SHB 1420 -
By Senators Fraser, Honeyford, Berkey, Holmquist, Benton
ADOPTED 04/22/2009
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 64.06.005 and 2007 c 107 s 2 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Improved residential real property" means:
(a) Real property consisting of, or improved by, one to four
residential dwelling units;
(b) A residential condominium as defined in RCW 64.34.020(9),
unless the sale is subject to the public offering statement requirement
in the Washington condominium act, chapter 64.34 RCW;
(c) A residential timeshare, as defined in RCW 64.36.010(11),
unless subject to written disclosure under the Washington timeshare
act, chapter 64.36 RCW; or
(d) A mobile or manufactured home, as defined in RCW 43.22.335 or
46.04.302, that is personal property.
(2) "Residential real property" means both improved and unimproved
residential real property.
(3) "Seller disclosure statement" means the form to be completed by
the seller of residential real property as prescribed by this chapter.
(4) "Unimproved residential real property" means property zoned for
residential use that is not improved by residential dwelling units, a
residential condominium, a residential timeshare, or a mobile or
manufactured home. It does not include property defined as "timber
land" under RCW 84.34.020.
Sec. 2 RCW 64.06.015 and 2007 c 107 s 5 are each amended to read
as follows:
(1) In a transaction for the sale of unimproved residential real
property, the seller shall, unless the buyer has expressly waived the
right to receive the disclosure statement under RCW 64.06.010, or
unless the transfer is otherwise 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.
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 know | A. 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. Is there a private road or easement agreement for access to the property? | |||
[ ] Yes | [ ] No | [ ] Don't know | *E. Are there any rights-of-way,
easements, or access limitations that
(( | |||
[ ] Yes | [ ] No | [ ] Don't know | *F. Are there any written agreements for joint maintenance of an easement or right-of-way? | |||
[ ] Yes | [ ] No | [ ] Don't know | *G. Is there any study, survey project, or notice that would adversely affect the property? | |||
[ ] Yes | [ ] No | [ ] Don't know | *H. Are there any pending or existing assessments against the property? | |||
[ ] Yes | [ ] No | [ ] Don't know | *I. Are there any zoning violations,
nonconforming uses, or any unusual
restrictions on the property that
(( | |||
[ ] Yes | [ ] No | [ ] Don't know | *J. Is there a boundary survey for the property? | |||
[ ] Yes | [ ] No | [ ] Don't know | *K. Are there any covenants,
conditions, or restrictions (( | |||
2. WATER | ||||||
A. Household Water | ||||||
[ ] Yes | [ ] No | [ ] Don't know | (1) Does the property have potable water supply? | |||
(2) If yes, the source of water for the property is: | ||||||
[ ] Private or publicly owned water system | ||||||
[ ] Private well serving only the property | ||||||
*[ ] Other water system | ||||||
[ ] Yes | [ ] No | [ ] Don't know | *If shared, are there any written agreements? | |||
[ ] Yes | [ ] No | [ ] Don't know | *(3) Is there an easement (recorded or unrecorded) for access to and/or maintenance of the water source? | |||
[ ] Yes | [ ] No | [ ] Don't know | *(4) Are there any (( | |||
[ ] Yes | [ ] No | [ ] Don't know | (5) Is there a connection or hook-up charge payable before the property can be connected to the water main? | |||
[ ] Yes | [ ] No | [ ] Don't know | (6) Have you obtained a certificate of water availability from the water purveyor serving the property? (If yes, please attach a copy.) | |||
[ ] Yes | [ ] No | [ ] Don't know | (7) Is there a water right permit, certificate, or claim associated with household water supply for the property? (If yes, please attach a copy.) | |||
[ ] Yes | [ ] No | [ ] Don't know | (a) If yes, has the water right permit, certificate, or claim been assigned, transferred, or changed? | |||
*(b) If yes, has all or any portion of the
water right not been used for five or
more successive years? (( | ||||||
. . . . . . . . . . . . | ||||||
[ ] Yes | [ ] No | [ ] Don't know | (c) If no or don't know, is the water withdrawn from the water source less than 5,000 gallons a day? | |||
[ ] Yes | [ ] No | [ ] Don't know | *(8) Are there any defects in the operation of the water system (e.g., pipes, tank, pump, etc.)? | |||
B. Irrigation Water | ||||||
[ ] Yes | [ ] No | [ ] Don't know | (1) Are there any irrigation water rights for the property, such as a water right permit, certificate, or claim? (If yes, please attach a copy.) | |||
[ ] Yes | [ ] No | [ ] Don't know | (a) If yes, has all or any portion of the water right not been used for five or more successive years? | |||
[ ] Yes | [ ] No | [ ] Don't know | (b) If yes, has the water right permit, certificate, or claim been assigned, transferred, or changed? | |||
[ ] Yes | [ ] No | [ ] Don't know | *(2) Does the property receive irrigation water from a ditch company, irrigation district, or other entity? If so, please identify the entity that supplies irrigation water to the property: | |||
. . . . . . . . . . . . | ||||||
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/SEPTIC 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 know | B. 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? | |||
C. If the property is connected to an on-site sewage system: | ||||||
[ ] Yes | [ ] No | [ ] Don't know | *(1) Was a permit issued for its construction? | |||
[ ] Yes | [ ] No | [ ] Don't know | *(2) Was it approved by the local health department or district following its construction? | |||
[ ] Yes | [ ] No | [ ] Don't know | (3) Is the septic system a pressurized system? | |||
[ ] Yes | [ ] No | [ ] Don't know | (4) Is the septic system a gravity system? | |||
[ ] Yes | [ ] No | [ ] Don't know | *(5) Have there been any changes or repairs to the on-site sewage system? | |||
[ ] Yes | [ ] No | [ ] Don't know | (6) 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 know | *(7) Does the on-site sewage system
require monitoring and maintenance
services more frequently than once a
year? (( | |||
. . . . . . . . . . . . | ||||||
4. ELECTRICAL/GAS | ||||||
[ ] Yes | [ ] No | [ ] Don't know | A. Is the property served by natural gas? | |||
[ ] Yes | [ ] No | [ ] Don't know | B. Is there a connection charge for gas? | |||
[ ] Yes | [ ] No | [ ] Don't know | C. Is the property served by electricity? | |||
[ ] Yes | [ ] No | [ ] Don't know | D. Is there a connection charge for electricity? | |||
[ ] Yes | [ ] No | [ ] Don't know | *E. Are there any electrical problems
on the property? (( | |||
. . . . . . . . . . . . | ||||||
5. FLOODING | ||||||
[ ] Yes | [ ] No | [ ] Don't know | A. (( | |||
6. SOIL STABILITY | ||||||
[ ] Yes | [ ] No | [ ] Don't know | *A. Are there any settlement, earth
movement, slides, or similar soil
problems on the property? (( | |||
. . . . . . . . . . . . | ||||||
7. ENVIRONMENTAL | ||||||
[ ] Yes | [ ] No | [ ] Don't know | *A. Have there been any flooding, standing water, or drainage problems on the property that affect the property or access to the property? | |||
[ ] Yes | [ ] No | [ ] Don't know | *B. Does any part of the property contain fill dirt, waste, or other 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 know | D. Are there any shorelines, wetlands, floodplains, or critical areas on the property? | |||
[ ] Yes | [ ] No | [ ] Don't know | *E. Are there any substances, materials, or products in or 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 | *F. Has the property been used for commercial or industrial purposes? | |||
[ ] Yes | [ ] No | [ ] Don't know | *G. Is there any soil or groundwater contamination? | |||
[ ] Yes | [ ] No | [ ] Don't know | *H. Are there transmission poles(( | |||
[ ] Yes | [ ] No | [ ] Don't know | *I. Has the property been used as a legal or illegal dumping site? | |||
[ ] Yes | [ ] No | [ ] Don't know | *J. Has the property been used as an illegal drug manufacturing site? | |||
[ ] Yes | [ ] No | [ ] Don't know | *K. Are there any radio towers (( | |||
8. HOMEOWNERS' ASSOCIATION/COMMON INTERESTS | ||||||
[ ] Yes | [ ] No | [ ] Don't know | A. Is there a homeowners' association? Name of association: | |||
. . . . . . . . . . . . | ||||||
[ ] Yes | [ ] No | [ ] Don't know | B. 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)? | |||
9. OTHER FACTS | ||||||
[ ] Yes | [ ] No | [ ] Don't know | *A. Are there any disagreements,
disputes, encroachments, or legal
actions concerning the property? (( | |||
. . . . . . . . . . . . | ||||||
[ ] Yes | [ ] No | [ ] Don't know | *B. Does the property have any plants
or wildlife that are designated as
species (( | |||
[ ] Yes | [ ] No | [ ] Don't know | *C. Is the property classified or
designated as forest land or open space?
(( | |||
. . . . . . . . . . . . | ||||||
[ ] Yes | [ ] No | [ ] Don't know | D. Do you have a forest management plan? If yes, attach. | |||
[ ] Yes | [ ] No | [ ] Don't know | *E. Have any development-related
permit applications been submitted to
any government agencies? (( | |||
. . . . . . . . . . . . | ||||||
If the answer to E is "yes," what is the status or outcome of those applications? | ||||||
. . . . . . . . . . . . | ||||||
10. 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. | ||||||
DATE . . . . . . . . . . . . | SELLER . . . . . . . . . . . . | SELLER . . . . . . . . . . . . | ||||
NOTICE TO 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. |
Sec. 3 RCW 64.06.020 and 2007 c 107 s 4 are each amended to read
as follows:
(1) In a transaction for the sale of improved residential real
property, the seller shall, unless the buyer has expressly waived the
right to receive the disclosure statement under RCW 64.06.010, or
unless the transfer is otherwise 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.
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 know | A. 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. Is there a private road or easement agreement for access to the property? | ||||||
[ ] Yes | [ ] No | [ ] Don't know | *E. 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 | *F. Are there any written agreements for joint maintenance of an easement or right-of-way? | ||||||
[ ] Yes | [ ] No | [ ] Don't know | *G. Is there any study, survey project, or notice that would adversely affect the property? | ||||||
[ ] Yes | [ ] No | [ ] Don't know | *H. Are there any pending or existing assessments against the property? | ||||||
[ ] Yes | [ ] No | [ ] Don't know | *I. 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 | *J. Is there a boundary survey for the property? | ||||||
[ ] Yes | [ ] No | [ ] Don't know | *K. Are there any covenants,
conditions, or restrictions (( | ||||||
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 (( | ||||||
[ ] 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 | ||||||
[ ] Yes | [ ] No | [ ] Don't know | *(6) Are there any water rights for the property associated with its domestic water supply, such as a water right permit, certificate, or claim? | ||||||
[ ] Yes | [ ] No | [ ] Don't know | (a) If yes, has the water right permit, certificate, or claim been assigned, transferred, or changed? | ||||||
*(b) If yes, has all or any portion of
the water right not been used for
five or more successive years? (( | |||||||||
[ ] Yes | [ ] No | [ ] Don't know | *(7) Are there any defects in the operation of the water system (e.g. pipes, tank, pump, etc.)? | ||||||
. . . . . . . . . . . . | |||||||||
B. Irrigation Water | |||||||||
[ ] Yes | [ ] No | [ ] Don't know | (1) Are there any irrigation water rights for the property, such as a water right permit, certificate, or claim? | ||||||
[ ] Yes | [ ] No | [ ] Don't know | *(a) If yes, has all or any portion of the water right not been used for five or more successive years? | ||||||
[ ] Yes | [ ] No | [ ] Don't know | *(b) If so, is the certificate available? (If yes, please attach a copy.) | ||||||
[ ] Yes | [ ] No | [ ] Don't know | *(c) If so, has the water right
permit, certificate, or claim been
assigned, transferred, or changed?
(( | ||||||
. . . . . . . . . . . . | |||||||||
[ ] Yes | [ ] No | [ ] Don't know | *(2) Does the property receive irrigation water from a ditch company, irrigation district, or other entity? If so, please identify the entity that supplies water to the property: | ||||||
. . . . . . . . . . . . | |||||||||
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 know | B. 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 know | *C. 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 know | G. 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 know | *H. Does the on-site sewage system
require monitoring and maintenance
services more frequently than once a
year? (( . . . . . . . . . . . . | ||||||
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 within the last five years? | ||||||
[ ] 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 know | D. 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 know | H. During your ownership, has the property had any wood destroying organism or pest infestation? | ||||||
[ ] Yes | [ ] No | [ ] Don't know | I. Is the attic insulated? | ||||||
[ ] Yes | [ ] No | [ ] Don't know | J. 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: . . . . . . | ||||||
*C. Are any of the following kinds of wood burning appliances present at the property? | |||||||||
[ ] Yes | [ ] No | [ ] Don't know | (1) Woodstove? | ||||||
[ ] Yes | [ ] No | [ ] Don't know | (2) Fireplace insert? | ||||||
[ ] Yes | [ ] No | [ ] Don't know | (3) Pellet stove? | ||||||
[ ] Yes | [ ] No | [ ] Don't know | (4) Fireplace? | ||||||
[ ] Yes | [ ] No | [ ] Don't know | If yes, are all of the (1) woodstoves or (2) fireplace inserts certified by the U.S. Environmental Protection Agency as clean burning appliances to improve air quality and public health? | ||||||
6. HOMEOWNERS' ASSOCIATION/COMMON INTERESTS | |||||||||
[ ] Yes | [ ] No | [ ] Don't know | A. Is there a Homeowners' Association? Name of Association: | ||||||
. . . . . . . . . . . . | |||||||||
[ ] Yes | [ ] No | [ ] Don't know | B. 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. ENVIRONMENTAL | |||||||||
[ ] Yes | [ ] No | [ ] Don't know | *A. Have there been any flooding, standing water, or drainage problems on the property that affect the property or access to the property? | ||||||
[ ] Yes | [ ] No | [ ] Don't know | *B. Does any part of the property contain fill dirt, waste, or other 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 know | D. Are there any shorelines, wetlands, floodplains, or critical areas on the property? | ||||||
[ ] Yes | [ ] No | [ ] Don't know | *E. Are there any substances, materials, or products in or 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 | *F. Has the property been used for commercial or industrial purposes? | ||||||
[ ] Yes | [ ] No | [ ] Don't know | *G. Is there any soil or groundwater contamination? | ||||||
[ ] Yes | [ ] No | [ ] Don't know | *H. Are there transmission poles(( | ||||||
[ ] Yes | [ ] No | [ ] Don't know | *I. Has the property been used as a legal or illegal dumping site? | ||||||
[ ] Yes | [ ] No | [ ] Don't know | *J. Has the property been used as an illegal drug manufacturing site? | ||||||
[ ] Yes | [ ] No | [ ] Don't know | *K. Are there any radio towers in the
area that (( | ||||||
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? (( | ||||||
[ ] 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. | |||||||||
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. |
Sec. 4 RCW 64.06.040 and 1996 c 301 s 4 are each amended to read
as follows:
(1) If, after the date that a seller of residential real property
completes a real property transfer disclosure statement, the seller
((becomes aware)) learns from a source other than the buyer or others
acting on the buyer's behalf such as an inspector of additional
information((,)) or an adverse change ((occurs)) which makes any of the
disclosures made inaccurate, the seller shall amend the real property
transfer disclosure statement, and deliver the amendment to the buyer.
No amendment shall be required, however, if the seller takes whatever
corrective action is necessary so that the accuracy of the disclosure
is restored, or the adverse change is corrected, at least three
business days prior to the closing date. Unless the corrective action
is completed by the seller prior to the closing date, the buyer shall
have the right to exercise one of the following two options: (a)
Approving and accepting the amendment, or (b) rescinding the agreement
of purchase and sale of the property within three business days after
receiving the amended real property transfer disclosure statement.
Acceptance or recision shall be subject to the same procedures
described in RCW 64.06.030. If the closing date provided in the
purchase and sale agreement is scheduled to occur within the three-business-day rescission period provided for in this section, the
closing date shall be extended until the expiration of the three-business-day rescission period. The buyer shall have no right of
rescission if the seller takes whatever action is necessary so that the
accuracy of the disclosure is restored at least three business days
prior to the closing date.
(2) In the event any act, occurrence, or agreement arising or
becoming known after the closing of a residential real property
transfer causes a real property transfer disclosure statement to be
inaccurate in any way, the seller of such property shall have no
obligation to amend the disclosure statement, and the buyer shall not
have the right to rescind the transaction under this chapter.
(3) If the seller in a residential real property transfer fails or
refuses to provide to the prospective buyer a real property transfer
disclosure statement as required under this chapter, the prospective
buyer's right of rescission under this section shall apply until the
earlier of three business days after receipt of the real property
transfer disclosure statement or the date the transfer has closed,
unless the buyer has otherwise waived the right of rescission in
writing. Closing is deemed to occur when the buyer has paid the
purchase price, or down payment, and the conveyance document, including
a deed or real estate contract, from the seller has been delivered and
recorded. After closing, the seller's obligation to deliver the real
property transfer disclosure statement and the buyer's rights and
remedies under this chapter shall terminate.
NEW SECTION. Sec. 5 This act applies prospectively only and not
retroactively. It applies only to sales of property that arise on or
after the effective date of this section."
SHB 1420 -
By Senators Fraser, Honeyford, Berkey, Holmquist, Benton
ADOPTED 04/22/2009
On page 1, line 1 of the title, after "disclosure;" strike the remainder of the title and insert "amending RCW 64.06.005, 64.06.015, 64.06.020, and 64.06.040; and creating a new section."