BILL REQ. #: H-3835.1
| State of Washington | 58th Legislature | 2004 Regular Session |
Read first time 01/14/2004. Referred to Committee on Financial Institutions & Insurance.
AN ACT Relating to notifying home buyers or tenants of where information regarding registered sex offenders may be obtained; amending RCW 64.06.020; adding a new section to chapter 64.06 RCW; adding a new section to chapter 59.04 RCW; adding a new section to chapter 59.18 RCW; adding a new section to chapter 59.20 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 64.06.020 and 2003 c 200 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.
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. 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 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? 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 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: . . . . . . | ||||||
6. COMMON INTERESTS | |||||||||
| [ ] 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. 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 know | D. 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. Has the property ever been used as an illegal drug manufacturing site? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *H. 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. | |||||||||
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. | ||||||||
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 A new section is added to chapter 59.04 RCW
to read as follows:
(1) All leases, rental agreements, contracts, or other documents
relating to the creation of a tenancy must provide the tenant with a
conspicuous, written notice regarding sex offenders that contains the
following information:
NOTICE TO THE TENANT:
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.
(2) The notice regarding sex offenders required under this section
does not create any legal duty on the part of the landlord to
investigate or to provide the tenant with information regarding the
actual presence, or lack thereof, of registered sex offenders in the
area of any rental property.
NEW SECTION. Sec. 4 A new section is added to chapter 59.18 RCW
to read as follows:
(1) All rental agreements must provide the tenant with a
conspicuous, written notice regarding sex offenders that contains the
following information:
NOTICE TO THE TENANT:
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.
(2) The notice regarding sex offenders required under this section
does not create any legal duty on the part of the landlord to
investigate or to provide the tenant with information regarding the
actual presence, or lack thereof, of registered sex offenders in the
area of any rental property.
NEW SECTION. Sec. 5 A new section is added to chapter 59.20 RCW
to read as follows:
(1) All rental agreements must provide the tenant with a
conspicuous, written notice regarding sex offenders that contains the
following information:
NOTICE TO THE TENANT:
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.
(2) The notice regarding sex offenders required under this section
does not create any legal duty on the part of the landlord to
investigate or to provide the tenant with information regarding the
actual presence, or lack thereof, of registered sex offenders in the
area of any rental property.
NEW SECTION. Sec. 6 This act applies prospectively only and not
retroactively. It applies only to residential real property purchase
and sale agreements, rental agreements, and leases entered into on or
after the effective date of this act, without regard to when the
agreements are closed or finalized.