BILL REQ. #:  S-3933.1 



_____________________________________________ 

SENATE BILL 6267
_____________________________________________
State of Washington59th Legislature2006 Regular Session

By Senator Kastama

Read first time 01/10/2006.   Referred to Committee on Government Operations & Elections.



     AN ACT Relating to information regarding certain public facilities and services; amending RCW 36.70A.070 and 64.06.020; and adding a new section to chapter 64.06 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 36.70A.070 and 2005 c 360 s 2 are each amended to read as follows:
     The comprehensive plan of a county or city that is required or chooses to plan under RCW 36.70A.040 shall consist of a map or maps, and descriptive text covering objectives, principles, and standards used to develop the comprehensive plan. The plan shall be an internally consistent document and all elements shall be consistent with the future land use map. A comprehensive plan shall be adopted and amended with public participation as provided in RCW 36.70A.140.
     Each comprehensive plan shall include a plan, scheme, or design for each of the following:
     (1) A land use element designating the proposed general distribution and general location and extent of the uses of land, where appropriate, for agriculture, timber production, housing, commerce, industry, recreation, open spaces, general aviation airports, public utilities, public facilities, and other land uses. The land use element shall include population densities, building intensities, and estimates of future population growth. The land use element shall provide for protection of the quality and quantity of ground water used for public water supplies. Wherever possible, the land use element should consider utilizing urban planning approaches that promote physical activity. Where applicable, the land use element shall review drainage, flooding, and storm water run-off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound. For all lands designated for residential use, the land use element shall include the response time for law enforcement services and the existing levels of service for public school facilities.
     (2) A housing element ensuring the vitality and character of established residential neighborhoods that: (a) Includes an inventory and analysis of existing and projected housing needs that identifies the number of housing units necessary to manage projected growth; (b) includes a statement of goals, policies, objectives, and mandatory provisions for the preservation, improvement, and development of housing, including single-family residences; (c) identifies sufficient land for housing, including, but not limited to, government-assisted housing, housing for low-income families, manufactured housing, multifamily housing, and group homes and foster care facilities; and (d) makes adequate provisions for existing and projected needs of all economic segments of the community.
     (3) A capital facilities plan element consisting of: (a) An inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities; (b) a forecast of the future needs for such capital facilities; (c) the proposed locations and capacities of expanded or new capital facilities; (d) at least a six-year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes; and (e) a requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan element are coordinated and consistent. Park and recreation facilities shall be included in the capital facilities plan element.
     (4) A utilities element consisting of the general location, proposed location, and capacity of all existing and proposed utilities, including, but not limited to, electrical lines, telecommunication lines, and natural gas lines.
     (5) Rural element. Counties shall include a rural element including lands that are not designated for urban growth, agriculture, forest, or mineral resources. The following provisions shall apply to the rural element:
     (a) Growth management act goals and local circumstances. Because circumstances vary from county to county, in establishing patterns of rural densities and uses, a county may consider local circumstances, but shall develop a written record explaining how the rural element harmonizes the planning goals in RCW 36.70A.020 and meets the requirements of this chapter.
     (b) Rural development. The rural element shall permit rural development, forestry, and agriculture in rural areas. The rural element shall provide for a variety of rural densities, uses, essential public facilities, and rural governmental services needed to serve the permitted densities and uses. To achieve a variety of rural densities and uses, counties may provide for clustering, density transfer, design guidelines, conservation easements, and other innovative techniques that will accommodate appropriate rural densities and uses that are not characterized by urban growth and that are consistent with rural character.
     (c) Measures governing rural development. The rural element shall include measures that apply to rural development and protect the rural character of the area, as established by the county, by:
     (i) Containing or otherwise controlling rural development;
     (ii) Assuring visual compatibility of rural development with the surrounding rural area;
     (iii) Reducing the inappropriate conversion of undeveloped land into sprawling, low-density development in the rural area;
     (iv) Protecting critical areas, as provided in RCW 36.70A.060, and surface water and ground water resources; and
     (v) Protecting against conflicts with the use of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170.
     (d) Limited areas of more intensive rural development. Subject to the requirements of this subsection and except as otherwise specifically provided in this subsection (5)(d), the rural element may allow for limited areas of more intensive rural development, including necessary public facilities and public services to serve the limited area as follows:
     (i) Rural development consisting of the infill, development, or redevelopment of existing commercial, industrial, residential, or mixed-use areas, whether characterized as shoreline development, villages, hamlets, rural activity centers, or crossroads developments.
     (A) A commercial, industrial, residential, shoreline, or mixed-use area shall be subject to the requirements of (d)(iv) of this subsection, but shall not be subject to the requirements of (c)(ii) and (iii) of this subsection.
     (B) Any development or redevelopment other than an industrial area or an industrial use within a mixed-use area or an industrial area under this subsection (5)(d)(i) must be principally designed to serve the existing and projected rural population.
     (C) Any development or redevelopment in terms of building size, scale, use, or intensity shall be consistent with the character of the existing areas. Development and redevelopment may include changes in use from vacant land or a previously existing use so long as the new use conforms to the requirements of this subsection (5);
     (ii) The intensification of development on lots containing, or new development of, small-scale recreational or tourist uses, including commercial facilities to serve those recreational or tourist uses, that rely on a rural location and setting, but that do not include new residential development. A small-scale recreation or tourist use is not required to be principally designed to serve the existing and projected rural population. Public services and public facilities shall be limited to those necessary to serve the recreation or tourist use and shall be provided in a manner that does not permit low-density sprawl;
     (iii) The intensification of development on lots containing isolated nonresidential uses or new development of isolated cottage industries and isolated small-scale businesses that are not principally designed to serve the existing and projected rural population and nonresidential uses, but do provide job opportunities for rural residents. Rural counties may allow the expansion of small-scale businesses as long as those small-scale businesses conform with the rural character of the area as defined by the local government according to RCW 36.70A.030(((14))) (15). Rural counties may also allow new small-scale businesses to utilize a site previously occupied by an existing business as long as the new small-scale business conforms to the rural character of the area as defined by the local government according to RCW 36.70A.030(((14))) (15). Public services and public facilities shall be limited to those necessary to serve the isolated nonresidential use and shall be provided in a manner that does not permit low-density sprawl;
     (iv) A county shall adopt measures to minimize and contain the existing areas or uses of more intensive rural development, as appropriate, authorized under this subsection. Lands included in such existing areas or uses shall not extend beyond the logical outer boundary of the existing area or use, thereby allowing a new pattern of low-density sprawl. Existing areas are those that are clearly identifiable and contained and where there is a logical boundary delineated predominately by the built environment, but that may also include undeveloped lands if limited as provided in this subsection. The county shall establish the logical outer boundary of an area of more intensive rural development. In establishing the logical outer boundary the county shall address (A) the need to preserve the character of existing natural neighborhoods and communities, (B) physical boundaries such as bodies of water, streets and highways, and land forms and contours, (C) the prevention of abnormally irregular boundaries, and (D) the ability to provide public facilities and public services in a manner that does not permit low-density sprawl;
     (v) For purposes of (d) of this subsection, an existing area or existing use is one that was in existence:
     (A) On July 1, 1990, in a county that was initially required to plan under all of the provisions of this chapter;
     (B) On the date the county adopted a resolution under RCW 36.70A.040(2), in a county that is planning under all of the provisions of this chapter under RCW 36.70A.040(2); or
     (C) On the date the office of financial management certifies the county's population as provided in RCW 36.70A.040(5), in a county that is planning under all of the provisions of this chapter pursuant to RCW 36.70A.040(5).
     (e) Exception. This subsection shall not be interpreted to permit in the rural area a major industrial development or a master planned resort unless otherwise specifically permitted under RCW 36.70A.360 and 36.70A.365.
     (6) A transportation element that implements, and is consistent with, the land use element.
     (a) The transportation element shall include the following subelements:
     (i) Land use assumptions used in estimating travel;
     (ii) Estimated traffic impacts to state-owned transportation facilities resulting from land use assumptions to assist the department of transportation in monitoring the performance of state facilities, to plan improvements for the facilities, and to assess the impact of land-use decisions on state-owned transportation facilities;
     (iii) Facilities and services needs, including:
     (A) An inventory of air, water, and ground transportation facilities and services, including transit alignments and general aviation airport facilities, to define existing capital facilities and travel levels as a basis for future planning. This inventory must include state-owned transportation facilities within the city or county's jurisdictional boundaries;
     (B) Level of service standards for all locally owned arterials and transit routes to serve as a gauge to judge performance of the system. These standards should be regionally coordinated;
     (C) For state-owned transportation facilities, level of service standards for highways, as prescribed in chapters 47.06 and 47.80 RCW, to gauge the performance of the system. The purposes of reflecting level of service standards for state highways in the local comprehensive plan are to monitor the performance of the system, to evaluate improvement strategies, and to facilitate coordination between the county's or city's six-year street, road, or transit program and the department of transportation's six-year investment program. The concurrency requirements of (b) of this subsection do not apply to transportation facilities and services of statewide significance except for counties consisting of islands whose only connection to the mainland are state highways or ferry routes. In these island counties, state highways and ferry route capacity must be a factor in meeting the concurrency requirements in (b) of this subsection;
     (D) Specific actions and requirements for bringing into compliance locally owned transportation facilities or services that are below an established level of service standard;
     (E) Forecasts of traffic for at least ten years based on the adopted land use plan to provide information on the location, timing, and capacity needs of future growth;
     (F) Identification of state and local system needs to meet current and future demands. Identified needs on state-owned transportation facilities must be consistent with the statewide multimodal transportation plan required under chapter 47.06 RCW;
     (iv) Finance, including:
     (A) An analysis of funding capability to judge needs against probable funding resources;
     (B) A multiyear financing plan based on the needs identified in the comprehensive plan, the appropriate parts of which shall serve as the basis for the six-year street, road, or transit program required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems. The multiyear financing plan should be coordinated with the ((six-year)) ten-year improvement program developed by the department of transportation as required by RCW 47.05.030;
     (C) If probable funding falls short of meeting identified needs, a discussion of how additional funding will be raised, or how land use assumptions will be reassessed to ensure that level of service standards will be met;
     (v) Intergovernmental coordination efforts, including an assessment of the impacts of the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions;
     (vi) Demand-management strategies;
     (vii) Pedestrian and bicycle component to include collaborative efforts to identify and designate planned improvements for pedestrian and bicycle facilities and corridors that address and encourage enhanced community access and promote healthy lifestyles.
     (b) After adoption of the comprehensive plan by jurisdictions required to plan or who choose to plan under RCW 36.70A.040, local jurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a locally owned transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. These strategies may include increased public transportation service, ride sharing programs, demand management, and other transportation systems management strategies. For the purposes of this subsection (6) "concurrent with the development" shall mean that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years.
     (c) The transportation element described in this subsection (6), and the six-year plans required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems, and the ten-year plan required by RCW 47.05.030 for the state, must be consistent.
     (7) An economic development element establishing local goals, policies, objectives, and provisions for economic growth and vitality and a high quality of life. The element shall include: (a) A summary of the local economy such as population, employment, payroll, sectors, businesses, sales, and other information as appropriate; (b) a summary of the strengths and weaknesses of the local economy defined as the commercial and industrial sectors and supporting factors such as land use, transportation, utilities, education, work force, housing, and natural/cultural resources; and (c) an identification of policies, programs, and projects to foster economic growth and development and to address future needs. A city that has chosen to be a residential community is exempt from the economic development element requirement of this subsection.
     (8) A park and recreation element that implements, and is consistent with, the capital facilities plan element as it relates to park and recreation facilities. The element shall include: (a) Estimates of park and recreation demand for at least a ten-year period; (b) an evaluation of facilities and service needs; and (c) an evaluation of intergovernmental coordination opportunities to provide regional approaches for meeting park and recreational demand.
     (9) It is the intent that new or amended elements required after January 1, 2002, be adopted concurrent with the scheduled update provided in RCW 36.70A.130. Requirements to incorporate any such new or amended elements shall be null and void until funds sufficient to cover applicable local government costs are appropriated and distributed by the state at least two years before local government must update comprehensive plans as required in RCW 36.70A.130.

Sec. 2   RCW 64.06.020 and 2004 c 114 s 1 are each amended to read as follows:
     (1) In a transaction for the sale of residential property, the seller shall, unless the buyer has expressly waived the right to receive the disclosure statement, or unless the transfer is exempt under RCW 64.06.010, deliver to the buyer a completed seller disclosure statement in the following format and that contains, at a minimum, the following information:

INSTRUCTIONS TO THE SELLER
Please complete the following form. Do not leave any spaces blank. If the question clearly does not apply to the property write "NA". If the answer is "yes" to any * items, please explain on attached sheets. Please refer to the line number(s) of the question(s) when you provide your explanation(s). For your protection you must date and sign each page of this disclosure statement and each attachment. Delivery of the disclosure statement must occur not later than five business days, unless otherwise agreed, after mutual acceptance of a written contract to purchase between a buyer and a seller.


     NOTICE TO THE BUYER

THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITION OF THE PROPERTY LOCATED AT . . . . . . . . . . . .
("THE PROPERTY"), OR AS LEGALLY DESCRIBED ON ATTACHED EXHIBIT A.

SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU AND SELLER OTHERWISE AGREE IN WRITING, YOU HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT.

THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN AGREEMENT BETWEEN BUYER AND SELLER.

FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL PEST INSPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION, DEFECTS OR WARRANTIES.

Seller . . . . is/ . . . . is not occupying the property.

 
I. SELLER'S DISCLOSURES:

*If you answer "Yes" to a question with an asterisk (*), please explain your answer and attach documents, if available and not otherwise publicly recorded. If necessary, use an attached sheet.
 
1. TITLE
[ ] Yes[ ] No[ ] Don't knowA. Do you have legal authority to sell the property? If no, please explain.
[ ] Yes[ ] No[ ] Don't know*B. Is title to the property subject to any of the following?
 (1) First right of refusal
 (2) Option
 (3) Lease or rental agreement
 (4) Life estate?
[ ] Yes[ ] No[ ] Don't know*C. Are there any encroachments, boundary agreements, or boundary disputes?
[ ] Yes[ ] No[ ] Don't know*D. Are there any rights of way, easements, or access limitations that may affect the Buyer's use of the property?
[ ] Yes[ ] No[ ] Don't know*E. Are there any written agreements for joint maintenance of an easement or right of way?
[ ] Yes[ ] No[ ] Don't know*F. Is there any study, survey project, or notice that would adversely affect the property?
[ ] Yes[ ] No[ ] Don't know*G. Are there any pending or existing assessments against the property?
[ ] Yes[ ] No[ ] Don't know*H. Are there any zoning violations, nonconforming uses, or any unusual restrictions on the property that would affect future construction or remodeling?
[ ] Yes[ ] No[ ] Don't know*I. Is there a boundary survey for the property?
[ ] Yes[ ] No[ ] Don't know*J. Are there any covenants, conditions, or restrictions which affect the property?
 
2. WATER
 A. Household Water
 (1) The source of water for the property is:
[ ] Private or publicly owned water system
[ ] Private well serving only the subject property . . . . . .
*[ ] Other water system
[ ] Yes[ ] No[ ] Don't know*If shared, are there any written agreements?
[ ] Yes[ ] No[ ] Don't know *(2) Is there an easement (recorded or unrecorded) for access to and/or maintenance of the water source?
[ ] Yes[ ] No[ ] Don't know *(3) Are there any known problems or repairs needed?
[ ] Yes[ ] No[ ] Don't know (4) During your ownership, has the source provided an adequate year round supply of potable water? If no, please explain.
[ ] Yes[ ] No[ ] Don't know *(5) Are there any water treatment systems for the property? If yes, are they [ ]Leased [ ]Owned
 B. Irrigation
[ ] Yes[ ] No[ ] Don't know (1) Are there any water rights for the property, such as a water right, permit, certificate, or claim?
[ ] Yes[ ] No[ ] Don't know  *(a) If yes, have the water rights been used during the last five years?
[ ] Yes[ ] No[ ] Don't know  *(b) If so, is the certificate available?
 C. Outdoor Sprinkler System
[ ] Yes[ ] No[ ] Don't know (1) Is there an outdoor sprinkler system for the property?
[ ] Yes[ ] No[ ] Don't know (2) If yes, are there any defects in the system? . . . . . .
[ ] Yes[ ] No[ ] Don't know *(3) If yes, is the sprinkler system connected to irrigation water?
 
3. SEWER/ON-SITE SEWAGE SYSTEM
 A. The property is served by: [ ] Public sewer system, [ ] On-site sewage system (including pipes, tanks, drainfields, and all other component parts) [ ] Other disposal system, please describe:
  . . . . . . . . . . . .
[ ] Yes[ ] No[ ] Don't knowB. If public sewer system service is available to the property, is the house connected to the sewer main? If no, please explain.
  . . . . . . . . . . . .
[ ] Yes[ ] No[ ] Don't knowC. Is the property subject to any sewage system fees or charges in addition to those covered in your regularly billed sewer or on-site sewage system maintenance service?
   D. If the property is connected to an on-site sewage system:
[ ] Yes[ ] No[ ] Don't know *(1) Was a permit issued for its construction, and was it approved by the local health department or district following its construction?
 (2) When was it last pumped:
  . . . . . . . . . . . . . . .
[ ] Yes[ ] No[ ] Don't know *(3) Are there any defects in the operation of the on-site sewage system?
 [ ] Don't know (4) When was it last inspected?
  . . . . . . . . . . . . . . .
 By Whom: . . . . . . . . . . . .
 [ ] Don't know (5) For how many bedrooms was the on-site sewage system approved ?
  . . . . . . . . . . . . bedrooms
[ ] Yes[ ] No[ ] Don't know E. Are all plumbing fixtures, including laundry drain, connected to the sewer/on-site sewage system? If no, please explain: . . . . . . . . . . . .
[ ] Yes[ ] No[ ] Don't know*F. Have there been any changes or repairs to the on-site sewage system?
[ ] Yes[ ] No[ ] Don't knowG. Is the on-site sewage system, including the drainfield, located entirely within the boundaries of the property? If no, please explain.
. . . . . . . . . . . .
[ ] Yes[ ] No[ ] Don't knowH. Does the on-site sewage system require monitoring and maintenance services more frequently than once a year? If yes, please explain.
. . . . . . . . . . . .
NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE STATEMENT IS BEING COMPLETED FOR NEW CONSTRUCTION WHICH HAS NEVER BEEN OCCUPIED, THE SELLER IS NOT REQUIRED TO COMPLETE THE QUESTIONS LISTED IN ITEM 4. STRUCTURAL OR ITEM 5. SYSTEMS AND FIXTURES
 
4. STRUCTURAL
[ ] Yes[ ] No[ ] Don't know*A. Has the roof leaked?
[ ] Yes[ ] No[ ] Don't know*B. Has the basement flooded or leaked?
[ ] Yes[ ] No[ ] Don't know*C. Have there been any conversions, additions, or remodeling?
[ ] Yes[ ] No[ ] Don't know *(1) If yes, were all building permits obtained?
[ ] Yes[ ] No[ ] Don't know *(2) If yes, were all final inspections obtained?
[ ] Yes[ ] No[ ] Don't knowD. Do you know the age of the house? If yes, year of original construction:
  . . . . . . . . . . . .
[ ] Yes[ ] No[ ] Don't know*E. Has there been any settling, slippage, or sliding of the property or its improvements?
[ ] Yes[ ] No[ ] Don't know*F. Are there any defects with the following: (If yes, please check applicable items and explain.)
 
□ 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
 
[ ] Yes[ ] No[ ] Don't know*G. Was a structural pest or "whole house" inspection done? If yes, when and by whom was the inspection completed? . . . . . . . . . . . .
[ ] Yes[ ] No[ ] Don't knowH. During your ownership, has the property had any wood destroying organism 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
  *A. If any of the following systems or fixtures are included with the transfer, are there any defects? If yes, please explain.
[ ] Yes[ ] No[ ] Don't know  Electrical system, including wiring, switches, outlets, and service
[ ] Yes[ ] No[ ] Don't know  Plumbing system, including pipes, faucets, fixtures, and toilets
[ ] Yes[ ] No[ ] Don't know  Hot water tank
[ ] Yes[ ] No[ ] Don't know  Garbage disposal
[ ] Yes[ ] No[ ] Don't know  Appliances
[ ] Yes[ ] No[ ] Don't know  Sump pump
[ ] Yes[ ] No[ ] Don't know  Heating and cooling systems
[ ] Yes[ ] No[ ] Don't know  Security system
[ ] Owned [ ] Leased
     Other . . . . . . . . . . . .
    *B. If any of the following fixtures or property is included with the transfer, are they leased? (If yes, please attach copy of lease.)
[ ] Yes[ ] No[ ] Don't know Security system . . . . . .
[ ] Yes[ ] No[ ] Don't know Tanks (type): . . . . . .
[ ] Yes[ ] No[ ] Don't know Satellite dish . . . . . .
Other: . . . . . .
 
6. COMMON INTERESTS
[ ] Yes[ ] No[ ] Don't knowA. Is there a Home Owners' Association? Name of Association
. . . . . . . . . . . .
[ ] Yes[ ] No[ ] Don't knowB. Are there regular periodic assessments:
 $. . . per [ ] Month [ ] Year
[ ] Other . . . . . . . . . . . .
[ ] Yes[ ] No[ ] Don't know*C. Are there any pending special assessments?
[ ] Yes[ ] No[ ] Don't know*D. Are there any shared "common areas" or any joint maintenance agreements (facilities such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas co-owned in undivided interest with others)?
 
7. GENERAL
[ ] Yes[ ] No[ ] Don't know*A. Have there been any drainage problems on the property?
[ ] Yes[ ] No[ ] Don't know*B. Does the property contain fill material?
[ ] Yes[ ] No[ ] Don't know*C. Is there any material damage to the property from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides?
[ ] Yes[ ] No[ ] Don't knowD. Is the property in a designated flood plain?
[ ] Yes[ ] No[ ] Don't know*E. Are there any substances, materials, or products on the property that may be environmental concerns, such as asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, or contaminated soil or water ?
[ ] Yes[ ] No[ ] Don't know*G [*F]. Has the property ever been used as an illegal drug manufacturing site?
[ ] Yes[ ] No[ ] Don't know*H [*G]. Are there any radio towers in the area that may cause interference with telephone reception?
   8. MANUFACTURED AND MOBILE HOMES
   If the property includes a manufactured or mobile home,
[ ] Yes[ ] No[ ] Don't know*A. Did you make any alterations to the home? If yes, please describe the alterations: . . . . . . . . . .
[ ] Yes[ ] No[ ] Don't know*B. Did any previous owner make any alterations to the home? If yes, please describe the alterations: . . . . . . . . . .
[ ] Yes[ ] No[ ] Don't know*C. If alterations were made, were permits or variances for these alterations obtained?
 
9. FULL DISCLOSURE BY SELLERS
 A. Other conditions or defects:
[ ] Yes[ ] No[ ] Don't know*Are there any other existing material defects affecting the property that a prospective buyer should know about?
 B. Verification:
 The foregoing answers and attached explanations (if any) are complete and correct to the best of my/our knowledge and I/we have received a copy hereof. I/we authorize all of my/our real estate licensees, if any, to deliver a copy of this disclosure statement to other real estate licensees and all prospective buyers of the property.
 10. PUBLIC FACILITIES AND SERVICES
 Law enforcement. As included in the land use element of the [name of jurisdiction] comprehensive plan, [citation to local code section], the emergency response time is . . . . . . .
 Transportation. As included in the transportation element of the [name of jurisdiction] comprehensive plan, [citation to local code section], the existing level of service for locally owned arterials is . . . . . . , for transit routes is . . . . . . , and for state highways is . . . . . . .
 Public schools. As included in the land use element of the [name of jurisdiction] comprehensive plan, [citation to local code section], the existing level of service is . . . . . . for the elementary school and . . . . . . for the high school.

DATE . . . . . . . . . . . .

SELLER . . . . . . . . . . . .

SELLER . . . . . . . . . . . .
NOTICE TO THE BUYER
INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY
BE OBTAINED FROM LOCAL LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS.
 
II. BUYER'S ACKNOWLEDGMENT
 A. Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to any material defects that are known to Buyer or can be known to Buyer by utilizing diligent attention and observation.
 B. The disclosures set forth in this statement and in any amendments to this statement are made only by the Seller and not by any real estate licensee or other party.
 C.Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are not liable for inaccurate information provided by Seller, except to the extent that real estate licensees know of such inaccurate information.
 D.This information is for disclosure only and is not intended to be a part of the written agreement between the Buyer and Seller.
 E.Buyer (which term includes all persons signing the "Buyer's acceptance" portion of this disclosure statement below) has received a copy of this Disclosure Statement (including attachments, if any) bearing Seller's signature.

DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT.
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY.
DATE . . . . . . . BUYER . . . . . . . . . BUYER . . . . . . . . . . . .

     (2) If the disclosure statement is being completed for new construction which has never been occupied, the disclosure statement is not required to contain and the seller is not required to complete the questions listed in item 4. Structural or item 5. Systems and Fixtures.
     (3) The seller disclosure statement shall be for disclosure only, and shall not be considered part of any written agreement between the buyer and seller of residential property. The seller disclosure statement shall be only a disclosure made by the seller, and not any real estate licensee involved in the transaction, and shall not be construed as a warranty of any kind by the seller or any real estate licensee involved in the transaction.

NEW SECTION.  Sec. 3   A new section is added to chapter 64.06 RCW to read as follows:
     The notice regarding public facilities and services under RCW 64.06.020 is not a warranty of any kind by the seller or any agent representing any principal. The information provided in the notice is not part of any contract between the buyer and seller.

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