S-1570

AN ACT Relating to accurate seller's real estate disclosures concerning title, water, sewer or septic, and structural or physical condition; and amending RCW 64.06.020.

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

Sec. 1. RCW 64.06.020 and 1996 c 301 s 2 are each amended to read as follows:

(1) In a transaction for the sale of residential real 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 real property transfer 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 THE SELLER(S), CONCERNING 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 THE BASIS OF SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME THIS DISCLOSURE FORM IS COMPLETED BY THE SELLER. YOU HAVE THREE BUSINESS DAYS, UNLESS OTHERWISE AGREED, FROM THE SELLER'S DELIVERY OF THIS SELLER'S DISCLOSURE STATEMENT TO RESCIND YOUR AGREEMENT BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF RESCISSION TO THE SELLER, UNLESS YOU WAIVE THIS RIGHT AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT. THE FOLLOWING ARE DISCLOSURES MADE BY THE 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 THE BUYER AND THE SELLER.

FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF A QUALIFIED SPECIALIST TO INSPECT THE PROPERTY ON YOUR BEHALF, FOR EXAMPLE, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, OR PEST AND DRY ROT INSPECTORS. THE PROSPECTIVE BUYER AND THE OWNER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR 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 "Yes" attach a copy or explain. If necessary use an attached sheet.

1. TITLE

[ ]Yes [ ]No [ ]Don't knowA. Do you have legal authority to sell the property?

[ ]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 owner'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, unrecorded liens against the property, or written financial agreements that could result in a debt payable by the buyer?

[ ]Yes [ ]No [ ]Don't know*H. Are there any zoning violations, nonconforming uses, or any unusual restrictions on the subject 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 the water is ((~~[ ]Public [ ]Community [ ]Private [ ]Shared~~))

[ ] Private well serving only the subject property

[ ] Small water system with two to fourteen connections (state/locally regulated)

[ ] Water system with fifteen or more connections (federally/state regulated)

[ ] Don't know What is the name and phone number of the current water system owner or your contact person there?

...................................

(2) Water source information:

[ ]Yes [ ]No [ ]Don't know *a. Are there any written agreements for shared water source?

[ ]Yes [ ]No [ ]Don't know *b. Is there an easement (recorded or unrecorded) for access to and/or maintenance of the water source?

[ ]Yes [ ]No [ ]Don't know *c. Are any known problems or repairs needed?

[ ]Yes [ ]No [ ]Don't know *d. Does the source provide an adequate year round supply of potable water?

[ ]Yes [ ]No [ ]Don't know *(3) Are there any water treatment systems for the property? [ ]Leased [ ]Owned

(4) Water quality information:

[ ]Yes [ ]No [ ]Don't know *a. Since assuming ownership of your property, have you experienced or been notified of any water quality problems?

*b. If the source is a private well, when was it last tested for water quality?. . . . (Year). . .

B. Irrigation

[ ]Yes [ ]No [ ]Don't know (1) Are there any water rights for the property?

[ ]Yes [ ]No [ ]Don't know *(2) If they exist, to your knowledge, have the water rights been used during the last five-year period?

[ ]Yes [ ]No [ ]Don't know *(3) 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) Are there any defects in the outdoor sprinkler system?

3. SEWER/SEPTIC SYSTEM

A. The property is served by: [ ]Public sewer main, [ ]Septic tank system [ ]Other disposal system (describe)

...................................

[ ]Yes [ ]No [ ]Don't knowB. If the property is served by a public or community sewer main, is the house connected to the main?

[ ]Yes [ ]No [ ]Don't know*C. Is the property ((~~currently~~)) subject to ((~~a sewer capacity charge~~)) any additional sewer fees or charges, over and above those covered in your regularly billed statement?

D. If the property is connected to a septic system:

[ ]Yes [ ]No [ ]Don't know (1) Was a permit issued for its construction, and was it approved by the city or county following its construction?

(2) When was it last pumped:

...................... , 19. . .

[ ]Yes [ ]No [ ]Don't know *(3) Are there any defects in the operation of the septic system?

[ ]Don't know (4) When was it last inspected?

...................... , 19. . .

By Whom: ......................

[ ]Don't know (5) How many bedrooms was the system approved for?

....................... bedrooms

[ ]Yes [ ]No [ ]Don't know *E. Do all plumbing fixtures, including laundry drain, go to the septic/sewer system? If no, explain: ......

[ ]Yes [ ]No [ ]Don't know *F. Are you aware of any changes or repairs to the septic system?

[ ]Yes [ ]No [ ]Don't know G. Is the septic tank system, including the drainfield, located entirely within the boundaries of the property?

4. STRUCTURAL

[ ]Yes [ ]No [ ]Don't know *A. Has the roof leaked?

[ ]Yes [ ]No [ ]Don't know If yes, has it been repaired?

[ ]Yes [ ]No [ ]Don't know *B. Have there been any conversions, additions, or remodeling? If yes, answer the following:

[ ]Yes [ ]No [ ]Don't know *1. ((~~If yes,~~)) Were all required building permits obtained?

[ ]Yes [ ]No [ ]Don't know *2. ((~~If yes,~~)) Were all required final inspections obtained?

[ ]Yes [ ]No [ ]Don't know *3. Have all contractors, subcontractors, suppliers, and laborers been paid?

[ ]Yes [ ]No [ ]Don't know C. Do you know the age of the house? If yes, year of original construction:

...............................

[ ]Yes [ ]No [ ]Don't know *D. Do you know of any settling, slippage, or sliding of either the house or other structures/improvements located on the property? If yes, explain:

...............................

[ ]Yes [ ]No [ ]Don't know *E. Do you know of any defects with the following: (Please check applicable items)

G Foundations G Decks G Exterior Walls

G Chimneys G Interior Walls G Fire Alarm

G Doors G Windows G Patio

G Ceilings G Slab Floors G Driveways

G Pools G Hot Tub G Sauna

G Sidewalks G Outbuildings G Fireplaces

G Garage Floors G Walkways

G Other G Wood Stoves

[ ]Yes [ ]No [ ]Don't know *F. Was a pest or dry rot, structural or "whole house" inspection done? When and by whom was the inspection completed?

[ ]Yes [ ]No [ ]Don't know *G. Since assuming ownership, has your property had a problem with wood destroying organisms and/or have there been any problems with pest control, infestations, or vermin?

5. SYSTEMS AND FIXTURES

If the following systems or fixtures are included with the transfer, do they have any existing defects:

[ ]Yes [ ]No [ ]Don't know *A. Electrical system, including wiring, switches, outlets, and service

[ ]Yes [ ]No [ ]Don't know *B. Plumbing system, including pipes, 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 cooling systems

[ ]Yes [ ]No [ ]Don't know *H. Security system [ ] Owned [ ] Leased

*I. Other.......................

6. COMMON INTEREST

[ ]Yes [ ]No [ ]Don't know A. Is there a Home Owners' 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. GENERAL

[ ]Yes [ ]No [ ]Don't know *A. Is there any settling, soil, standing water, or 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~~)) Has the physical condition of the property or any of the structure ((~~from~~)) been damaged by fire, wind, floods, beach movements, earthquake, expansive soils, or landslides?

[ ]Yes [ ]No [ ]Don't know D. Is the property in a designated flood plain?

[ ]Yes [ ]No [ ]Don't know *E. Are there any substances, materials, or products that may be an environmental hazard such as, but not limited to, asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, and contaminated soil or water on the subject property?

[ ]Yes [ ]No [ ]Don't know *F. Are there any tanks or underground storage tanks (e.g., chemical, fuel, etc.) on the property?

[ ]Yes [ ]No [ ]Don't know *G. Has the property ever been used as an illegal drug manufacturing site?

8. FULL DISCLOSURE BY SELLERS

A. Other conditions or defects:

[ ]Yes [ ]No [ ]Don't know*Are there any other material defects affecting this property or its value 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...............

II. BUYER'S ACKNOWLEDGMENT

A.As buyer(s), I/we acknowledge the duty to pay diligent attention to any material defects which are known to me/us or can be known to me/us by utilizing diligent attention and observation.

B.Each buyer acknowledges and understands that the disclosures set forth in this statement and in any amendments to this statement are made only by the seller.

C.Buyer (which term includes all persons signing the "buyer's acceptance" portion of this disclosure statement below) hereby acknowledges receipt of a copy of this disclosure statement (including attachments, if any) bearing seller's signature.

DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME OF DISCLOSURE. YOU, THE BUYER, HAVE THREE BUSINESS DAYS, UNLESS OTHERWISE AGREED, FROM THE SELLER'S DELIVERY OF THIS SELLER'S DISCLOSURE STATEMENT TO RESCIND YOUR AGREEMENT BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF RESCISSION TO THE SELLER UNLESS YOU WAIVE THIS RIGHT OF RESCISSION.

BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS REAL PROPERTY TRANSFER 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) The real property transfer disclosure statement shall be for disclosure only, and shall not be considered part of any written agreement between the buyer and seller of residential real property. The real property transfer 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.