BILL REQ. #: H-1301.2
| State of Washington | 58th Legislature | 2003 Regular Session |
READ FIRST TIME 02/17/03.
AN ACT Relating to notifying home buyers of where information regarding registered sex offenders may be obtained; amending RCW 64.06.020; adding a new section to chapter 64.06 RCW; and creating a new section.
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.
I. SELLER'S DISCLOSURES: | |||||||||
*If "Yes" attach a copy or explain. If necessary use an attached sheet. | |||||||||
1. TITLE | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | A. 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 against the property? | ||||||
| [ ] 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 | |||||||||
| (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 | ||||||
| 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 know | B. If the property is served by a public or community sewer main, is the house connected to the main? | ||||||
| C. Is the property currently subject to a sewer capacity charge? | |||||||||
| 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? | ||||||
| [ ] 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 | 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) | ||||||
□ 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 | ||||||||
| □ Other | □ 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 the property or any of the structure from 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. ADDITIONAL STATUTORY NOTIFICATION TO BUYER | |||||||||
| State law requires the following disclosure statement of general information be included anytime this form is used in a residential real estate transaction: | |||||||||
| NOTICE TO THE BUYER | |||||||||
| INFORMATION REGARDING REGISTERED SEX OFFENDERS IN YOUR AREA MAY BE OBTAINED FROM YOUR COUNTY SHERIFF. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN ASSERTION OF THE PRESENCE, OR LACK THEREOF, OF REGISTERED SEX OFFENDERS IN YOUR AREA, OR IN THE AREA OF THIS PROPERTY. | |||||||||
III. 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. | ||||||||
NEW SECTION. Sec. 2 A new section is added to chapter 64.06 RCW
to read as follows:
The notice regarding sex offenders under RCW 64.06.020 does not
create any legal duty on the part of the seller, or on the part of any
real estate licensee, to investigate or to provide the buyer with
information regarding the actual presence, or lack thereof, of
registered sex offenders in the area of any property, including but not
limited to any property that is the subject of a disclosure or waiver
of disclosure under this chapter, or that is exempt from disclosure
under RCW 64.06.010.
NEW SECTION. Sec. 3 This act applies prospectively only and not
retroactively. It applies only to residential real property purchase
and sale agreements entered into on or after the effective date of this
act, without regard to when the agreements are closed.