer(s), I/we acknowledge the)) Buyer herebyacknowledges that: Buyer has a duty to pay diligent attentionto any material defects ((which)) that are known to ((me/us))Buyer or can be known to ((me/us)) Buyer by utilizing diligentattention and observation.
B.((Each buyer acknowledges and understands that)) Thedisclosures set forth in this statement and in any amendmentsto this statement are made only by the Seller and not by anyreal estate licensee or other party.
C.Buyer acknowledges that, pursuant to RCW 64.06.050(2), realestate licensees are not liable for inaccurate informationprovided by Seller, except to the extent that real estatelicensees know of such inaccurate information.
D.This information is for disclosure only and is not intended tobe a part of the written agreement between the Buyer andSeller.
E.Buyer (which term includes all persons signing the "Buyer'sacceptance" portion of this disclosure statement below)((hereby acknowledges receipt of)) has received a copy of thisDisclosure Statement (including attachments, if any) bearingSeller's signature.
9 DISCLOSURES CONTAINED IN THIS ((FORM)) DISCLOSURE STATEMENT AREPROVIDED BY ((THE)) SELLER BASED ON ((THE BASIS OF)) SELLER'S ACTUALKNOWLEDGE OF THE PROPERTY AT THE TIME ((OF DISCLOSURE. YOU, THEBUYER,)) SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER ANDSELLER OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESSDAYS((, UNLESS OTHERWISE AGREED, FROM THE SELLER'S DELIVERY OF THISSELLER'S)) FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THISDISCLOSURE STATEMENT TO RESCIND ((YOUR)) THE AGREEMENT BY DELIVERING((YOUR SEPARATE SIGNED)) A SEPARATELY SIGNED WRITTEN STATEMENT OFRESCISSION TO ((THE)) SELLER ((UNLESS YOU WAIVE THIS RIGHT OFRESCISSION)) OR SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU ACOMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCINDPRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT.BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS ((REAL PROPERTYTRANSFER)) DISCLOSURE STATEMENT AND ACKNOWLEDGES THAT THE DISCLOSURESMADE HEREIN ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATELICENSEE OR OTHER PARTY.DATE ....... BUYER ......... BUYER (2) If the disclosure statement is being completed for newconstruction which has never been occupied, the disclosure statement isnot required to contain and the seller is not required to complete thequestions listed in item 4. Structural or item 5. Systems andFixtures. (3) The ((real property transfer)) seller disclosure statementshall be for disclosure only, and shall not be considered part of anywritten agreement between the buyer and seller of residential ((real))property. The ((real property transfer)) seller disclosure statementshall be only a disclosure made by the seller, and not any real estatelicensee involved in the transaction, and shall not be construed as awarranty of any kind by the seller or any real estate licensee involvedin the transaction. 10 SHB 1634S COMM AMDBy Committee on Financial Services, Insurance & HousingADOPTED 04/15/2003 On page 1, line 2 of the title, after statement; strike theremainder of the title and insert and amending RCW 64.06.020.--- END --- 11