SENATE BILL REPORT
SB 6259


This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As of January 18, 2008

Title: An act relating to forest land management information.

Brief Description: Regarding forest land management information.

Sponsors: Senator Jacobsen.

Brief History:

Committee Activity: Natural Resources, Ocean & Recreation: 1/17/07


SENATE COMMITTEE ON NATURAL RESOURCES, OCEAN & RECREATION

Staff: Curt Gavigan (786-7437)

Background: Sellers of unimproved real property zoned for residential use must generally complete a seller disclosure statement. If the seller fails to provide the required disclosure, the buyer may rescind the offer until the transfer has closed. If the disclosure statement is delivered late, the buyer's right to rescind expires three days after the receipt of the statement.

This disclosure form is specified in statute. The seller must check "yes", "no", or "don't know" in response to questions and may be required to explain some answers. The disclosures are broken down into such categories as water, sewer/septic systems, electrical/gas service and connections, flooding, soil stability, and environmental.

The category titled "other facts" contains two specific inquiries relating to forestland. Sellers must disclose whether property is classified as forestland or open space and, if so, specify which. Sellers must also disclose whether they have a forest management plan and, if so, attach the plan.

Summary of Bill: In addition to unimproved real property zoned for residential use, the term "unimproved residential real property" also includes unimproved real property that is zoned to allow at least one homesite. Thus, sellers of such property must generally complete a seller disclosure statement.

Sellers of unimproved residential real property classified as forestland or open space timberland must disclose where information on the management history of the forestland may be obtained.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: OTHER: The seller disclosure law is intended to make sure buyers are aware of issues concerning their property. The focus of the disclosures is on matters within the knowledge of the buyer, and related to the property itself. Last year, legislation extended the disclosure requirement to unimproved property zoned for residential use. This bill could impose these requirements on property outside of those traditionally thought of as residential, since almost any zoning class can have at least some residential use. The bill could be more narrowly tailored to focus on those buying forestland for residential use.

Persons Testifying: OTHER: Bill Clarke, Washington Realtors; Kristen Sawin, Weyerhaeuser.