Seller Disclosure in Washington: What Form 17 Tells You (and Doesn't)

Complete guide to Washington Form 17 seller disclosure: section-by-section breakdown, red flags to watch for, and how to use disclosure information effectively.

Tags:seller-disclosure, form-17, washington, real-estate, legal-contracts, buying-process, disclosure, inspection
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The seller checks "No" for every question on the disclosure form. Perfect house, right? Not necessarily.

Washington State requires sellers to disclose known defects, but they only have to disclose what they know. If they never went in the crawlspace, they can honestly answer "Unknown" to moisture questions. If they ignored a problem, they might not "know" about it. Understanding what disclosures tell you—and what they don't—is critical.

This guide walks you through Washington Form 17 section by section, explaining what each question means, what red flags to watch for, and how to use disclosure information during your inspection and negotiation.

Table of Contents

Washington Form 17 Basics

What It Is

Official name: Seller Disclosure Statement (Form 17)

Required by: Washington State law (RCW 64.06)

Purpose:

  • Inform buyers of known defects
  • Protect sellers from future lawsuits
  • Help buyers make informed decisions

When provided:

  • Before or shortly after offer accepted
  • Typically within 5 days of mutual acceptance
  • Sometimes available before making offer

What Sellers Must Disclose

Known material defects:

  • Structural problems
  • System failures (roof, HVAC, plumbing, electrical)
  • Water damage or leaks
  • Environmental hazards
  • Legal issues (disputes, violations)

Key word: "Known"

  • Sellers only disclose what they know
  • Not required to inspect or investigate
  • Can answer "Unknown" if they don't know
  • But can't deliberately avoid knowing

What's Not Required

Cosmetic issues:

  • Ugly wallpaper
  • Dated finishes
  • Color choices
  • Personal taste items

Obvious defects:

  • Visible cracks
  • Worn carpet
  • Old appliances
  • Things you can see yourself

Future problems:

  • Systems that might fail
  • Potential issues
  • Speculation

Stigmatized property:

  • Death in home (not required in WA)
  • Paranormal activity
  • Criminal activity
  • Neighborhood reputation

Section-by-Section Guide

Section 1: Title

Questions about:

  • Ownership disputes
  • Boundary disputes
  • Easements or encroachments
  • Liens or judgments

What to look for:

  • Any "Yes" answers (investigate further)
  • Boundary disputes (survey may be needed)
  • Easements (check title report)

Red flags:

  • Ongoing disputes
  • Unresolved liens
  • Neighbor conflicts

Example:
"Is there a boundary dispute?" – Yes
What to do: Request survey, talk to neighbors, consider walking away

Section 2: Water

Questions about:

  • Water supply source
  • Water quality issues
  • Well information (if applicable)
  • Water rights

What to look for:

  • City water vs well
  • Any quality issues disclosed
  • Well age and condition
  • Shared wells (complicated)

Seattle-specific:

  • Most homes have city water
  • Wells more common in rural areas
  • Shared wells can be problematic

Red flags:

  • Water quality problems
  • Shared well disputes
  • Old well (30+ years)
  • No well records

Section 3: Sewer/Septic

Questions about:

  • Sewer or septic system
  • System age and condition
  • Any problems or repairs
  • Septic inspection date

What to look for:

  • City sewer vs septic
  • Septic age (20+ years = concern)
  • Recent problems
  • Inspection records

Seattle-specific:

  • Most Seattle homes have city sewer
  • Septic more common in suburbs/rural
  • Sewer scope recommended for older homes

Red flags:

  • Septic system over 20 years old
  • Recent backups or problems
  • No septic inspection records
  • Tree roots near sewer line

Action: Get sewer scope ($300–$500) for homes built pre-1980

Section 4: Structural

Questions about:

  • Foundation problems
  • Structural modifications
  • Settling or movement
  • Soil stability

What to look for:

  • Any foundation repairs
  • Unpermitted additions
  • Settling issues
  • Soil problems

Red flags:

  • Foundation cracks repaired
  • Ongoing settling
  • Expansive soil
  • Hillside property with movement

Action: Hire structural engineer ($500–$1,000) if any "Yes" answers

Section 5: Systems

Questions about:

  • Roof age and condition
  • Heating/cooling systems
  • Plumbing
  • Electrical
  • Other systems

What to look for:

  • Age of major systems
  • Recent repairs or replacements
  • Known problems
  • Upgrades or modifications

Seattle-specific:

  • Roof life: 20–30 years typical
  • HVAC life: 15–20 years
  • Many older homes lack AC
  • Moisture issues common

Red flags:

  • Roof over 20 years old
  • HVAC over 15 years old
  • Electrical panel issues
  • Plumbing leaks

Action: Budget for replacements if systems near end of life

Section 6: Interior

Questions about:

  • Water damage or leaks
  • Mold or mildew
  • Pest infestations
  • Smoke detectors

What to look for:

  • Any water damage history
  • Mold problems
  • Pest issues (rodents, insects)
  • Safety equipment

Seattle-specific:

  • Moisture and mold common in PNW
  • Rodents common in older homes
  • Carpenter ants in wood structures

Red flags:

  • Recurring water damage
  • Mold remediation history
  • Active pest infestation
  • No smoke/CO detectors

Action: Inspect carefully for moisture, mold, pest evidence

Section 7: Exterior

Questions about:

  • Drainage problems
  • Retaining walls
  • Decks and structures
  • Exterior damage

What to look for:

  • Drainage issues
  • Retaining wall condition
  • Deck safety
  • Siding condition

Seattle-specific:

  • Drainage critical in rainy climate
  • Retaining walls common on slopes
  • Decks often have moisture issues

Red flags:

  • Poor drainage toward foundation
  • Failing retaining walls
  • Rotting deck posts
  • Siding rot or damage

Action: Check drainage, inspect deck carefully, look for rot

Section 8: Environmental

Questions about:

  • Lead-based paint (pre-1978 homes)
  • Asbestos
  • Radon
  • Underground storage tanks
  • Hazardous materials

What to look for:

  • Home age (pre-1978 = likely lead paint)
  • Asbestos in older homes
  • UST history
  • Contamination

Seattle-specific:

  • Lead paint common in pre-1978 homes
  • Asbestos in homes built 1930s–1970s
  • Radon less common than other areas
  • Oil tanks in older homes

Red flags:

  • Known lead paint (if young children)
  • Asbestos not abated
  • Underground storage tank
  • Soil contamination

Action: Lead inspection if young children, asbestos inspection if renovating

Section 9: Homeowners Association

Questions about:

  • HOA existence
  • Fees and assessments
  • Violations
  • Pending litigation

What to look for:

  • HOA fees amount
  • Special assessments
  • Violations or fines
  • Lawsuits

Red flags:

  • High or increasing fees
  • Special assessments
  • Violations
  • Pending litigation

Action: Review HOA documents carefully (see our HOA Docs Guide)

Section 10: Other

Questions about:

  • Manufactured home
  • Flood zone
  • Shoreline property
  • Other material facts

What to look for:

  • Flood zone designation
  • Shoreline regulations
  • Any other issues

Seattle-specific:

  • Some areas in flood zones
  • Shoreline properties have restrictions
  • Landslide-prone areas

Red flags:

  • Flood zone (insurance required)
  • Landslide risk
  • Shoreline restrictions

Action: Check FEMA flood maps, research restrictions

Understanding "Unknown" Answers

What "Unknown" Means

Legally:

  • Seller doesn't know
  • Not required to investigate
  • Honest answer if they don't know

Practically:

  • May indicate lack of maintenance
  • Could hide problems
  • Requires extra diligence from you

When "Unknown" Is Acceptable

Reasonable scenarios:

  • Just moved in (owned < 1 year)
  • Never used certain systems
  • Inherited property
  • Rental property (tenant occupied)

Example:
"Any problems with septic system?" – Unknown
Acceptable if: Seller has city sewer, question doesn't apply

When "Unknown" Is Red Flag

Suspicious scenarios:

  • Multiple "Unknown" answers
  • Critical systems (roof, foundation, HVAC)
  • Seller owned home for many years
  • Recent problems likely

Example:
"Any roof leaks?" – Unknown
Red flag if: Seller lived there 10 years, Seattle has lots of rain

What to do:

  • Inspect extra carefully
  • Ask seller to clarify
  • Assume worst case
  • Budget for problems

Red Flags to Watch For

Pattern of "Yes" Answers

Multiple problems disclosed:

  • Indicates poor maintenance
  • Or problem property
  • Or honest seller (good)

What to do:

  • Get estimates for all repairs
  • Negotiate price reduction
  • Consider walking away if too many issues

Vague Explanations

Example:
"Foundation cracks repaired" – When? By whom? Warranty?

What to do:

  • Request details
  • Ask for receipts
  • Hire specialist to verify

Recent Repairs Without Details

Example:
"Roof repaired last year" – What was repaired? Full replacement or patch?

What to do:

  • Request invoices
  • Contact contractor
  • Verify scope of work
  • Check warranty

Contradictions

Example:

  • Disclosure says "No water damage"
  • But you see water stains during tour

What to do:

  • Point out to seller
  • Request explanation
  • Inspect thoroughly
  • Consider misrepresentation

Omissions

What's not mentioned:

  • Obvious problems not disclosed
  • Permits for additions
  • Neighborhood issues

What to do:

  • Ask directly
  • Research permits
  • Talk to neighbors

How to Use Disclosures

Before Making Offer

If available:

  • Review carefully
  • Note any concerns
  • Adjust offer price
  • Include contingencies

If not available:

  • Request before making offer
  • Or include disclosure review contingency
  • Protect yourself

During Inspection

Bring disclosure to inspection:

  • Inspector can verify claims
  • Check disclosed repairs
  • Look for undisclosed issues

Focus on disclosed problems:

  • Verify they're fixed
  • Or still exist
  • Get estimates

Look for undisclosed issues:

  • Inspector may find problems
  • Compare to disclosure
  • Possible misrepresentation

Negotiating Repairs

Use disclosure as evidence:

  • Seller admitted problem
  • Should repair or credit
  • Harder for seller to deny

Example:

  • Disclosure: "Roof leaks in heavy rain"
  • Inspection confirms leak
  • Request: Repair or $8,000 credit

Your Rights

If Seller Lies

Misrepresentation:

  • Seller knowingly provides false information
  • You rely on it
  • You're damaged

Your remedies:

  • Cancel and get earnest money back
  • Sue for damages
  • Sue for rescission (undo sale)

Example:

  • Seller says "No foundation problems"
  • Seller knew about cracks
  • You discover after closing
  • You can sue

If Seller Omits Information

Failure to disclose:

  • Seller knows about defect
  • Doesn't disclose
  • Material defect

Your remedies:

  • Same as misrepresentation
  • Cancel or sue

Example:

  • Seller knows roof leaks
  • Doesn't disclose
  • You discover after closing
  • You can sue

Burden of Proof

You must prove:

  • Seller knew about defect
  • Seller didn't disclose
  • You didn't know
  • You were damaged

Challenges:

  • Hard to prove seller knew
  • Seller can claim "Unknown"
  • Expensive to litigate

Better approach:

  • Thorough inspection
  • Assume worst case
  • Protect yourself upfront

Questions to Ask Seller

Based on Disclosure Answers

If "Yes" to problems:

  • When did problem occur?
  • What was done to fix it?
  • Who did the work?
  • Is there warranty?
  • Any recurring issues?

If "Unknown" answers:

  • Why don't you know?
  • Have you noticed any signs?
  • When was system last serviced?
  • Any concerns?

If recent repairs:

  • What exactly was done?
  • Who did the work?
  • Can I see invoices?
  • Is there warranty?
  • Why was repair needed?

General Questions

Maintenance:

  • What maintenance have you done?
  • When was roof last inspected?
  • When was HVAC serviced?
  • Any deferred maintenance?

Problems:

  • Any issues not on disclosure?
  • Any neighbor disputes?
  • Any code violations?
  • Any insurance claims?

Systems:

  • Age of major systems?
  • Any problems with systems?
  • Any upgrades or replacements?

Neighborhood:

  • Any neighborhood issues?
  • Any planned development?
  • Any noise or nuisance?

Summary: Key Takeaways

  • Washington Form 17 required by state law
  • Sellers disclose known defects, not required to investigate
  • "Unknown" answers may indicate lack of maintenance or hidden problems
  • Red flags: multiple "Yes" answers, vague explanations, contradictions
  • Use disclosure during inspection to verify claims
  • You have rights if seller lies or omits material information
  • Ask detailed questions about any disclosed problems
  • Thorough inspection is your best protection

Next Steps

  1. Review disclosure carefully as soon as received
  2. Note all "Yes" and "Unknown" answers for follow-up
  3. Ask seller for clarification on vague answers
  4. Bring disclosure to inspection for inspector to verify
  5. Compare inspection findings to disclosure
  6. Request repairs or credits for disclosed problems
  7. Consider walking away if too many undisclosed issues found

Related articles:

Additional Resources

Washington State law:

  • RCW 64.06: Seller disclosure law
  • Form 17: Available through your agent

Legal help:

  • Washington State Bar Association: wsba.org
  • Real estate attorneys: for misrepresentation cases

Your agent:

  • Reviews disclosure with you
  • Asks seller for clarifications
  • Helps interpret answers
  • Protects your interests

Disclaimer: This guide provides general information about Washington seller disclosure requirements. Disclosure laws and requirements may change. Always consult with a qualified real estate attorney for legal advice specific to your situation. This is not legal advice.

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