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In today's real estate transactions, transparency and honesty play crucial roles in building trust and ensuring both parties are well-informed. The Real Estate Seller Disclosure Statement, commonly referred to as Form 17, embodies this principle by requiring sellers to disclose any known issues or defects with their property. This comprehensive document, protected under copyright laws and specifically designed for improved residential properties—including single to quadriplex dwellings, new constructions, and even mobile homes—serves as a critical tool in the transfer process. Sellers are guided through a series of detailed questions encompassing various aspects of the property, such as legal title, water and sewage systems, structural integrity, and more. Additionally, environmental concerns and potential hazards, including the presence of lead-based paint for older homes, are addressed. It's mandatory for this disclosure to be provided to the buyer within five business days following mutual acceptance of an offer, unless a different timeframe is mutually agreed upon. Notably, if a seller fails to complete this statement, the buyer has the right, under certain conditions, to rescind the agreement. This document not only protects buyers but also sellers, by offering them an opportunity to disclose any known defects upfront, potentially mitigating future legal issues. By highlighting the importance of obtaining professional inspections and advising on specific property concerns, Form 17 aims to ensure that all parties enter into property transactions with eyes wide open.

Preview - Real Estate Seller Disclosure 17 Form

Form 17

SELLER DISCLOSURE STATEMENT

©Copyright 2019

Seller Disclosure Statement

IMPROVED PROPERTY

Northwest Multiple Listing Service

Rev. 7/19

ALL RIGHTS RESERVED

Page 1 of 6

 

 

SELLER: ________________________________________________________________________________________________

Seller

Seller

 

To be used in transfers of improved residential real property, including residential dwellings up to four units, new construction, condominiums not subject to a public offering statement, certain timeshares, and manufactured and mobile homes. See RCW Chapter 64.06 for further 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 check “NA.” If the answer is “yes” to any asterisked (*) item(s), 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 initial each page of this disclosure statement and each attachment. Delivery of the disclosure statement must occur not later than five (5) business days, unless otherwise agreed, after mutual acceptance of a written purchase and sale agreement between Buyer and Seller.

NOTICE TO THE BUYER

THE FOLLOWING DISCLOSURES ARE MADE BY THE SELLER ABOUT THE CONDITION OF THE PROPERTY LOCATED AT

________________________________________________________________ , CITY _________________________________ ,

STATE _______ , ZIP _______________, COUNTY____________________________________ (“THE PROPERTY”) OR AS

LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT A.

SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR MATERIAL DEFECTS TO BUYER BASED ON SELLER’S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU AND SELLER OTHERWISE AGREE IN WRITING, YOU HAVE THREE (3) BUSINESS DAYS FROM THE DAY SELLER OR SELLER’S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER’S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A PURCHASE AND SALE AGREEMENT.

THE FOLLOWING ARE DISCLOSURES MADE BY 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 BUYER AND SELLER.

FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL PEST INSPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION, DEFECTS OR WARRANTIES.

SELLER IS/ IS NOT OCCUPYING THE PROPERTY.

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I. SELLER’S DISCLOSURES:

 

 

 

 

 

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*If you answer “Yes” to a question with an asterisk (*), please explain your answer and attach documents, if available and not

35

otherwise publicly recorded. If necessary, use an attached sheet.

 

 

 

 

36

1. TITLE

 

 

YES

NO

DON’T

N/A

37

 

 

 

 

KNOW

 

38

A. Do you have legal authority to sell the property? If no, please explain







39

*B. Is title to the property subject to any of the following?

 

 

 

 

40

(1)

First right of refusal







41

(2)

Option







42

(3)

Lease or rental agreement







43

(4)

Life estate?







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*C. Are there any encroachments, boundary agreements, or boundary disputes?



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

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*D. Is there a private road or easement agreement for access to the property?



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*E. Are there any rights-of-way, easements, or access limitations that may affect the Buyer’s use of

 

 

 

 

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the property?







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*F. Are there any written agreements for joint maintenance of an easement or right-of-way?





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*G. Is there any study, survey project, or notice that would adversely affect the property?



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 50

*H. Are there any pending or existing assessments against the property?







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________________________________

________________________________

 

 

 

 

 

SELLER’S INITIALS

Date

SELLER’S INITIALS

Date

Form 17

 

 

SELLER DISCLOSURE STATEMENT

 

©Copyright 2019

 

 

Seller Disclosure Statement

IMPROVED PROPERTY

Northwest Multiple Listing Service

 

Rev. 7/19

 

 

 

ALL RIGHTS RESERVED

 

Page 2 of 6

 

(Continued)

 

YES

NO

DON’T

N/A

52

 

 

 

 

 

 

*I.

Are there any zoning violations, nonconforming uses, or any unusual restrictions on the

 

 

 

KNOW

 

53

 

 

 

 

 

54

 

property that would affect future construction or remodeling?







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*J.

Is there a boundary survey for the property?

 





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56

*K. Are there any covenants, conditions, or restrictions recorded against the property?



57

 

PLEASE NOTE: Covenants, conditions, and restrictions which purport to forbid or restrict the

 

 

 

 

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conveyance, encumbrance, occupancy, or lease of real property to individuals based on race,

 

 

 

 

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creed, color, sex, national origin, familial status, or disability are void, unenforceable, and

 

 

 

 

 

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illegal. RCW 49.60.224.

 

 

 

 

 

 

 

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2. WATER

 

 

 

 

 

 

 

 

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A. Household Water

 

 

 

 

 

 

 

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(1) The source of water for the property is:  Private or publicly owned water system

 

 

 

 

 

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 Private well serving only the subject property

* Other water system

 

 

 

 

 

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*If shared, are there any written agreements?

 

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*(2) Is there an easement (recorded or unrecorded) for access to and/or maintenance of the

 

 

 

 

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water source?

 

 

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*(3)

Are there any problems or repairs needed?

 

 69

 

(4)

During your ownership, has the source provided an adequate year-round supply of potable water?

..

70

 

 

If no, please explain: ______________________________________________________

 

 

 

 

71

 

*(5) Are there any water treatment systems for the property?

72

 

 

If yes, are they:  Leased  Owned

 

 

 

 

 

 

73

 

*(6)

Are there any water rights for the property associated with its domestic water supply, such

 

 

 

 

74

 

 

as a water right permit, certificate, or claim?

 







 75

 

 

(a) If yes, has the water right permit, certificate, or claim been assigned, transferred, or changed?



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*(b) If yes, has all or any portion of the water right not been used for five or more successive years? 

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

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*(7)

Are there any defects in the operation of the water system (e.g. pipes, tank, pump, etc.)?







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B.

Irrigation Water

 

 

 

 

 

 

 

79

 

(1)

Are there any irrigation water rights for the property, such as a water right permit,

 

 

 

 

 

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certificate, or claim?

 

 

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



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*(a) If yes, has all or any portion of the water right not been used for five or more

 

 

 

 

 

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successive years?

 

 

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*(b) If so, is the certificate available? (If yes, please attach a copy.)



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*(c) If so, has the water right permit, certificate, or claim been assigned, transferred, or changed? ...



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

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*(2)

Does the property receive irrigation water from a ditch company, irrigation district, or other entity?







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If so, please identify the entity that supplies water to the property:

 

 

 

 

 

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_______________________________________________________________________

 

 

 

 

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C. Outdoor Sprinkler System

 

 

 

 

 

 

 

89

 

(1)

Is there an outdoor sprinkler system for the property?







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*(2)

If yes, are there any defects in the system?

 



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*(3)

If yes, is the sprinkler system connected to irrigation water?



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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:_________________________________________________________

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________________________________________________________________

SELLER’S INITIALS

Date

SELLER’S INITIALS

Date

Form 17

 

SELLER DISCLOSURE STATEMENT

 

©Copyright 2019

 

 

Seller Disclosure Statement

 

Northwest Multiple Listing Service

 

Rev. 7/19

 

IMPROVED PROPERTY

 

ALL RIGHTS RESERVED

 

Page 3 of 6

(Continued)

 

 

 

 

 

 

 

 

 

 

YES

NO

DON’T

N/A

98

B. If public sewer system service is available to the property, is the house connected to

 

 

 

KNOW

 

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the sewer main?

 





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If no, please explain:________________________________________________________

 

 

 

 

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*C. Is the property subject to any sewage system fees or charges in addition to those covered

 

 

 

 

 

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in your regularly billed sewer or on-site sewage system maintenance service?

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D.

If the property is connected to an on-site sewage system:

 

 

 

 

 

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*(1) Was a permit issued for its construction, and was it approved by the local health

 

 

 

 

 

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department or district following its construction?

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(2) When was it last pumped? _______________________________________________

 

 

 

 

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*(3) Are there any defects in the operation of the on-site sewage system?

 

  108

 

(4) When was it last inspected? ______________________________________________

 

 

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By whom: ____________________________________________________________

 

 

 

 

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(5) For how many bedrooms was the on-site sewage system approved? ______ bedrooms

 

 

 

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E. Are all plumbing fixtures, including laundry drain, connected to the sewer/on-site

 

 

 

 

 

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sewage system?

 



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If no, please explain:________________________________________________________

 

 

 

 

114

*F. Have there been any changes or repairs to the on-site sewage system?



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G. Is the on-site sewage system, including the drainfield, located entirely within the

 

 

 

 

 

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boundaries of the property?

 



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If no, please explain:________________________________________________________

 

 

 

 

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*H. Does the on-site sewage system require monitoring and maintenance services more frequently

 

 

 

 

 

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than once a year?

 

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NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE IS BEING COMPLETED FOR NEW CONSTRUCTION WHICH HAS NEVER BEEN OCCUPIED, SELLER IS NOT REQUIRED TO COMPLETE THE QUESTIONS LISTED IN ITEM 4 (STRUCTURAL) OR ITEM 5 (SYSTEMS AND FIXTURES).

4. STRUCTURAL

 

 

 

 

*A. Has the roof leaked within the last 5 years?



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*B. Has the basement flooded or leaked?



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*C. Have there been any conversions, additions or remodeling?



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*(1) If yes, were all building permits obtained?

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*(2) If yes, were all final inspections obtained?

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D. Do you know the age of the house?





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If yes, year of original construction: _____________________________________________

 

 

 

 

*E. Has there been any settling, slippage, or sliding of the property or its improvements?







*F. Are there any defects with the following: (If yes, please check applicable items and explain)







 Foundations

 Decks

 Exterior Walls

 Chimneys

 Interior Walls

 Fire Alarms

 Doors

 Windows

 Patio

 Ceilings

 Slab Floors

 Driveways

 Pools

 Hot Tub

 Sauna

 Sidewalks

 Outbuildings

 Fireplaces

 Garage Floors

 Walkways

 Siding

 Wood Stoves

 Elevators

 Incline Elevators

Stairway Chair Lifts  Wheelchair Lifts Other _______________________________________

*G. Was a structural pest or “whole house” inspection done?







If yes, when and by whom was the inspection completed?

 

 

 

 

______________________________________________________________________

 

 

 

 

H. During your ownership, has the property had any wood destroying organism or pest infestation?

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I. Is the attic insulated?

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J. Is the basement insulated?

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________________________________________________________________

SELLER’S INITIALS

Date

SELLER’S INITIALS

Date

Form 17

 

 

SELLER DISCLOSURE STATEMENT

 

©Copyright 2019

 

 

Seller Disclosure Statement

IMPROVED PROPERTY

Northwest Multiple Listing Service

 

Rev. 7/19

 

 

 

ALL RIGHTS RESERVED

 

Page 4 of 6

 

(Continued)

 

YES

NO

DON’T

N/A

149

5. SYSTEMS AND FIXTURES

 

 

 

 

 

 

KNOW

 

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*A. If any of the following systems or fixtures are included with the transfer, are there any defects?

 

 

 

 

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If yes, please explain: ____________________________________________________

 

 

 

 

 

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Electrical system, including wiring, switches, outlets, and service



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Plumbing system, including pipes, faucets, fixtures, and toilets



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Hot water tank

 

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Garbage disposal

 



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Appliances

 

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Sump pump

 

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Heating and cooling systems

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



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Security system:  Owned

 Leased

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Other_____________________________________________________________________________________________

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*B.

If any of the following fixtures or property is included with the transfer, are they leased?

 

 

 

 

 

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(If yes, please attach copy of lease.)

 

 

 

 

 

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Security System: _______________________________________________________________________________



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Tanks (type): ___________________________________________________________________________________

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Satellite dish: ___________________________________________________________________________________

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Other: ___________________________________________________________________________________________

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*C. Are any of the following kinds of wood burning appliances present at the property?

 

 

 

 

 

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(1) Woodstove?

 

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(2)

Fireplace insert?

 

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(3)

Pellet stove?

 

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(4)

Fireplace?

 

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If yes, are all of the (1) woodstoves or (2) fireplace inserts certified by the U.S. Environmental

 

 

 

 

 

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Protection Agency as clean burning appliances to improve air quality and public health?

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D.

Is the property located within a city, county, or district or within a department of natural

 

 

 

 

 

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resources fire protection zone that provides fire protection services?

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E.

Is the property equipped with carbon monoxide alarms? (Note: Pursuant to RCW 19.27.530, Seller

 

 

 

 

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must equip the residence with carbon monoxide alarms as required by the state building code.)

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F. Is the property equipped with smoke detection devices?

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(Note: Pursuant to RCW 43.44.110, if the property is not equipped with at least one smoke

 

 

 

 

 

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detection device, at least one must be provided by the seller.)

 

 

 

 

 

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6. HOMEOWNERS’ ASSOCIATION/COMMON INTERESTS

 

 

 

 

 

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A.

Is there a Homeowners’ Association?

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Name of Association and contact information for an officer, director, employee, or other authorized

 

 

 

 

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agent, if any, who may provide the association's financial statements, minutes, bylaws, fining policy,

 

 

 

 

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and other information that is not publicly available: ______________________________

 

 

 

 

 

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B.

Are there regular periodic assessments?



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$ ______________ per  month  year

 

 

 

 

 

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 Other: _______________________________________________________________

 

 

 

 

 

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*C. Are there any pending special assessments?

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*D. Are there any shared “common areas” or any joint maintenance agreements (facilities

 

 

 

 

 

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such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas

 

 

 

 

 

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co-owned in undivided interest with others)?

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7. ENVIRONMENTAL

 

 

 

 

 

 

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*A. Have there been any flooding, standing water, or drainage problems on the property

 

 

 

 

 

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that affect the property or access to the property?

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*B.

Does any part of the property contain fill dirt, waste, or other fill material?



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*C. Is there any material damage to the property from fire, wind, floods, beach movements,

 

 

 

 

 

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earthquake, expansive soils, or landslides?

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D.

Are there any shorelines, wetlands, floodplains, or critical areas on the property?

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*E. Are there any substances, materials, or products in or on the property that may be environmental

 

 

 

 

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concerns, such as asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical

 

 

 

 

 

202

 

storage tanks, or contaminated soil or water?

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*F. Has the property been used for commercial or industrial purposes?







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________________________________

________________________________

 

 

 

 

 

 

SELLER’S INITIALS

Date

SELLER’S INITIALS

Date

Form 17

 

SELLER DISCLOSURE STATEMENT

 

©Copyright 2019

 

 

Seller Disclosure Statement

IMPROVED PROPERTY

Northwest Multiple Listing Service

 

Rev. 7/19

 

 

 

ALL RIGHTS RESERVED

 

 

Page 5 of 6

(Continued)

 

YES

NO

DON’T

N/A

205

 

 

 

 

*G. Is there any soil or groundwater contamination?

 

 

 

KNOW

 

206







207

*H. Are there transmission poles or other electrical utility equipment installed, maintained, or

 

 

 

 

 

208

 

buried on the property that do not provide utility service to the structures on the property?



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

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*I.

Has the property been used as a legal or illegal dumping site?



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

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*J.

Has the property been used as an illegal drug manufacturing site?





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*K.

Are there any radio towers in the area that cause interference with cellular telephone reception?

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8. LEAD BASED PAINT (Applicable if the house was built before 1978).

 

 

 

 

 

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A.

Presence of lead-based paint and/or lead-based paint hazards (check one below):

 

 

 

 

 

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 Known lead-based paint and/or lead-based paint hazards are present in the housing

 

 

 

 

 

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(explain). ___________________________________________________________

 

 

 

 

 

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Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.

 

 

 

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B.

Records and reports available to the Seller (check one below):

 

 

 

 

 

218

 

 Seller has provided the purchaser with all available records and reports pertaining to

 

 

 

 

 

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lead-based paint and/or lead-based paint hazards in the housing (list documents below).

 

 

 

 

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___________________________________________________________________

 

 

 

 

 

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 Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.

 

222

9. MANUFACTURED AND MOBILE HOMES

 

 

 

 

 

223

If the property includes a manufactured or mobile home,

 

 

 

 

 

224

*A. Did you make any alterations to the home?





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If yes, please describe the alterations: ________________________________________

 

 

 

 

 

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*B. Did any previous owner make any alterations to the home?

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*C. If alterations were made, were permits or variances for these alterations obtained?

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10. FULL DISCLOSURE BY SELLERS

 

 

 

 

 

 

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A. Other conditions or defects:

 

 

 

 

 

 

230

 

*Are there any other existing material defects affecting the property that a prospective

 

 

 

 

 

231

 

buyer should know about?







232

B.Verification

The foregoing answers and attached explanations (if any) are complete and correct to the best of Seller’s knowledge and Seller has received a copy hereof. Seller agrees to defend, indemnify and hold real estate licensees harmless from and against any and all claims that the above information is inaccurate. Seller authorizes 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.

_________________________________________________

____________________________________________________

Seller

Date

Seller

Date

233

234

235

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237

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239

If the answer is “Yes” to any asterisked (*) items, please explain below (use additional sheets if necessary). Please refer to the line

240

number(s) of the question(s).

241

 

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Form 17

SELLER DISCLOSURE STATEMENT

©Copyright 2019

 

Seller Disclosure Statement

IMPROVED PROPERTY

Northwest Multiple Listing Service

 

Rev. 7/19

ALL RIGHTS RESERVED

 

Page 6 of 6

(Continued)

 

 

II. NOTICES TO THE BUYER

 

 

255

1. SEX OFFENDER REGISTRATION

 

 

256

INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW ENFORCEMENT

257

AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT

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AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS.

 

259

2. PROXIMITY TO FARMING/WORKING FOREST

 

260

THIS NOTICE IS TO INFORM YOU THAT THE REAL PROPERTY YOU ARE CONSIDERING FOR PURCHASE MAY LIE IN

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CLOSE PROXIMITY TO A FARM OR WORKING FOREST. THE OPERATION OF A FARM OR WORKING FOREST

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INVOLVES USUAL AND CUSTOMARY AGRICULTURAL PRACTICES OR FOREST PRACTICES, WHICH ARE PROTECTED

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UNDER RCW 7.48.305, THE WASHINGTON RIGHT TO FARM ACT.

 

264

3. OIL TANK INSURANCE

 

 

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THIS NOTICE IS TO INFORM YOU THAT IF THE REAL PROPERTY YOU ARE CONSIDERING FOR PURCHASE UTILIZES

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AN OIL TANK FOR HEATING PURPOSES, NO COST INSURANCE MAY BE AVAILABLE FROM THE POLLUTION LIABILITY

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INSURANCE AGENCY.

 

 

268

III. BUYER’S ACKNOWLEDGEMENT

 

 

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1. BUYER HEREBY ACKNOWLEDGES THAT:

 

270

A. Buyer has a duty to pay diligent attention to any material defects that are known to Buyer or can be known to Buyer by

271

utilizing diligent attention and observation.

 

272

B. The disclosures set forth in this statement and in any amendments to this statement are made only by the Seller and

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not by any real estate licensee or other party.

 

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C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are not liable for inaccurate information

275

provided by Seller, except to the extent that real estate licensees know of such inaccurate information.

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D. This information is for disclosure only and is not intended to be a part of the written agreement between the Buyer and Seller.

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E. Buyer (which term includes all persons signing the “Buyer’s acceptance” portion of this disclosure statement below) has

278

received a copy of this Disclosure Statement (including attachments, if any) bearing Seller’s signature(s).

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F.If the house was built prior to 1978, Buyer acknowledges receipt of the pamphlet Protect Your Family From Lead in Your Home. 280

DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER BASED ON SELLER’S

281

ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE. UNLESS BUYER

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AND SELLER OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE (3) BUSINESS DAYS FROM THE DAY

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SELLER OR SELLER’S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY

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DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER’S AGENT. YOU

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MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT.

 

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BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES

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THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE

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LICENSEE OR OTHER PARTY.

 

 

 

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_____________________________________________________

___________________________________________________

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Buyer

Date

Buyer

Date

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2.BUYER’S WAIVER OF RIGHT TO REVOKE OFFER

Buyer has read and reviewed the Seller’s responses to this Seller Disclosure Statement. Buyer approves this statement and waives Buyer’s right to revoke Buyer’s offer based on this disclosure.

_____________________________________________________

___________________________________________________

Buyer

Date

Buyer

Date

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3.BUYER’S WAIVER OF RIGHT TO RECEIVE COMPLETED SELLER DISCLOSURE STATEMENT

Buyer has been advised of Buyer's right to receive a completed Seller Disclosure Statement. Buyer waives that right. However, if the answer to any of the questions in the section entitled “Environmental” would be “yes,” Buyer may not waive the receipt of the “Environmental” section of the Seller Disclosure Statement.

_____________________________________________________

___________________________________________________

Buyer

Date

Buyer

Date

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________________________________________________________________

SELLER’S INITIALS

Date

SELLER’S INITIALS

Date

Form Data

Fact Name Description
Purpose of Form 17 Used for transferring improved residential real property, including single-family homes up to four units, new construction, certain condos, timeshares, and manufactured homes.
Completion Requirement Sellers must complete the form without leaving blanks, using "NA" for non-applicable questions, and attach explanations for any "Yes" answers to asterisked (*) items.
Delivery Timeline The disclosure must be delivered to the buyer no later than five business days after mutual acceptance of a purchase and sale agreement, unless otherwise agreed.
Buyer's Rescission Right Buyers have three business days from receiving the disclosure to rescind the agreement by delivering a written statement of rescission, if they choose.
Governing Law This form and its use are governed by RCW Chapter 64.06, outlining requirements for seller disclosures in residential real estate transactions in Washington State.

Instructions on Utilizing Real Estate Seller Disclosure 17

Completing the Real Estate Seller Disclosure Statement, commonly known as Form 17, is a critical step for sellers in the process of transferring residential real property. This document assists in making known any material facts or defects about the property, ensuring that the buyer is fully informed before proceeding with the purchase. Following the steps below will guide sellers through filling out the form accurately and comprehensively.

  1. Start by writing the seller's full name at the top of the form where indicated.
  2. In the section titled "SELLER’S DISCLOSURES," begin with question 1 regarding Title. Select the appropriate response (YES, NO, DON’T KNOW, N/A) for each item and provide explanations for any "YES" responses to asterisked (*) items. Remember to attach any relevant documents.
  3. For the Water section, accurately describe the source of water for the property and any known issues or rights related to water usage.
  4. Under the Sewer/On-Site Sewage System category, detail the type of sewage system the property uses and note any known defects or maintenance histories.
  5. In the Structural section, disclose any knowledge of past leaks, floods, or renovations, including whether appropriate permits were obtained.
  6. The Systems and Fixtures area requires information about the condition of the property’s electrical, plumbing, heating, and additional systems. Mark any defects and provide details as necessary.
  7. For properties associated with a Homeowners’ Association, fill in relevant details about fees, assessments, and contact information for the association.
  8. In the Environmental section, disclose any known environmental hazards or issues affecting the property.
  9. If the property was built before 1978, provide information regarding the presence of lead-based paint.
  10. For Manufactured and Mobile Homes, disclose any alterations made to the home and specify if permits were obtained for those alterations.
  11. Under the Full Disclosure by Sellers section, list any other material defects affecting the property not previously covered.
  12. Complete the verification at the bottom of the form by signing and dating. If there are any "YES" responses to items with asterisks (*), make sure to explain your answer in the space provided or on additional attached sheets, referencing the line numbers of the questions.
  13. Ensure that every page of the disclosure statement and any attachments are dated and initialed by the seller for verification purposes.

After filling out the form, it must be delivered to the buyer within five business days after mutual acceptance of a written purchase and sale agreement, unless otherwise agreed upon. This form serves not only as a disclosure but also as a protective measure for the seller, ensuring that the buyer cannot later claim they were unaware of any disclosed defects. It’s advised that, when in doubt, more information is better than not enough to maintain transparency and build trust in the transaction process.

Obtain Answers on Real Estate Seller Disclosure 17

  1. What is the purpose of the Real Estate Seller Disclosure 17 form?

    The purpose of the Real Estate Seller Disclosure 17 form is to provide buyers with information about the condition of the property they are considering purchasing. This form must be filled out by the seller to disclose existing material facts or defects about the property based on the seller’s actual knowledge at the time of completing the statement. It covers various aspects of the property, including title issues, water sources, sewer systems, structural conditions, and more.

  2. Who is required to complete the Seller Disclosure 17 form?

    Sellers of improved residential real property, including residential dwellings up to four units, new construction, condominiums not covered by a public offering statement, certain timeshares, and manufactured and mobile homes, are required to complete the Seller Disclosure 17 form.

  3. What happens if a seller does not provide a completed Seller Disclosure 17 form to the buyer?

    If the seller fails to provide a completed disclosure statement, the buyer has the right to rescind the purchase agreement by delivering a separately signed written statement of rescission to the seller or the seller’s agent. This must be done within three business days from when the seller or seller’s agent delivers the disclosure statement, unless otherwise agreed upon in writing.

  4. Are there any exceptions to the disclosure requirements?

    Yes, the seller is not required to complete the sections of the form related to structural and systems and fixtures questions for new construction that has never been occupied. Beyond this, all other sections must be completed to the best of the seller’s knowledge.

  5. Can a buyer waive their right to receive the Seller Disclosure 17 form?

    Yes, a buyer can waive the right to receive a completed Seller Disclosure 17 form if the seller does not provide it. This waiver can occur before or after entering into a purchase and sale agreement. However, waiving the right does not exempt the seller from their obligation to disclose known material defects to the buyer.

  6. What should a seller do if they do not have knowledge about a specific question on the form?

    If the seller does not have knowledge of the answer to a particular question on the form, they should mark the option “DON’T KNOW.” This option acknowledges that the seller cannot provide information about that specific question. It's important for sellers to answer each question to the best of their knowledge and not leave any spaces blank.

  7. Is the Seller Disclosure 17 form part of the purchase and sale agreement?

    The information provided in the Seller Disclosure 17 form is for disclosure purposes only and is not intended to be a part of the written agreement between the buyer and seller. However, the disclosed information may influence the decision-making process of the buyer and could potentially lead to further negotiations or inspections.

  8. What are the implications for sellers who provide inaccurate information on the Seller Disclosure 17 form?

    Sellers are expected to provide accurate and complete answers to the best of their knowledge. If it is found that a seller knowingly provided false information or omitted material facts about the property, they could be held liable for fraud, misrepresentation, or breach of contract. Sellers agree to indemnify and hold real estate licensees harmless against claims that the disclosed information is inaccurate.

Common mistakes

Filling out the Real Estate Seller Disclosure (Form 17) can be a daunting task. It's a comprehensive document designed to protect both the seller and the buyer by ensuring that all material facts about the property are disclosed. However, mistakes can happen. Here are eight common pitfalls to avoid:

  1. Leaving blanks instead of selecting "N/A" or providing an explanation. If a question does not apply, mark it as "N/A" rather than leaving it blank to avoid any misunderstanding.

  2. Not properly disclosing known issues. Failure to disclose issues such as past water damage, foundational problems, or anything else that can affect the property's value or habitability can lead to legal troubles down the road.

  3. Assuming minor repairs or issues need not be disclosed. Even minor issues can become major concerns for buyers, and disclosing them up front can prevent disputes later.

  4. Forgetting to document any repairs or improvements made. Keeping records of all repairs and improvements, including the dates they were done and who performed them, is crucial and should be disclosed when filling out the form.

  5. Overlooking the need to update disclosures. If any new issues arise or additional repairs are made after the initial disclosure, it’s important to update the disclosure form accordingly.

  6. Misunderstanding the legal definitions of terms on the form. If unsure about what a question is asking or how to answer, it's better to seek clarification than to guess.

  7. Not being thorough in the explanation section for “Yes” answers to asterisked (*) items. When an issue is disclosed, providing a detailed explanation and any relevant documents or reports is crucial to provide the buyer with a clear understanding of the situation.

  8. Incorrectly assuming that disclosures are only about the physical property. Disclosures can also include legal issues such as disputes over property lines or easements that could affect the buyer’s use of the property.

Remember, the goal of the disclosure form is not to scare off potential buyers, but to ensure that all parties are fully informed about the property’s condition. This transparency helps to build trust and can actually smooth the path to a successful sale. Avoiding these common mistakes can help sellers navigate the disclosure process more effectively.

Documents used along the form

Real estate transactions involve several documents to fully disclose the condition of the property, protect both buyer and seller, and ensure a smooth transfer of ownership. The Real Estate Seller Disclosure Statement, also known as Form 17, provides comprehensive details about the property's condition. Alongside this pivotal document, a range of other forms and documents are often used to cover all facets of the real estate sale process.

  • Purchase and Sale Agreement: This contract outlines the terms and conditions under which the property is sold, including the purchase price, closing date, and any contingencies that must be satisfied before the sale can proceed.
  • Title Report: This report provides a detailed history of the property, including its previous owners, and reveals any encumbrances such as liens, easements, or covenants that could affect the buyer’s use of the property.
  • Professional Home Inspection Report: Conducted by a licensed home inspector, this report gives an in-depth look at the property's structural integrity, systems (electrical, plumbing, HVAC), and identifies any need for repairs or issues that could cause concern.
  • Natural Hazard Disclosure Statement: In some locations, sellers must disclose if the property is located in areas prone to natural hazards like floods, earthquakes, wildfires, or other significant risks.
  • Lead-Based Paint Disclosure: Required for residential buildings built before 1978, this disclosure notifies buyers about the presence of lead-based paint used in the property.
  • Homeowners’ Association (HOA) Documents: For properties within an HOA, sellers must provide the buyer with the HOA’s covenants, conditions and restrictions (CC&Rs), bylaws, and financial documents to disclose the rules of the community and the financial health of the association.

While the Seller Disclosure Statement (Form 17) plays a crucial role in informing the buyer about the property's condition, these additional documents ensure a transparent, legally sound, and efficient transaction. Equipped with the complete set of disclosures, both parties can proceed with confidence, fully aware of their responsibilities and the property's specifics.

Similar forms

  • Residential Property Disclosure: Like the Real Estate Seller Disclosure 17 form, this document requires sellers to disclose the condition of the residential property they're selling. It covers aspects like the property's structural integrity, systems (electrical, plumbing, heating, etc.), and any known material defects.

  • Lead-Based Paint Disclosure: This document, required for the sale of houses built before 1978, is similar to the lead-based paint section of the Form 17, providing buyers with information about the presence of lead-based paint or hazards in the home.

  • Condominium Resale Certificate: Similar to Form 17's disclosures regarding condominiums, this document includes details about the condo association fees, rules, and any special assessments, giving buyers a comprehensive overview of what to expect.

  • Home Inspection Report: While not filled out by sellers, this report complements the Seller Disclosure Form 17 by providing an expert's evaluation of the home's condition, highlighting issues that may not have been disclosed or known by the seller.

  • Property Title Report: This document resembles the title-related questions in Form 17, detailing the legal status of the property's title, any encumbrances, liens, or easements, and the property's official legal description.

  • Homeowners' Association (HOA) Disclosures: This set of documents parallels the HOA-related queries in Form 17, outlining the rules, regulations, financial status, and fee schedule of the HOA governing the property.

  • Septic System Inspection Report: Similar to septic system disclosures in Form 17, this report from a qualified inspector details the condition and functioning of an on-site wastewater treatment system.

  • Well Water Test Report: Corresponding to the water source disclosures in Form 17, this document provides test results for a property's private well, covering aspects like water quality and potability.

  • Natural Hazard Disclosures: These documents, required in certain areas, offer information about the property's susceptibility to natural hazards like floods, earthquakes, or wildfires, akin to environmental disclosures in Form 17.

  • Preliminary Title Report: Similar to the title disclosures in Form 17, this document, provided by a title insurance company, outlines the conditions under which it would issue title insurance, revealing any liens, easements, or other title defects.

Dos and Don'ts

When it comes to filling out the Real Estate Seller Disclosure Statement (Form 17), it's vital to approach this task with diligence and honesty to ensure a smooth transaction and to protect yourself from potential legal issues down the line. Here are some key dos and don'ts to guide you through the process:

Dos:

  • Read every question carefully. Ensure you understand what is being asked before you answer. If anything is unclear, seek clarification.
  • Be honest and transparent. Disclose all known defects and material facts about your property. This isn't just a legal requirement—it can also prevent disputes with the buyer later on.
  • Use NA judiciously. Only mark an item as "Not Applicable" if it truly does not apply to your property. Misuse of this option can lead to incorrect assumptions about your property's condition.
  • Provide thorough explanations. For any questions that you mark with 'Yes,' especially those with an asterisk (*), give detailed explanations in the space provided or on an attached sheet.
  • Initial and date every page. This confirms that you have reviewed the information on each page and stand by your disclosures.
  • Attach additional documents if required. If you reference any studies, surveys, permits, or other documents, ensure you attach copies unless they are already publicly recorded.

Don'ts:

  • Don't leave any spaces blank. This could suggest oversight or an attempt to withhold information. If a question truly doesn't apply, mark it as "NA."
  • Don't guess or assume. If you're unsure about an aspect of your property, it's better to check "Don't Know" rather than provide inaccurate information. Guessing can lead to misinformation and potential liability.
  • Don't withhold information. Failing to disclose known defects or material facts about your property can result in legal consequences, including the potential for the buyer to rescind the sale agreement.

Completing the Real Estate Seller Disclosure Statement with attention to detail and honesty not only fulfils your legal obligations but also builds trust with the buyer and helps ensure a smoother transaction.

Misconceptions

When it comes to selling a home, the Real Estate Seller Disclosure Statement, often referred to as Form 17, plays a vital role. However, there are several misconceptions surrounding this form. Understanding these misconceptions can help both buyers and sellers navigate their real estate transactions with greater clarity.

  • Misconception 1: Sellers can safely omit known issues if they're minor. It's essential to understand that sellers must disclose all known material facts or defects about the property. This includes even minor issues. The goal is to provide the buyer with as much information as possible about the property's condition, no matter how insignificant an issue may seem.

  • Misconception 2: The form is a guarantee of the home's condition. While Form 17 provides valuable information from the seller's perspective, it's not a substitute for a professional inspection. Buyers should always conduct their inspections to uncover potential hidden problems that the seller might not be aware of or disclosed.

  • Misconception 3: All items on the form must be fixed by the seller. Disclosure does not necessarily obligate the seller to fix the issues mentioned in the disclosure statement. Its primary purpose is to inform the buyer about the property's condition. Negotiations between the buyer and seller can later determine whether any repairs will be made and by whom.

  • Misconception 4: Once the form is completed and signed, sellers are no longer liable for undisclosed issues. Sellers can still be held responsible for failing to disclose known issues not mentioned on Form 17. If a seller is aware of a defect and chooses not to disclose it, they could face legal consequences even after the sale.

  • Misconception 5: The form only covers the condition of the house. In reality, Form 17 covers a wide range of topics beyond the physical structure, including water rights, environmental concerns, and zoning issues. Both buyers and sellers should pay attention to these details as they could significantly impact the property's use and value.

In summary, the Real Estate Seller Disclosure Statement is a crucial document that demands careful attention from both buyers and sellers. Misunderstandings about its purpose and scope can lead to incorrect assumptions and potential legal issues. Both parties should thoroughly review this document, consult professionals when necessary, and ensure all known issues and concerns are transparently communicated.

Key takeaways

The Real Estate Seller Disclosure Statement, commonly referred to as Form 17, plays a critical role in the sale of residential real property. Below are seven key takeaways that sellers, buyers, and agents should be aware of:

  • Comprehensive Application: Form 17 is designed for a wide range of property types, including single-family homes, multi-unit dwellings, condominiums, manufactured homes, and even certain timeshares. Its broad applicability ensures that most residential transactions will require this documentation, fostering transparency in the sale.
  • Mandatory Details: Sellers are instructed to complete the form meticulously, leaving no question unanswered. If a particular question does not apply, marking it as 'N/A' is essential. Blank spaces can lead to ambiguities regarding the property’s condition or legal issues, potentially complicating the sale process.
  • Material Facts and Defects Disclosure: The core purpose of Form 17 is for sellers to disclose material facts or defects about the property that are within their knowledge. This includes legal, structural, environmental, and other significant issues that could affect the property's value or a buyer's decision to proceed with the purchase.
  • Explanation Requirement: When answering "Yes" to any question flagged with an asterisk (*), sellers must provide detailed explanations or relevant documents. This requirement ensures that buyers receive comprehensive information on any disclosed issues, enabling informed decision-making.
  • Initialing and Dating: For the document to be considered valid and complete, sellers must date and initial each page of the disclosure statement, including any attachment. This action not only confirms the accuracy of the information provided but also helps protect all parties involved in the transaction.
  • Delivery Timeline: The disclosure statement must be delivered to the buyer no later than five business days following the mutual acceptance of the purchase and sale agreement, unless a different timeline has been agreed upon by both parties. This stipulation emphasizes the importance of timely disclosure in maintaining the integrity of the transaction process.
  • Buyer’s Right to Rescind: Upon receiving the disclosure statement, buyers have three business days to review the disclosed information and decide if they wish to proceed. If buyers find the disclosures unsatisfactory, they reserve the right to rescind the agreement within this period by providing a written statement, protecting their interests.

Understanding and adhering to the requirements of the Real Estate Seller Disclosure Statement is crucial for a smooth and transparent transaction. It benefits not only the buyer, who gains a deeper insight into the property’s condition, but also the seller, who can avoid potential legal complications arising from nondisclosure of material facts or defects.

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