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Fill Out Your Real Estate Seller Disclosure 17 Form

The Real Estate Seller Disclosure Form 17 is a crucial document for buyers and sellers in residential real estate transactions. This form requires sellers to disclose any known material defects and conditions related to the property being sold. By filling out this form accurately, sellers can promote transparency and protect themselves from future disputes.

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Fill Out Your Real Estate Seller Disclosure 17 Form

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The Real Estate Seller Disclosure Form 17 plays a crucial role in real estate transactions, helping to clarify the condition of a property before it changes hands. This form is specifically designed for the sale of improved residential properties, which may include homes, condominiums, and manufactured homes. Sellers must provide detailed information about the property's physical condition, including any material defects or issues they are aware of. Among the key areas covered are title issues, plumbing and electrical systems, potential environmental hazards, and any known pest infestations. It also requires sellers to disclose the presence of any homeowners' associations and related fees, as well as any history of flooding or drainage problems. By ensuring that sellers transparently communicate these aspects, the form aims to protect buyers and facilitate informed decision-making in the purchasing process. Buyers are granted rights such as the ability to rescind the purchase agreement based on the disclosures provided, adding another layer of security to the transaction. As a result, understanding the nuances of the Form 17 is essential for both sellers and buyers in navigating the real estate market effectively.

Real Estate Seller Disclosure 17 Example

Form 17	SELLER DISCLOSURE STATEMENT	©Copyright 2019
Seller Disclosure Statement	IMPROVED PROPERTY	Northwest Multiple Listing Service
Rev. 7/19	IMPROVED PROPERTY	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.

I. SELLER’S DISCLOSURES:							34
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
1. TITLE					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?						44
*C. Are there any encroachments, boundary agreements, or boundary disputes?							45
*D. Is there a private road or easement agreement for access to the property?							46
*E. Are there any rights-of-way, easements, or access limitations that may affect the Buyer’s use of							47
the property?							48
*F. Are there any written agreements for joint maintenance of an easement or right-of-way?							49
*G. Is there any study, survey project, or notice that would adversely affect the property?						 50
*H. Are there any pending or existing assessments against the property?							51
________________________________		________________________________

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			IMPROVED PROPERTY			ALL RIGHTS RESERVED
Page 2 of 6			(Continued)			YES	NO	DON’T	N/A	52
						YES	NO	DON’T	N/A	52
*I.	Are there any zoning violations, nonconforming uses, or any unusual restrictions on the							KNOW		53
*I.										54
	property that would affect future construction or remodeling?									55
*J.	Is there a boundary survey for the property?									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									58
	conveyance, encumbrance, occupancy, or lease of real property to individuals based on race,									59
	creed, color, sex, national origin, familial status, or disability are void, unenforceable, and									60
	illegal. RCW 49.60.224.									61
2. WATER										62
A. Household Water										63
	(1) The source of water for the property is:  Private or publicly owned water system									64
		 Private well serving only the subject property		* Other water system						65
		*If shared, are there any written agreements?								66
	*(2) Is there an easement (recorded or unrecorded) for access to and/or maintenance of the									67
		water source?								68
	*(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?								76
		*(b) If yes, has all or any portion of the water right not been used for five or more successive years? 								77
	*(7)	Are there any defects in the operation of the water system (e.g. pipes, tank, pump, etc.)?								78
B.	Irrigation Water									79
	(1)	Are there any irrigation water rights for the property, such as a water right permit,								80
		certificate, or claim?								81
		*(a) If yes, has all or any portion of the water right not been used for five or more								82
		successive years?								83
		*(b) If so, is the certificate available? (If yes, please attach a copy.)								84
		*(c) If so, has the water right permit, certificate, or claim been assigned, transferred, or changed? ...								85
	*(2)	Does the property receive irrigation water from a ditch company, irrigation district, or other entity?								86
		If so, please identify the entity that supplies water to the property:								87
		_______________________________________________________________________								88
C. Outdoor Sprinkler System										89
	(1)	Is there an outdoor sprinkler system for the property?								90
	*(2)	If yes, are there any defects in the system?								91
	*(3)	If yes, is the sprinkler system connected to irrigation water?								92

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:_________________________________________________________

________________________________________________________________

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		99
	the sewer main?							100
	If no, please explain:________________________________________________________							101
*C. Is the property subject to any sewage system fees or charges in addition to those covered								102
	in your regularly billed sewer or on-site sewage system maintenance service?							103
D.	If the property is connected to an on-site sewage system:							104
	*(1) Was a permit issued for its construction, and was it approved by the local health							105
	department or district following its construction?							106
	(2) When was it last pumped? _______________________________________________							107
	*(3) Are there any defects in the operation of the on-site sewage system?			 		  108
	(4) When was it last inspected? ______________________________________________							109
	By whom: ____________________________________________________________							110
	(5) For how many bedrooms was the on-site sewage system approved? ______ bedrooms							111
E. Are all plumbing fixtures, including laundry drain, connected to the sewer/on-site								112
	sewage system?							113
	If no, please explain:________________________________________________________							114
*F. Have there been any changes or repairs to the on-site sewage system?								115
G. Is the on-site sewage system, including the drainfield, located entirely within the								116
	boundaries of the property?							117
	If no, please explain:________________________________________________________							118
*H. Does the on-site sewage system require monitoring and maintenance services more frequently								119
	than once a year?							120

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?				
*B. Has the basement flooded or leaked?				
*C. Have there been any conversions, additions or remodeling?				
*(1) If yes, were all building permits obtained?				
*(2) If yes, were all final inspections obtained?				
D. Do you know the age of the house?				
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?				
I. Is the attic insulated?				
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			IMPROVED PROPERTY		ALL RIGHTS RESERVED
Page 4 of 6			(Continued)		YES	NO	DON’T	N/A	149
5. SYSTEMS AND FIXTURES					YES	NO	DON’T	N/A	149
5. SYSTEMS AND FIXTURES							KNOW		150
*A. If any of the following systems or fixtures are included with the transfer, are there any defects?									151
	If yes, please explain: ____________________________________________________								152
		Electrical system, including wiring, switches, outlets, and service							153
		Plumbing system, including pipes, faucets, fixtures, and toilets							154
		Hot water tank							155
		Garbage disposal							156
		Appliances							157
		Sump pump							158
		Heating and cooling systems	....................................................................................................						159
		Security system:  Owned	 Leased						160
		Other_____________________________________________________________________________________________							161
*B.	If any of the following fixtures or property is included with the transfer, are they leased?								162
	(If yes, please attach copy of lease.)								163
		Security System: _______________________________________________________________________________							164
		Tanks (type): ___________________________________________________________________________________							165
		Satellite dish: ___________________________________________________________________________________							166
		Other: ___________________________________________________________________________________________							167
*C. Are any of the following kinds of wood burning appliances present at the property?									168
	(1) Woodstove?								169
	(2)	Fireplace insert?							170
	(3)	Pellet stove?							171
	(4)	Fireplace?							172
	If yes, are all of the (1) woodstoves or (2) fireplace inserts certified by the U.S. Environmental								173
	Protection Agency as clean burning appliances to improve air quality and public health?								174
D.	Is the property located within a city, county, or district or within a department of natural								175
	resources fire protection zone that provides fire protection services?								176
E.	Is the property equipped with carbon monoxide alarms? (Note: Pursuant to RCW 19.27.530, Seller								177
	must equip the residence with carbon monoxide alarms as required by the state building code.)								178
F. Is the property equipped with smoke detection devices?								 179
	(Note: Pursuant to RCW 43.44.110, if the property is not equipped with at least one smoke								180
	detection device, at least one must be provided by the seller.)								181
6. HOMEOWNERS’ ASSOCIATION/COMMON INTERESTS									182
A.	Is there a Homeowners’ Association?								183
	Name of Association and contact information for an officer, director, employee, or other authorized								184
	agent, if any, who may provide the association's financial statements, minutes, bylaws, fining policy,								185
	and other information that is not publicly available: ______________________________								186
B.	Are there regular periodic assessments?								187
	$ ______________ per  month  year								188
	 Other: _______________________________________________________________								189
*C. Are there any pending special assessments?									190
*D. Are there any shared “common areas” or any joint maintenance agreements (facilities									191
	such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas								192
	co-owned in undivided interest with others)?								193
7. ENVIRONMENTAL									194
*A. Have there been any flooding, standing water, or drainage problems on the property									195
	that affect the property or access to the property?								196
*B.	Does any part of the property contain fill dirt, waste, or other fill material?								197
*C. Is there any material damage to the property from fire, wind, floods, beach movements,									198
	earthquake, expansive soils, or landslides?								199
D.	Are there any shorelines, wetlands, floodplains, or critical areas on the property?								200
*E. Are there any substances, materials, or products in or on the property that may be environmental									201
	concerns, such as asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical								202
	storage tanks, or contaminated soil or water?								203
*F. Has the property been used for commercial or industrial purposes?									204
________________________________			________________________________

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
				YES	NO	DON’T	N/A	205
*G. Is there any soil or groundwater contamination?						KNOW		206
*G. Is there any soil or groundwater contamination?							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?							209
*I.	Has the property been used as a legal or illegal dumping site?							210
*J.	Has the property been used as an illegal drug manufacturing site?							211
*K.	Are there any radio towers in the area that cause interference with cellular telephone reception?						212
8. LEAD BASED PAINT (Applicable if the house was built before 1978).								213
A.	Presence of lead-based paint and/or lead-based paint hazards (check one below):							214
	 Known lead-based paint and/or lead-based paint hazards are present in the housing							215
	(explain). ___________________________________________________________							216
	Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.							217
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							219
	lead-based paint and/or lead-based paint hazards in the housing (list documents below).							220
	___________________________________________________________________							221
	 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?								225
	If yes, please describe the alterations: ________________________________________							226
*B. Did any previous owner make any alterations to the home?								227
*C. If alterations were made, were permits or variances for these alterations obtained?								228
10. FULL DISCLOSURE BY SELLERS								229
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

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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	IMPROVED PROPERTY	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			258
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			261
CLOSE PROXIMITY TO A FARM OR WORKING FOREST. THE OPERATION OF A FARM OR WORKING FOREST			262
INVOLVES USUAL AND CUSTOMARY AGRICULTURAL PRACTICES OR FOREST PRACTICES, WHICH ARE PROTECTED			263
UNDER RCW 7.48.305, THE WASHINGTON RIGHT TO FARM ACT.			264
3. OIL TANK INSURANCE			265
THIS NOTICE IS TO INFORM YOU THAT IF THE REAL PROPERTY YOU ARE CONSIDERING FOR PURCHASE UTILIZES			266
AN OIL TANK FOR HEATING PURPOSES, NO COST INSURANCE MAY BE AVAILABLE FROM THE POLLUTION LIABILITY			267
INSURANCE AGENCY.			268
III. BUYER’S ACKNOWLEDGEMENT			269
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			273
not by any real estate licensee or other party.			274
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.			276
D. This information is for disclosure only and is not intended to be a part of the written agreement between the Buyer and Seller.			277
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).			279

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				282
AND SELLER OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE (3) BUSINESS DAYS FROM THE DAY				283
SELLER OR SELLER’S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY				284
DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER’S AGENT. YOU				285
MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT.				286
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES				287
THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE				288
LICENSEE OR OTHER PARTY.				289
_____________________________________________________		___________________________________________________		290
Buyer	Date	Buyer	Date	291

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

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SELLER’S INITIALS

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Get Real Estate Seller Disclosure 17 PDF Form

Form Characteristics

Fact Name	Description
Purpose	Form 17 is used for transferring improved residential real property, including homes, condominiums, and manufactured homes. It ensures that buyers receive crucial information about the property before purchase.
Disclosure Requirement	Sellers must provide this disclosure statement within 5 business days after a mutual purchase agreement is reached. Failure to do so may affect the buyer's ability to rescind the agreement.
Legal Reference	This form is governed by Washington State law, specifically RCW Chapter 64.06, which outlines the disclosure obligations of sellers.
Buyer's Rights	Buyers have three business days to rescind the purchase agreement after receiving this disclosure statement. Buyers should carefully review all information to make informed decisions.

Guidelines on Utilizing Real Estate Seller Disclosure 17

Filling out the Real Estate Seller Disclosure 17 form is an important step in the selling process of residential property. This form allows the seller to disclose any known issues about the property that could affect its value or desirability. By accurately completing this form, sellers can help ensure a smoother transaction and foster trust with prospective buyers. Careful attention to detail is paramount, as failing to disclose relevant information could lead to disputes down the line.

Begin with Seller Information: Fill in your full name as the seller, along with any co-sellers. Ensure that the details are complete.
Property Address: Clearly state the address of the property being sold, including city, state, zip, and county.
Occupancy Status: Indicate whether you are currently occupying the property by checking the appropriate box.
Complete Seller's Disclosures: For each question, provide a response using "Yes," "No," or "Don't Know." If a question is not applicable, check "N/A." Be attentive to any items marked with an asterisk (*); if you answer "Yes," provide an explanation on the attached sheets, referencing the line number.
Water and Sewage Systems: Provide accurate details regarding water sources, irrigation rights, and sewage systems. Pay careful attention to any issues related to defects or required permits.
Structural Issues: Answer questions related to the physical condition of the structure, such as leaks or flooding. Provide additional information where necessary.
Systems and Fixtures: If included in the sale, report any known defects related to plumbing, electrical systems, or appliances.
Homeowners’ Association: If applicable, disclose any homeowners' association details, including assessments and special assessments.
Environmental Concerns: Answer questions regarding environmental issues such as flooding, contamination, or hazardous materials.
Lead-based Paint Disclosure: If the home was built before 1978, indicate whether lead-based paint hazards are present or not.
Manufactured and Mobile Homes: If the property includes a manufactured or mobile home, respond to the relevant questions regarding alterations and permits.
Final Review and Signature: Review all responses for accuracy. As the seller, date and initial each page of the disclosure statement and any attached documents to confirm correctness.

Completing the form thoroughly helps protect both the seller and the buyer. By providing accurate and honest information, you contribute positively to the real estate transaction process. After filling out the form, consider consulting with a real estate expert or attorney if you have concerns or need clarification on any aspect before submission.

What You Should Know About This Form

What is the purpose of the Real Estate Seller Disclosure Form 17?

This form is designed to inform prospective buyers of any material facts or defects regarding the residential property being sold. It provides the seller with a structured way to disclose information about the property's condition, including various systems, structural issues, and any ongoing maintenance requirements.

What properties are covered by Form 17?

Form 17 is applicable to improved residential real property, which includes single-family homes, residential dwellings with up to four units, new construction, condominiums not tied to a public offering statement, certain timeshares, and manufactured or mobile homes.

When should the seller provide this disclosure statement?

The seller must deliver the completed disclosure statement to the buyer no later than five business days after both parties have accepted a written purchase and sale agreement. This timeframe can be altered by mutual agreement between the buyer and seller.

What happens if the seller fails to provide the disclosure statement?

If the seller does not provide a completed disclosure statement, the buyer may choose to waive their rights to rescind the agreement. This can be done either prior to or after entering into the purchase and sale agreement.

How should sellers handle questions that do not apply to their property?

If a question on the form does not apply to the property, the seller should indicate this by marking “N/A” next to the question. It's crucial that the seller does not leave any spaces blank.

What are the implications for a seller who answers “Yes” to any question with an asterisk?

Should a seller answer “Yes” to an asterisked question, it is required to provide an explanation on attached sheets. Doing so will help clarify the nature of the issue to potential buyers.

Can a buyer rescind the purchase agreement after receiving the disclosure?

Yes, once the buyer receives the disclosure statement, they have three business days to rescind the purchase agreement. This requires delivering a signed written statement of rescission to the seller or the seller's agent.

Is the information provided in the disclosure statement legally binding?

The disclosures made by the seller are based on their actual knowledge and are provided for the buyer's information. They are not legally binding representations made by any real estate licensee or other party involved in the sale.

What additional actions should buyers consider after reading the disclosure?

Buyers are encouraged to obtain professional inspections of the property. This may include hiring experts such as contractors, engineers, or other specialists who can assess the property's conditions and verify the seller's disclosures.

What information is not required in the disclosure for new constructions?

If the disclosure is being completed for newly constructed homes that have never been occupied, sellers are not required to answer questions related to the structural conditions or systems and fixtures of the property.

Common mistakes

Filling out the Real Estate Seller Disclosure 17 form can be a critical step in a property transaction; however, many sellers make common mistakes that could lead to misunderstandings. One of the most frequent errors is failing to answer all questions or leaving sections blank. Every space must be filled. If a question does not apply, sellers should mark it as "N/A." Leaving blanks can create confusion and may suggest a lack of transparency.

Another common mistake is misunderstanding the requirement to clarify any "Yes" answers to asterisked questions. When none of these explanations are provided, it may raise red flags for potential buyers. Understandably, sellers might feel uncomfortable sharing details, but being open can promote trust and prevent later disputes.

Many sellers also overlook the need to properly date and initial each page of the form. This step is often considered minor, yet it serves as vital verification. Failure to include initials may result in a form being deemed invalid, putting the seller at risk of legal implications later in the process.

Additionally, sellers sometimes underestimate the importance of disclosing known issues with the property. Issues related to past flooding, pest infestations, or structural problems must be reported. Not disclosing these concerns can not only lead to a failed sale but may also expose sellers to legal actions in the future.

It is essential for sellers to attach any relevant documentation to the form, especially if there are known defects. Sellers often forget to provide these supporting documents, which can enhance their disclosure and help potential buyers make informed decisions.

Another habitual oversight involves the section on water rights and systems. This part can be complex, and sellers may neglect details about shared water sources or necessary easements. Properly stating these facts is crucial to avoid disputes over rights later on.

Buyers expect a thorough inspection of the property, so when homeowners report recent repairs or improvements without accompanying details, it can lead to mistrust. Sellers must document and disclose not only repairs but also significant project details like permits and inspections to demonstrate compliance with local regulations.

Lastly, failing to consider the broader implications of property conditions can be detrimental. Environmental issues or compliance with lead-based paint regulations must be addressed in full. Sellers may ignore these aspects but doing so risks legal and financial consequences.

By focusing on these nine common mistakes while completing the Real Estate Seller Disclosure 17 form, sellers can enhance their transparency with prospective buyers and create a smoother, more trustworthy transaction process.

Documents used along the form

The Real Estate Seller Disclosure 17 form plays a critical role in the sale of residential properties by providing potential buyers with essential information about the property's condition. Along with this disclosure statement, various other forms and documents may be utilized throughout the real estate transaction to ensure compliance with legal requirements and to better inform the buyer about their prospective investment. The following list outlines some of the commonly associated documents.

Real Estate Purchase Agreement: This is the contract between the buyer and the seller that outlines the terms of the sale, including purchase price, closing date, and any contingencies.
Lead-Based Paint Disclosure: Required for homes built before 1978, this form informs buyers of any known lead-based paint hazards present in the property.
Home Inspection Report: A report generated by a professional home inspector detailing the condition of the property, including structural and mechanical systems, helping buyers make informed decisions.
Title Report: This document provides information about the legal ownership of the property and any liens or encumbrances that may affect the seller’s ability to convey clear title.
Seller's Property Condition Disclosure: In some states, this is an additional document where the seller details any known issues or defects with the property beyond what is covered in Form 17.
Property Survey: A diagram that outlines the property boundaries and shows any easements, encroachments, or zoning restrictions that may impact the use of the land.
Mortgage Pre-Approval Letter: A document provided by a lender indicating that a buyer has been pre-approved for a loan amount, ensuring they are financially capable of purchasing the property.
Home Warranty Agreement: This optional agreement provides coverage for certain repairs or replacements of home systems and appliances, offering buyers additional peace of mind.
Closing Disclosure: A document outlining the final terms and costs of the mortgage loan, which must be provided to the buyer at least three days before closing on the property.
Certificate of Occupancy: This certificate indicates that a property is deemed safe and ready for occupancy, often required for new construction or significant renovations.

Each of these documents is designed to provide critical information and protections for both the buyer and the seller throughout the real estate transaction process. Understanding and completing these forms accurately helps facilitate a smoother transfer of ownership and compliance with relevant laws.

Similar forms

The Real Estate Seller Disclosure 17 form provides critical information for buyers regarding the condition of a property. Several other documents serve similar purposes in disclosing information relevant to property transactions. Here are five noteworthy examples:

Property Condition Disclosure Statement: This statement outlines the current condition of various features of a property, such as the roof, plumbing, and electrical systems. Like Form 17, it requires sellers to candidly disclose any known issues to potential buyers. The aim is to ensure buyers are aware of potential repairs or concerns before finalizing a deal.
Lead-Based Paint Disclosure: Required for homes built before 1978, this document informs buyers of the presence of lead-based paint or hazards. It reflects similar intentions to the Seller Disclosure 17 form, highlighting important safety information necessary for buyers, especially families with young children.
Home Warranty Disclosure: This disclosure communicates whether a home warranty is included with the sale. A home warranty can cover unexpected repairs, providing additional peace of mind for buyers. It parallels the Seller Disclosure Statement in that both documents aim to present the property's status and enhance buyer confidence.
Environmental Disclosure Statement: This document provides details about environmental risks related to a property, such as flood zones or contamination issues. Both the Environmental Disclosure and Form 17 require sellers to reveal known conditions that might affect a buyer's decision, ensuring transparency in the transaction process.
Title Report: A title report confirms the ownership of a property and reveals any liens or encumbrances. Although it focuses more on legal ownership, much like Form 17, it aims to inform buyers about potential issues that could impact their rights to the property.

Dos and Don'ts

When filling out the Real Estate Seller Disclosure 17 form, there are important actions to take and avoid. Below is a list of dos and don'ts to guide you.

Do: Complete all sections of the form fully. Do not leave any spaces blank.
Do: Initial and date each page of the disclosure statement. This guarantees acknowledgment of the information provided.
Do: Provide explanations for any "yes" answers to asterisked items. Attach additional sheets if needed.
Do: Review the form thoroughly before submitting. Ensure all information is accurate and current.

Don't: Ignore any question in the form. If a question does not apply, check “NA” instead of leaving it blank.
Don't: Submit the form later than five business days following acceptance of the purchase agreement. Timeliness is crucial.
Don't: Misrepresent any information. Being honest is essential to avoid potential legal issues.
Don't: Rely solely on this form. Advising buyers to seek professional inspections is recommended to uncover hidden issues.

Misconceptions

Misconception 1: The Seller Disclosure 17 form is optional for all sellers.

This form is often seen as optional, but it is required for most sellers transferring improved residential real property. Not following this requirement can lead to complications or legal issues.

Misconception 2: Sellers can leave questions blank if they do not know the answer.

Sellers must complete all questions on the form. If a question does not apply, they should check "N/A." Leaving questions blank could cause misunderstandings later.

Misconception 3: Only the seller’s agent needs to sign the disclosure.

Both the seller and the buyer need to review and sign the form to acknowledge receipt and understanding. This ensures both parties are aware of the property’s condition.

Misconception 4: A seller is not responsible for disclosing previous issues if they were repaired.

Sellers must disclose any prior issues, even if repairs were made. Hiding past problems can lead to liabilities later on.

Misconception 5: All properties require the same disclosure information.

The information needed varies based on the property type and local regulations. Sellers must ensure they provide accurate details relevant to their specific situation.

Misconception 6: Buyers can waive their right to rescind if they do not receive the form.

Buyers generally maintain the right to rescind the purchase agreement if the disclosure is not provided. They should be cautious about waiving this right without understanding the implications.

Misconception 7: The disclosure only benefits the buyer.

The form also protects the seller by documenting the property's condition and making clear what the buyer is aware of, potentially avoiding disputes later.

Misconception 8: The Seller Disclosure 17 form substitutes for a home inspection.

While the form provides vital information, it does not replace a professional home inspection. Buyers are encouraged to get inspections for a thorough evaluation of the property.

Misconception 9: Sellers can ignore issues if they don’t directly affect livability.

Sellers must disclose any material defects, regardless of how they affect livability. Failing to disclose such issues can result in legal consequences.

Key takeaways

Here are some important points about filling out and using the Real Estate Seller Disclosure Form 17:

Complete Every Section: Make sure to fill out all areas of the form. Don't leave any spaces empty. If a question doesn't apply, check "N/A."
Initial and Date: It's crucial to initial and date each page of the disclosure statement and any attachments for your protection.
Timely Delivery: You need to deliver the completed disclosure statement within five business days after accepting a purchase agreement.
Material Facts: The disclosure is meant to inform potential buyers of any existing material facts or defects regarding the property.
Three-Day Right to Rescind: Buyers have the right to rescind the agreement within three business days of receiving the disclosure document.
Attach Explanations: If you answer "yes" to any question marked with an asterisk, provide an explanation on separate sheets, referencing the line number.
Seek Professional Inspections: Encourage buyers to get professional inspections for a thorough assessment of the property.
Disclosures Are Informational: Note that the disclosures made by the seller are not the legal representations of any real estate agent.
Understand Your Responsibilities: Be aware that failing to provide a completed disclosure can impact your agreement with the buyer.
Environment and Safety: Pay careful attention to environmental issues, such as past flooding or the presence of hazardous materials.

Using this form correctly can ease the sale process and build trust with potential buyers. Always prioritize transparency to avoid misunderstandings later on.

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