title: RCW 64.06.020

text:
(1) In a transaction for the sale of improved residential real property, the seller shall, unless the buyer has expressly waived the right to receive the disclosure statement under RCW 64.06.010, or unless the transfer is otherwise exempt under RCW 64.06.010, deliver to the buyer a completed seller disclosure statement in the following format and that contains, at a minimum, the following information:
INSTRUCTIONS TO THE SELLER
Please complete the following form. Do not leave any spaces blank. If the question clearly does not apply to the property write "NA." If the answer is "yes" to any * items, please explain on attached sheets. Please refer to the line number(s) of the question(s) when you provide your explanation(s). For your protection you must date and sign each page of this disclosure statement and each attachment. Delivery of the disclosure statement must occur not later than five business days, unless otherwise agreed, after mutual acceptance of a written contract to purchase between a buyer and a seller.
NOTICE TO THE BUYER
THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITION OF THE PROPERTY LOCATED AT. . . .
("THE PROPERTY"), OR AS LEGALLY DESCRIBED ON 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 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 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:
*If you answer "Yes" to a question with an asterisk (*), please explain your answer and attach documents, if available and not otherwise publicly recorded. If necessary, use an attached sheet.
1. TITLE
[ ] Yes
[ ] No
[ ] Don't know
A. Do you have legal authority to sell the property? If no, please explain.
[ ] Yes
[ ] No
[ ] Don't know
*B. Is title to the property subject to any of the following?
(1) First right of refusal
(2) Option
(3) Lease or rental agreement
(4) Life estate?
[ ] Yes
[ ] No
[ ] Don't know
*C. Are there any encroachments, boundary agreements, or boundary disputes?
[ ] Yes
[ ] No
[ ] Don't know
*D. Is there a private road or easement agreement for access to the property?
[ ] Yes
[ ] No
[ ] Don't know
*E. Are there any rights-of-way, easements, or access limitations that may affect the Buyer's use of the property?
[ ] Yes
[ ] No
[ ] Don't know
*F. Are there any written agreements for joint maintenance of an easement or right-of-way?
[ ] Yes
[ ] No
[ ] Don't know
*G. Is there any study, survey project, or notice that would adversely affect the property?
[ ] Yes
[ ] No
[ ] Don't know
*H. Are there any pending or existing assessments against the property?
[ ] Yes
[ ] No
[ ] Don't know
*I. Are there any zoning violations, nonconforming uses, or any unusual restrictions on the property that would affect future construction or remodeling?
[ ] Yes
[ ] No
[ ] Don't know
*J. Is there a boundary survey for the property?
[ ] Yes
[ ] No
[ ] Don't know
*K. Are there any covenants, conditions, or restrictions recorded against the property?
NOTICE TO THE BUYER: Covenants or deed restrictions based on race, creed, sexual orientation, or other protected class were voided by RCW 49.60.224 and are unenforceable. Washington law allows for the illegal language to be struck by bringing an action in superior court or by the free recording of a restrictive covenant modification document. Many county auditor websites provide a short form with instructions on this process.
2. WATER
A. Household Water
(1) The source of water for the property is:
[ ] Private or publicly owned water system
[ ] Private well serving only the subject property . . . . . .
*[ ] Other water system
[ ] Yes
[ ] No
[ ] Don't know
*If shared, are there any written agreements?
[ ] Yes
[ ] No
[ ] Don't know
*(2) Is there an easement (recorded or unrecorded) for access to and/or maintenance of the water source?
[ ] Yes
[ ] No
[ ] Don't know
*(3) Are there any problems or repairs needed?
[ ] Yes
[ ] No
[ ] Don't know
(4) During your ownership, has the source provided an adequate year-round supply of potable water? If no, please explain.
[ ] Yes
[ ] No
[ ] Don't know
*(5) Are there any water treatment systems for the property? If yes, are they [ ] Leased [ ] Owned
[ ] Yes
[ ] No
[ ] Don't know
*(6) Are there any water rights for the property associated with its domestic water supply, such as a water right permit, certificate, or claim?
[ ] Yes
[ ] No
[ ] Don't know
(a) If yes, has the water right permit, certificate, or claim been assigned, transferred, or changed?
*(b) If yes, has all or any portion of the water right not been used for five or more successive years?
[ ] Yes
[ ] No
[ ] Don't know
*(7) Are there any defects in the operation of the water system (e.g. pipes, tank, pump, etc.)?
B. Irrigation Water
[ ] Yes
[ ] No
[ ] Don't know
(1) Are there any irrigation water rights for the property, such as a water right permit, certificate, or claim?
[ ] Yes
[ ] No
[ ] Don't know
*(a) If yes, has all or any portion of the water right not been used for five or more successive years?
[ ] Yes
[ ] No
[ ] Don't know
*(b) If so, is the certificate available? (If yes, please attach a copy.)
[ ] Yes
[ ] No
[ ] Don't know
*(c) If so, has the water right permit, certificate, or claim been assigned, transferred, or changed?
[ ] Yes
[ ] No
[ ] Don't know
*(2) Does the property receive irrigation water from a ditch company, irrigation district, or other entity? If so, please identify the entity that supplies water to the property:
C. Outdoor Sprinkler System
[ ] Yes
[ ] No
[ ] Don't know
(1) Is there an outdoor sprinkler system for the property?
[ ] Yes
[ ] No
[ ] Don't know
*(2) If yes, are there any defects in the system?
[ ] Yes
[ ] No
[ ] Don't know
*(3) If yes, is the sprinkler system connected to irrigation water?
3. SEWER/ON-SITE SEWAGE SYSTEM
A. The property is served by:
[ ] Public sewer system,
[ ] On-site sewage system (including pipes, tanks, drainfields, and all other component parts)
[ ] Other disposal system, please describe:
[ ] Yes
[ ] No
[ ] Don't know
B. If public sewer system service is available to the property, is the house connected to the sewer main? If no, please explain.
[ ] Yes
[ ] No
[ ] Don't know
*C. Is the property subject to any sewage system fees or charges in addition to those covered in your regularly billed sewer or on-site sewage system maintenance service?
D. If the property is connected to an on-site sewage system:
[ ] Yes
[ ] No
[ ] Don't know
*(1) Was a permit issued for its construction, and was it approved by the local health department or district following its construction?
(2) When was it last pumped?
. . . . . . .
[ ] Yes
[ ] No
[ ] Don't know
*(3) Are there any defects in the operation of the on-site sewage system?
[ ] Don't know
(4) When was it last inspected?
. . . . . . .
By whom: . . . .
[ ] Don't know
(5) For how many bedrooms was the on-site sewage system approved?
. . . . bedrooms
[ ] Yes
[ ] No
[ ] Don't know
E. Are all plumbing fixtures, including laundry drain, connected to the sewer/on-site sewage system? If no, please explain: . . . .
[ ] Yes
[ ] No
[ ] Don't know
*F. Have there been any changes or repairs to the on-site sewage system?
[ ] Yes
[ ] No
[ ] Don't know
G. Is the on-site sewage system, including the drainfield, located entirely within the boundaries of the property? If no, please explain.
. . . .
[ ] Yes
[ ] No
[ ] Don't know
*H. Does the on-site sewage system require monitoring and maintenance services more frequently than once a year?
. . . .
NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE STATEMENT IS BEING COMPLETED FOR NEW CONSTRUCTION WHICH HAS NEVER BEEN OCCUPIED, THE SELLER IS NOT REQUIRED TO COMPLETE THE QUESTIONS LISTED IN ITEM 4. STRUCTURAL OR ITEM 5. SYSTEMS AND FIXTURES
4. STRUCTURAL
[ ] Yes
[ ] No
[ ] Don't know
*A. Has the roof leaked within the last five years?
[ ] Yes
[ ] No
[ ] Don't know
*B. Has the basement flooded or leaked?
[ ] Yes
[ ] No
[ ] Don't know
*C. Have there been any conversions, additions, or remodeling?
[ ] Yes
[ ] No
[ ] Don't know
*(1) If yes, were all building permits obtained?
[ ] Yes
[ ] No
[ ] Don't know
*(2) If yes, were all final inspections obtained?
[ ] Yes
[ ] No
[ ] Don't know
D. Do you know the age of the house? If yes, year of original construction:
[ ] Yes
[ ] No
[ ] Don't know
*E. Has there been any settling, slippage, or sliding of the property or its improvements?
[ ] Yes
[ ] No
[ ] Don't know
*F. Are there any defects with the following: (If yes, please check applicable items and explain.)
□ Foundations
□ Decks
□ Exterior Walls
□ Chimneys
□ Interior Walls
□ Fire Alarm
□ Doors
□ Windows
□ Patio
□ Ceilings
□ Slab Floors
□ Driveways
□ Pools
□ Hot Tub
□ Sauna
□ Sidewalks
□ Outbuildings
□ Fireplaces
□ Garage Floors
□ Walkways
□ Siding
□ Other
□ Woodstoves
□ Elevators
□ Incline Elevators
□ Stairway Chair Lifts
□ Wheelchair Lifts
[ ] Yes
[ ] No
[ ] Don't know
*G. Was a structural pest or "whole house" inspection done? If yes, when and by whom was the inspection completed? . . . .
[ ] Yes
[ ] No
[ ] Don't know
H. During your ownership, has the property had any wood destroying organism or pest infestation?
[ ] Yes
[ ] No
[ ] Don't know
I. Is the attic insulated?
[ ] Yes
[ ] No
[ ] Don't know
J. Is the basement insulated?
5. SYSTEMS AND FIXTURES
*A. If any of the following systems or fixtures are included with the transfer, are there any defects? If yes, please explain.
[ ] Yes
[ ] No
[ ] Don't know
Electrical system, including wiring, switches, outlets, and service
[ ] Yes
[ ] No
[ ] Don't know
Plumbing system, including pipes, faucets, fixtures, and toilets
[ ] Yes
[ ] No
[ ] Don't know
Hot water tank
[ ] Yes
[ ] No
[ ] Don't know
Garbage disposal
[ ] Yes
[ ] No
[ ] Don't know
Appliances
[ ] Yes
[ ] No
[ ] Don't know
Sump pump
[ ] Yes
[ ] No
[ ] Don't know
Heating and cooling systems
[ ] Yes
[ ] No
[ ] Don't know
Security system
[ ] Owned [ ] Leased
Other . . . .
*B. If any of the following fixtures or property is included with the transfer, are they leased? (If yes, please attach copy of lease.)
[ ] Yes
[ ] No
[ ] Don't know
Security system . . . . . .
[ ] Yes
[ ] No
[ ] Don't know
Tanks (type): . . . . . .
[ ] Yes
[ ] No
[ ] Don't know
Satellite dish . . . . . .
Other: . . . . . .
*C. Are any of the following kinds of wood burning appliances present at the property?
[ ] Yes
[ ] No
[ ] Don't know
(1) Woodstove?
[ ] Yes
[ ] No
[ ] Don't know
(2) Fireplace insert?
[ ] Yes
[ ] No
[ ] Don't know
(3) Pellet stove?
[ ] Yes
[ ] No
[ ] Don't know
(4) Fireplace?
[ ] Yes
[ ] No
[ ] Don't know
If yes, are all of the (1) woodstoves or (2) fireplace inserts certified by the U.S. Environmental Protection Agency as clean burning appliances to improve air quality and public health?
[ ] Yes
[ ] No
[ ] Don't know
D. Is the property located within a city, county, or district or within a department of natural resources fire protection zone that provides fire protection services?
[ ] Yes
[ ] No
[ ] Don't know
E. Is the property equipped with carbon monoxide alarms?
(Note: Pursuant to RCW 19.27.530, seller must equip the residence with carbon monoxide alarms as required by the state building code.)
[ ] Yes
[ ] No
[ ] Don't know
F. Is the property equipped with smoke detection devices?
(Note: Pursuant to RCW 43.44.110, if the property is not equipped with at least one smoke detection device, at least one must be provided by the seller.)
[ ] Yes
[ ] No
[ ] Don't know
G. Does the property currently have internet service?
[ ] Don't know
Provider . . . . . .
6. HOMEOWNERS' ASSOCIATION/COMMON INTERESTS
[ ] Yes
[ ] No
[ ] Don't know
A. Is there a Homeowners' Association? Name of Association and contact information for an officer, director, employee, or other authorized agent, if any, who may provide the association's financial statements, minutes, bylaws, fining policy, and other information that is not publicly available:
[ ] Yes
[ ] No
[ ] Don't know
B. Are there regular periodic assessments:
$ . . . per [ ] Month [ ] Year
[ ] Other . . . .
[ ] Yes
[ ] No
[ ] Don't know
*C. Are there any pending special assessments?
[ ] Yes
[ ] No
[ ] Don't know
*D. Are there any shared "common areas" or any joint maintenance agreements (facilities such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas co-owned in undivided interest with others)?
[ ] Yes
[ ] No
[ ] Don't know
*E. Have there been any modifications or remodeling?
[ ] Yes
[ ] No
[ ] Don't know
If yes, were all necessary homeowners' association approvals obtained?
7. ENVIRONMENTAL
[ ] Yes
[ ] No
[ ] Don't know
*A. Have there been any flooding, standing water, or drainage problems on the property that affect the property or access to the property?
[ ] Yes
[ ] No
[ ] Don't know
*B. Does any part of the property contain fill dirt, waste, or other fill material?
[ ] Yes
[ ] No
[ ] Don't know
*C. Is there any material damage to the property from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides?
[ ] Yes
[ ] No
[ ] Don't know
D. Are there any shorelines, wetlands, floodplains, or critical areas on the property?
[ ] Yes
[ ] No
[ ] Don't know
*E. Are there any substances, materials, or products in or on the property that may be environmental concerns, such as asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, or contaminated soil or water?
[ ] Yes
[ ] No
[ ] Don't know
*F. Has the property been used for commercial or industrial purposes?
[ ] Yes
[ ] No
[ ] Don't know
*G. Is there any soil or groundwater contamination?
[ ] Yes
[ ] No
[ ] Don't know
*H. Are there transmission poles or other electrical utility equipment installed, maintained, or buried on the property that do not provide utility service to the structures on the property?
[ ] Yes
[ ] No
[ ] Don't know
*I. Has the property been used as a legal or illegal dumping site?
[ ] Yes
[ ] No
[ ] Don't know
*J. Has the property been used as an illegal drug manufacturing site?
[ ] Yes
[ ] No
[ ] Don't know
*K. Are there any radio towers in the area that cause interference with cellular telephone reception?
8. MANUFACTURED AND MOBILE HOMES
If the property includes a manufactured or mobile home,
[ ] Yes
[ ] No
[ ] Don't know
*A. Did you make any alterations to the home? If yes, please describe the alterations: . . . . . . . . . .
[ ] Yes
[ ] No
[ ] Don't know
*B. Did any previous owner make any alterations to the home?
[ ] Yes
[ ] No
[ ] Don't know
*C. If alterations were made, were permits or variances for these alterations obtained?
9. FULL DISCLOSURE BY SELLERS
A. Other conditions or defects:
[ ] Yes
[ ] No
[ ] Don't know
*Are there any other existing material defects affecting the property that a prospective buyer should know about?
B. Verification:
The foregoing answers and attached explanations (if any) are complete and correct to the best of my/our knowledge and I/we have received a copy hereof. I/we authorize all of my/our real estate licensees, if any, to deliver a copy of this disclosure statement to other real estate licensees and all prospective buyers of the property.
DATE . . . .
SELLER . . . .
SELLER . . . .
NOTICE TO THE BUYER
INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY
BE OBTAINED FROM LOCAL LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS.
II. BUYER'S ACKNOWLEDGMENT
A.
Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to any material defects that are known to Buyer or can be known to Buyer by utilizing diligent attention and observation.
B.
The disclosures set forth in this statement and in any amendments to this statement are made only by the Seller and not by any real estate licensee or other party.
C.
Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are not liable for inaccurate information provided by Seller, except to the extent that real estate licensees know of such inaccurate information.
D.
This information is for disclosure only and is not intended to be a part of the written agreement between the Buyer and Seller.
E.
Buyer (which term includes all persons signing the "Buyer's acceptance" portion of this disclosure statement below) has received a copy of this Disclosure Statement (including attachments, if any) bearing Seller's signature.
DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT.
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY.
DATE . . . . . . . BUYER . . . . . . . . . BUYER. . . .
(2) If the disclosure statement is being completed for new construction which has never been occupied, the disclosure statement is not required to contain and the seller is not required to complete the questions listed in item 4. Structural or item 5. Systems and Fixtures.
(3) The seller disclosure statement shall be for disclosure only, and shall not be considered part of any written agreement between the buyer and seller of residential property. The seller disclosure statement shall be only a disclosure made by the seller, and not any real estate licensee involved in the transaction, and shall not be construed as a warranty of any kind by the seller or any real estate licensee involved in the transaction.
[ 2026 c 194 s 2. Prior: 2021 c 256 s 3; 2021 c 25 s 1; 2019 c 455 s 3; 2015 c 110 s 1; 2012 c 132 s 2; 2011 c 200 s 4; prior: 2009 c 505 s 3; 2009 c 130 s 2; 2007 c 107 s 4; 2004 c 114 s 1; 2003 c 200 s 1; 1996 c 301 s 2; 1994 c 200 s 3.]
Notes:
Findings—Intent—Application—2021 c 256: See notes following RCW 49.60.525.
Application—2021 c 25: "This act applies to real estate transactions entered into on or after January 1, 2022." [ 2021 c 25 s 2.]
Application—2019 c 455 s 3: "Section 3 of this act is effective for real estate transactions entered into on or after January 1, 2020." [ 2019 c 455 s 6.]
Short title—2019 c 455: See note following RCW 43.44.110.
Application—2015 c 110 s 1: "Section 1 of this act applies only to real estate transactions for which a purchase and sale agreement is entered into after July 24, 2015." [ 2015 c 110 s 2.]
Findings—2012 c 132: "The legislature finds that the state building code council has adopted rules relating to laws on installation of carbon monoxide alarms in homes and buildings. The legislature finds that amending the state's real estate seller disclosure forms and ensuring that the responsibility for carbon monoxide alarms is that of the seller, will aid in implementing this law." [ 2012 c 132 s 1.]
Application—2012 c 132 ss 2 and 3: "Sections 2 and 3 of this act only apply to real estate transactions for which a purchase and sale agreement is entered into after June 7, 2012." [ 2012 c 132 s 5.]
Application—2009 c 505: See note following RCW 64.06.005.
Findings—Intent—2007 c 107: See note following RCW 64.06.015.
Application—Effective date—2004 c 114: See notes following RCW 64.06.021.
Effective date—1996 c 301 s 2: "Section 2 of this act shall take effect July 1, 1996." [ 1996 c 301 s 7.]
PDF
RCW 64.06.020
Improved residential real property—Seller's duty—Format of disclosure statement—Minimum information. (Effective January 1, 2027.)
(1) In a transaction for the sale of improved residential real property, the seller shall, unless the buyer has expressly waived the right to receive the disclosure statement under RCW 64.06.010, or unless the transfer is otherwise exempt under RCW 64.06.010, deliver to the buyer a completed seller disclosure statement in the following format and that contains, at a minimum, the following information:
INSTRUCTIONS TO THE SELLER
Please complete the following form. Do not leave any spaces blank. If the question clearly does not apply to the property write "NA." If the answer is "yes" to any * items, please explain on attached sheets. Please refer to the line number(s) of the question(s) when you provide your explanation(s). For your protection you must date and sign each page of this disclosure statement and each attachment. Delivery of the disclosure statement must occur not later than five business days, unless otherwise agreed, after mutual acceptance of a written contract to purchase between a buyer and a seller.
NOTICE TO THE BUYER
THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITION OF THE PROPERTY LOCATED AT. . . .
("THE PROPERTY"), OR AS LEGALLY DESCRIBED ON 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 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 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:
*If you answer "Yes" to a question with an asterisk (*), please explain your answer and attach documents, if available and not otherwise publicly recorded. If necessary, use an attached sheet.
1. TITLE
[ ] Yes
[ ] No
[ ] Don't know
A. Do you have legal authority to sell the property? If no, please explain.
[ ] Yes
[ ] No
[ ] Don't know
*B. Is title to the property subject to any of the following?
(1) First right of refusal
(2) Option
(3) Lease or rental agreement
(4) Life estate?
[ ] Yes
[ ] No
[ ] Don't know
*C. Are there any encroachments, boundary agreements, or boundary disputes?
[ ] Yes
[ ] No
[ ] Don't know
*D. Is there a private road or easement agreement for access to the property?
[ ] Yes
[ ] No
[ ] Don't know
*E. Are there any rights-of-way, easements, or access limitations that may affect the Buyer's use of the property?
[ ] Yes
[ ] No
[ ] Don't know
*F. Are there any written agreements for joint maintenance of an easement or right-of-way?
[ ] Yes
[ ] No
[ ] Don't know
*G. Is there any study, survey project, or notice that would adversely affect the property?
[ ] Yes
[ ] No
[ ] Don't know
*H. Are there any pending or existing assessments against the property?
[ ] Yes
[ ] No
[ ] Don't know
*I. Are there any zoning violations, nonconforming uses, or any unusual restrictions on the property that would affect future construction or remodeling?
[ ] Yes
[ ] No
[ ] Don't know
*J. Is there a boundary survey for the property?
[ ] Yes
[ ] No
[ ] Don't know
*K. Are there any covenants, conditions, or restrictions recorded against the property?
NOTICE TO THE BUYER: Covenants or deed restrictions based on race, creed, sexual orientation, or other protected class were voided by RCW 49.60.224 and are unenforceable. Washington law allows for the illegal language to be struck by bringing an action in superior court or by the free recording of a restrictive covenant modification document. Many county auditor websites provide a short form with instructions on this process.
2. WATER
A. Household Water
(1) The source of water for the property is:
[ ] Private or publicly owned water system
[ ] Private well serving only the subject property . . . . . .
*[ ] Other water system
[ ] Yes
[ ] No
[ ] Don't know
*If shared, are there any written agreements?
[ ] Yes
[ ] No
[ ] Don't know
*(2) Is there an easement (recorded or unrecorded) for access to and/or maintenance of the water source?
[ ] Yes
[ ] No
[ ] Don't know
*(3) Are there any problems or repairs needed?
[ ] Yes
[ ] No
[ ] Don't know
(4) During your ownership, has the source provided an adequate year-round supply of potable water? If no, please explain.
[ ] Yes
[ ] No
[ ] Don't know
*(5) Are there any water treatment systems for the property? If yes, are they [ ] Leased [ ] Owned
[ ] Yes
[ ] No
[ ] Don't know
*(6) Are there any water rights for the property associated with its domestic water supply, such as a water right permit, certificate, or claim?
[ ] Yes
[ ] No
[ ] Don't know
(a) If yes, has the water right permit, certificate, or claim been assigned, transferred, or changed?
*(b) If yes, has all or any portion of the water right not been used for five or more successive years?
[ ] Yes
[ ] No
[ ] Don't know
*(7) Are there any defects in the operation of the water system (e.g. pipes, tank, pump, etc.)?
B. Irrigation Water
[ ] Yes
[ ] No
[ ] Don't know
(1) Are there any irrigation water rights for the property, such as a water right permit, certificate, or claim?
[ ] Yes
[ ] No
[ ] Don't know
*(a) If yes, has all or any portion of the water right not been used for five or more successive years?
[ ] Yes
[ ] No
[ ] Don't know
*(b) If so, is the certificate available? (If yes, please attach a copy.)
[ ] Yes
[ ] No
[ ] Don't know
*(c) If so, has the water right permit, certificate, or claim been assigned, transferred, or changed?
[ ] Yes
[ ] No
[ ] Don't know
*(2) Does the property receive irrigation water from a ditch company, irrigation district, or other entity? If so, please identify the entity that supplies water to the property:
C. Outdoor Sprinkler System
[ ] Yes
[ ] No
[ ] Don't know
(1) Is there an outdoor sprinkler system for the property?
[ ] Yes
[ ] No
[ ] Don't know
*(2) If yes, are there any defects in the system?
[ ] Yes
[ ] No
[ ] Don't know
*(3) If yes, is the sprinkler system connected to irrigation water?
3. SEWER/ON-SITE SEWAGE SYSTEM
A. The property is served by:
[ ] Public sewer system,
[ ] On-site sewage system (including pipes, tanks, drainfields, and all other component parts)
[ ] Other disposal system, please describe:
[ ] Yes
[ ] No
[ ] Don't know
B. If public sewer system service is available to the property, is the house connected to the sewer main? If no, please explain.
[ ] Yes
[ ] No
[ ] Don't know
*C. Is the property subject to any sewage system fees or charges in addition to those covered in your regularly billed sewer or on-site sewage system maintenance service?
D. If the property is connected to an on-site sewage system:
[ ] Yes
[ ] No
[ ] Don't know
*(1) Was a permit issued for its construction, and was it approved by the local health department or district following its construction?
(2) When was it last pumped?
. . . . . . .
[ ] Yes
[ ] No
[ ] Don't know
*(3) Are there any defects in the operation of the on-site sewage system?
[ ] Don't know
(4) When was it last inspected?
. . . . . . .
By whom: . . . .
[ ] Don't know
(5) For how many bedrooms was the on-site sewage system approved?
. . . . bedrooms
[ ] Yes
[ ] No
[ ] Don't know
E. Are all plumbing fixtures, including laundry drain, connected to the sewer/on-site sewage system? If no, please explain: . . . .
[ ] Yes
[ ] No
[ ] Don't know
*F. Have there been any changes or repairs to the on-site sewage system?
[ ] Yes
[ ] No
[ ] Don't know
G. Is the on-site sewage system, including the drainfield, located entirely within the boundaries of the property? If no, please explain.
. . . .
[ ] Yes
[ ] No
[ ] Don't know
*H. Does the on-site sewage system require monitoring and maintenance services more frequently than once a year?
. . . .
NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE STATEMENT IS BEING COMPLETED FOR NEW CONSTRUCTION WHICH HAS NEVER BEEN OCCUPIED, THE SELLER IS NOT REQUIRED TO COMPLETE THE QUESTIONS LISTED IN ITEM 4. STRUCTURAL OR ITEM 5. SYSTEMS AND FIXTURES
4. STRUCTURAL
[ ] Yes
[ ] No
[ ] Don't know
*A. Has the roof leaked within the last five years?
[ ] Yes
[ ] No
[ ] Don't know
*B. Has the basement flooded or leaked?
[ ] Yes
[ ] No
[ ] Don't know
*C. Have there been any conversions, additions, or remodeling?
[ ] Yes
[ ] No
[ ] Don't know
*(1) If yes, were all building permits obtained?
[ ] Yes
[ ] No
[ ] Don't know
*(2) If yes, were all final inspections obtained?
[ ] Yes
[ ] No
[ ] Don't know
D. Do you know the age of the house? If yes, year of original construction:
[ ] Yes
[ ] No
[ ] Don't know
*E. Has there been any settling, slippage, or sliding of the property or its improvements?
[ ] Yes
[ ] No
[ ] Don't know
*F. Are there any defects with the following: (If yes, please check applicable items and explain.)
□ Foundations
□ Decks
□ Exterior Walls
□ Chimneys
□ Interior Walls
□ Fire Alarm
□ Doors
□ Windows
□ Patio
□ Ceilings
□ Slab Floors
□ Driveways
□ Pools
□ Hot Tub
□ Sauna
□ Sidewalks
□ Outbuildings
□ Fireplaces
□ Garage Floors
□ Walkways
□ Siding
□ Other
□ Woodstoves
□ Elevators
□ Incline Elevators
□ Stairway Chair Lifts
□ Wheelchair Lifts
[ ] Yes
[ ] No
[ ] Don't know
*G. Was a structural pest or "whole house" inspection done? If yes, when and by whom was the inspection completed? . . . .
[ ] Yes
[ ] No
[ ] Don't know
H. During your ownership, has the property had any wood destroying organism or pest infestation?
[ ] Yes
[ ] No
[ ] Don't know
I. Is the attic insulated?
[ ] Yes
[ ] No
[ ] Don't know
J. Is the basement insulated?
5. SYSTEMS AND FIXTURES
*A. If any of the following systems or fixtures are included with the transfer, are there any defects? If yes, please explain.
[ ] Yes
[ ] No
[ ] Don't know
Electrical system, including wiring, switches, outlets, and service
[ ] Yes
[ ] No
[ ] Don't know
Plumbing system, including pipes, faucets, fixtures, and toilets
[ ] Yes
[ ] No
[ ] Don't know
Hot water tank
[ ] Yes
[ ] No
[ ] Don't know
Garbage disposal
[ ] Yes
[ ] No
[ ] Don't know
Appliances
[ ] Yes
[ ] No
[ ] Don't know
Sump pump
[ ] Yes
[ ] No
[ ] Don't know
Heating and cooling systems
[ ] Yes
[ ] No
[ ] Don't know
Security system
[ ] Owned [ ] Leased
Other . . . .
*B. If any of the following fixtures or property is included with the transfer, are they leased? (If yes, please attach copy of lease.)
[ ] Yes
[ ] No
[ ] Don't know
Security system . . . . . .
[ ] Yes
[ ] No
[ ] Don't know
Tanks (type): . . . . . .
[ ] Yes
[ ] No
[ ] Don't know
Satellite dish . . . . . .
Other: . . . . . .
*C. Are any of the following kinds of wood burning appliances present at the property?
[ ] Yes
[ ] No
[ ] Don't know
(1) Woodstove?
[ ] Yes
[ ] No
[ ] Don't know
(2) Fireplace insert?
[ ] Yes
[ ] No
[ ] Don't know
(3) Pellet stove?
[ ] Yes
[ ] No
[ ] Don't know
(4) Fireplace?
[ ] Yes
[ ] No
[ ] Don't know
If yes, are all of the (1) woodstoves or (2) fireplace inserts certified by the U.S. Environmental Protection Agency as clean burning appliances to improve air quality and public health?
[ ] Yes
[ ] No
[ ] Don't know
D. Is the property located within a city, county, or district or within a department of natural resources fire protection zone that provides fire protection services?
[ ] Yes
[ ] No
[ ] Don't know
E. Is the property equipped with carbon monoxide alarms?
(Note: Pursuant to RCW 19.27.530, seller must equip the residence with carbon monoxide alarms as required by the state building code.)
[ ] Yes
[ ] No
[ ] Don't know
F. Is the property equipped with smoke detection devices?
(Note: Pursuant to RCW 43.44.110, if the property is not equipped with at least one smoke detection device, at least one must be provided by the seller.)
[ ] Yes
[ ] No
[ ] Don't know
G. Does the property currently have internet service?
[ ] Don't know
Provider . . . . . .
6. HOMEOWNERS' ASSOCIATION/COMMON INTERESTS
[ ] Yes
[ ] No
[ ] Don't know
A. Is there a Homeowners' Association? Name of Association and contact information for an officer, director, employee, or other authorized agent, if any, who may provide the association's financial statements, minutes, bylaws, fining policy, and other information that is not publicly available:
[ ] Yes
[ ] No
[ ] Don't know
B. Are there regular periodic assessments:
$ . . . per [ ] Month [ ] Year
[ ] Other . . . .
[ ] Yes
[ ] No
[ ] Don't know
*C. Are there any pending special assessments?
[ ] Yes
[ ] No
[ ] Don't know
*D. Are there any shared "common areas" or any joint maintenance agreements (facilities such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas co-owned in undivided interest with others)?
[ ] Yes
[ ] No
[ ] Don't know
*E. Have there been any modifications or remodeling?
[ ] Yes
[ ] No
[ ] Don't know
If yes, were all necessary homeowners' association approvals obtained?
7. ENVIRONMENTAL
[ ] Yes
[ ] No
[ ] Don't know
*A. Have there been any flooding, standing water, or drainage problems on the property that affect the property or access to the property?
[ ] Yes
[ ] No
[ ] Don't know
*B. Does any part of the property contain fill dirt, waste, or other fill material?
[ ] Yes
[ ] No
[ ] Don't know
*C. Is there any material damage to the property from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides?
[ ] Yes
[ ] No
[ ] Don't know
D. Are there any shorelines, wetlands, floodplains, or critical areas on the property?
[ ] Yes
[ ] No
[ ] Don't know
*E. Are there any substances, materials, or products in or on the property that may be environmental concerns, such as asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, or contaminated soil or water?
[ ] Yes
[ ] No
[ ] Don't know
*F. Has the property been used for commercial or industrial purposes?
[ ] Yes
[ ] No
[ ] Don't know
*G. Is there any soil or groundwater contamination?
[ ] Yes
[ ] No
[ ] Don't know
*H. Are there transmission poles or other electrical utility equipment installed, maintained, or buried on the property that do not provide utility service to the structures on the property?
[ ] Yes
[ ] No
[ ] Don't know
*I. Has the property been used as a legal or illegal dumping site?
[ ] Yes
[ ] No
[ ] Don't know
*J. Has the property been used as an illegal drug manufacturing site?
[ ] Yes
[ ] No
[ ] Don't know
*K. Are there any radio towers in the area that cause interference with cellular telephone reception?
[ ] Yes
[ ] No
[ ] Don't know
L. Does the property include a family burial ground, mausoleum, or columbarium?
8. MANUFACTURED AND MOBILE HOMES
If the property includes a manufactured or mobile home,
[ ] Yes
[ ] No
[ ] Don't know
*A. Did you make any alterations to the home? If yes, please describe the alterations: . . . . . . . . . .
[ ] Yes
[ ] No
[ ] Don't know
*B. Did any previous owner make any alterations to the home?
[ ] Yes
[ ] No
[ ] Don't know
*C. If alterations were made, were permits or variances for these alterations obtained?
9. FULL DISCLOSURE BY SELLERS
A. Other conditions or defects:
[ ] Yes
[ ] No
[ ] Don't know
*Are there any other existing material defects affecting the property that a prospective buyer should know about?
B. Verification:
The foregoing answers and attached explanations (if any) are complete and correct to the best of my/our knowledge and I/we have received a copy hereof. I/we authorize all of my/our real estate licensees, if any, to deliver a copy of this disclosure statement to other real estate licensees and all prospective buyers of the property.
DATE . . . .
SELLER . . . .
SELLER . . . .
NOTICE TO THE BUYER
INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY
BE OBTAINED FROM LOCAL LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS.
II. BUYER'S ACKNOWLEDGMENT
A.
Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to any material defects that are known to Buyer or can be known to Buyer by utilizing diligent attention and observation.
B.
The disclosures set forth in this statement and in any amendments to this statement are made only by the Seller and not by any real estate licensee or other party.
C.
Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are not liable for inaccurate information provided by Seller, except to the extent that real estate licensees know of such inaccurate information.
D.
This information is for disclosure only and is not intended to be a part of the written agreement between the Buyer and Seller.
E.
Buyer (which term includes all persons signing the "Buyer's acceptance" portion of this disclosure statement below) has received a copy of this Disclosure Statement (including attachments, if any) bearing Seller's signature.
DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT.
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY.
DATE . . . . . . . BUYER . . . . . . . . . BUYER. . . .
(2) If the disclosure statement is being completed for new construction which has never been occupied, the disclosure statement is not required to contain and the seller is not required to complete the questions listed in item 4. Structural or item 5. Systems and Fixtures.
(3) The seller disclosure statement shall be for disclosure only, and shall not be considered part of any written agreement between the buyer and seller of residential property. The seller disclosure statement shall be only a disclosure made by the seller, and not any real estate licensee involved in the transaction, and shall not be construed as a warranty of any kind by the seller or any real estate licensee involved in the transaction.
[ 2026 c 173 s 20; 2026 c 194 s 2. Prior: 2021 c 256 s 3; 2021 c 25 s 1; 2019 c 455 s 3; 2015 c 110 s 1; 2012 c 132 s 2; 2011 c 200 s 4; prior: 2009 c 505 s 3; 2009 c 130 s 2; 2007 c 107 s 4; 2004 c 114 s 1; 2003 c 200 s 1; 1996 c 301 s 2; 1994 c 200 s 3.]
Notes:
Reviser's note: This section was amended by 2026 c 173 s 20 and by 2026 c 194 s 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2026 c 173 s 20: "Section 20 of this act takes effect January 1, 2027." [ 2026 c 173 s 23.]
Intent—2026 c 173: See note following RCW 68.74.010.
Findings—Intent—Application—2021 c 256: See notes following RCW 49.60.525.
Application—2021 c 25: "This act applies to real estate transactions entered into on or after January 1, 2022." [ 2021 c 25 s 2.]
Application—2019 c 455 s 3: "Section 3 of this act is effective for real estate transactions entered into on or after January 1, 2020." [ 2019 c 455 s 6.]
Short title—2019 c 455: See note following RCW 43.44.110.
Application—2015 c 110 s 1: "Section 1 of this act applies only to real estate transactions for which a purchase and sale agreement is entered into after July 24, 2015." [ 2015 c 110 s 2.]
Findings—2012 c 132: "The legislature finds that the state building code council has adopted rules relating to laws on installation of carbon monoxide alarms in homes and buildings. The legislature finds that amending the state's real estate seller disclosure forms and ensuring that the responsibility for carbon monoxide alarms is that of the seller, will aid in implementing this law." [ 2012 c 132 s 1.]
Application—2012 c 132 ss 2 and 3: "Sections 2 and 3 of this act only apply to real estate transactions for which a purchase and sale agreement is entered into after June 7, 2012." [ 2012 c 132 s 5.]
Application—2009 c 505: See note following RCW 64.06.005.
Findings—Intent—2007 c 107: See note following RCW 64.06.015.
Application—Effective date—2004 c 114: See notes following RCW 64.06.021.
Effective date—1996 c 301 s 2: "Section 2 of this act shall take effect July 1, 1996." [ 1996 c 301 s 7.]

catchline: Improved residential real property—Seller's duty—Format of disclosure statement—Minimum information. (Effective until January 1, 2027.)


doc_type: statute

jurisdiction: wa

title: RCW 64.06.021

text:
The notice regarding sex offenders under RCW 64.06.020 does not create any legal duty on the part of the seller, or on the part of any real estate licensee, to investigate or to provide the buyer with information regarding the actual presence, or lack thereof, of registered sex offenders in the area of any property, including but not limited to any property that is the subject of a disclosure or waiver of disclosure under this chapter, or that is exempt from disclosure under RCW 64.06.010.
[ 2004 c 114 s 2.]
Notes:
Application—2004 c 114: "This act applies prospectively only and not retroactively. It applies only to residential real property purchase and sale agreements entered into on or after January 1, 2005, without regard to when the agreements are closed or finalized." [ 2004 c 114 s 3.]
Effective date—2004 c 114: "This act takes effect January 1, 2005." [ 2004 c 114 s 4.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Notice regarding sex offenders.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 64.06.022

text:
A seller of residential real property shall make available to the buyer the following statement: "This notice is to inform you that the real property you are considering for purchase may lie in close proximity to a farm or working forest. The operation of a farm or working forest involves usual and customary agricultural practices or forest practices, which are protected under RCW 7.48.305, the Washington right to farm act."
[ 2019 c 17 s 2; 2010 c 64 s 4; 2006 c 77 s 1; 2005 c 511 s 3.]
Notes:
Findings—2019 c 17: "(1) The legislature finds that maintaining the ecological and economic benefits of Washington's working forests is a critical part of planning for a fast-growing population and a changing climate. Sustainable, thriving working forests offer multiple benefits to the state, including clean water and air, fish and wildlife habitat, carbon storage, areas of open space and green amidst constant development pressures, and a strong economic base for rural jobs and statewide economic diversity.
(2) The legislature further finds that RCW 7.48.305, also known as the Washington right to farm act, provides certain protections from nuisance lawsuits arising from standard agricultural and forest practices. However, the mandatory real estate disclosure statement that provides residential home purchasers with notice of the right to farm act expressly notifies homebuyers of the law's protections for nearby agricultural operations but fails to provide that same notice for nearby forestry operations.
(3) The legislature further finds that modifying the real estate disclosure statement relating to the right to farm act to include working forests gives homebuyers a more accurate description of the effect of the right to farm act and Washington's science-based forest practices regulations that protect the state's public resources. This is important as population growth encroaches into forestland and brings residential land uses into areas historically dominated by commercial forestry." [ 2019 c 17 s 1.]
Applicability—2019 c 17: "This act applies prospectively only and not retroactively. It applies only to sales of property that arise on or after January 1, 2020." [ 2019 c 17 s 3.]

catchline: Disclosure of possible proximity to farm or working forest.


title: RCW 64.06.030

text:
Unless the buyer has expressly waived the right to receive the disclosure statement, not later than five business days or as otherwise agreed to, after mutual acceptance of a written agreement between a buyer and a seller for the purchase and sale of residential real property, the seller shall deliver to the buyer a completed, signed, and dated real property transfer disclosure statement. Within three business days, or as otherwise agreed to, of receipt of the real property transfer disclosure statement, the buyer shall have the right to exercise one of the following two options: (1) Approving and accepting the real property transfer disclosure statement; or (2) rescinding the agreement for the purchase and sale of the property, which decision may be made by the buyer in the buyer's sole discretion. If the buyer elects to rescind the agreement, the buyer must deliver written notice of rescission to the seller within the three-business-day period, or as otherwise agreed to, and upon delivery of the written rescission notice the buyer shall be entitled to immediate return of all deposits and other considerations less any agreed disbursements paid to the seller, or to the seller's agent or an escrow agent for the seller's account, and the agreement for purchase and sale shall be void. If the buyer does not deliver a written recision notice to [the] seller within the three-business-day period, or as otherwise agreed to, the real property transfer disclosure statement will be deemed approved and accepted by the buyer.
[ 1996 c 301 s 3; 1994 c 200 s 4.]

catchline: Delivery of disclosure statement—Buyer's options—Time frame.


title: RCW 64.06.040

text:
(1) If, after the date that a seller of real property completes a real property transfer disclosure statement, the seller learns from a source other than the buyer or others acting on the buyer's behalf such as an inspector of additional information or an adverse change which makes any of the disclosures made inaccurate, the seller shall amend the real property transfer disclosure statement, and deliver the amendment to the buyer. No amendment shall be required, however, if the seller takes whatever corrective action is necessary so that the accuracy of the disclosure is restored, or the adverse change is corrected, at least three business days prior to the closing date. Unless the corrective action is completed by the seller prior to the closing date, the buyer shall have the right to exercise one of the following two options: (a) Approving and accepting the amendment, or (b) rescinding the agreement of purchase and sale of the property within three business days after receiving the amended real property transfer disclosure statement. Acceptance or recision shall be subject to the same procedures described in RCW 64.06.030. If the closing date provided in the purchase and sale agreement is scheduled to occur within the three-business-day rescission period provided for in this section, the closing date shall be extended until the expiration of the three-business-day rescission period. The buyer shall have no right of rescission if the seller takes whatever action is necessary so that the accuracy of the disclosure is restored at least three business days prior to the closing date.
(2) In the event any act, occurrence, or agreement arising or becoming known after the closing of a real property transfer causes a real property transfer disclosure statement to be inaccurate in any way, the seller of such property shall have no obligation to amend the disclosure statement, and the buyer shall not have the right to rescind the transaction under this chapter.
(3) If the seller in a real property transfer fails or refuses to provide to the prospective buyer a real property transfer disclosure statement as required under this chapter, the prospective buyer's right of rescission under this section shall apply until the earlier of three business days after receipt of the real property transfer disclosure statement or the date the transfer has closed, unless the buyer has otherwise waived the right of rescission in writing. Closing is deemed to occur when the buyer has paid the purchase price, or down payment, and the conveyance document, including a deed or real estate contract, from the seller has been delivered and recorded. After closing, the seller's obligation to deliver the real property transfer disclosure statement and the buyer's rights and remedies under this chapter shall terminate.
(4) Failure of a homeowners' association or its officers, directors, employees, or authorized agents to provide requested information in part 8 of the disclosure statement form in RCW 64.06.015 or part 6 of the disclosure statement form in RCW 64.06.020 does not constitute a seller's failure or refusal to provide a real property transfer disclosure statement under subsection (3) of this section.
[ 2010 c 64 s 5. Prior: 2009 c 505 s 4; 2009 c 130 s 3; 1996 c 301 s 4; 1994 c 200 s 5.]
Notes:
Application—2009 c 505: See note following RCW 64.06.005.

catchline: After delivery of disclosure statement—Additional information—Seller's duty—Buyer's options—Closing the transaction.


title: RCW 64.06.050

text:
(1) The seller shall not be liable for any error, inaccuracy, or omission in the real property transfer disclosure statement if the seller had no actual knowledge of the error, inaccuracy, or omission. Unless the seller has actual knowledge of an error, inaccuracy, or omission in a real property transfer disclosure statement, the seller shall not be liable for such error, inaccuracy, or omission if the disclosure was based on information provided by public agencies, or by other persons providing information within the scope of their professional license or expertise, including, but not limited to, a report or opinion delivered by a land surveyor, title company, title insurance company, structural inspector, pest inspector, licensed engineer, or contractor.
(2) Any real estate licensee involved in a real property transaction is not liable for any error, inaccuracy, or omission in the real property transfer disclosure statement if the licensee had no actual knowledge of the error, inaccuracy, or omission. Unless the licensee has actual knowledge of an error, inaccuracy, or omission in a real property transfer disclosure statement, the licensee shall not be liable for such error, inaccuracy, or omission if the disclosure was based on information provided by public agencies, or by other persons providing information within the scope of their professional license or expertise, including, but not limited to, a report or opinion delivered by a land surveyor, title company, title insurance company, structural inspector, pest inspector, licensed engineer, or contractor.
[ 2010 c 64 s 6; 1996 c 301 s 5; 1994 c 200 s 6.]

catchline: Error, inaccuracy, or omission in disclosure statement—Actual knowledge—Liability.


title: RCW 64.06.060

text:
The legislature finds that the practices covered by this chapter are not matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW.
[ 1994 c 200 s 7.]

catchline: Consumer protection act does not apply.


title: RCW 64.06.070

text:
Except as provided in RCW 64.06.050, nothing in this chapter shall extinguish or impair any rights or remedies of a buyer of real estate against the seller or against any agent acting for the seller otherwise existing pursuant to common law, statute, or contract; nor shall anything in this chapter create any new right or remedy for a buyer of real property other than the right of recision exercised on the basis and within the time limits provided in this chapter.
[ 2010 c 64 s 7; 1996 c 301 s 6; 1994 c 200 s 8.]

catchline: Buyer's rights or remedies.


title: RCW 64.06.080

text:
(1) Any ordinance, resolution, or policy adopted by a city or county that imposes a requirement on landlords or sellers of real property, or their agents, to provide information to a buyer or tenant pertaining to the subject property or the surrounding area is effective only after:
(a) A summary of the ordinance, resolution, or policy is posted electronically in accordance with RCW 43.110.030(2)(e); and
(b) An internet link to the ordinance, resolution, or policy, or the relevant portion of the actual language of the ordinance, resolution, or policy, is posted electronically in accordance with RCW 43.110.030(2)(e).
(2) If, prior to June 9, 2016, a city or county adopted an ordinance, resolution, or policy that imposes a requirement on landlords or sellers of real property, or their agents, to provide information to a buyer or tenant pertaining to the subject property or the surrounding area, the city or county must cause, within ninety days of June 9, 2016:
(a) A summary of the ordinance, resolution, or policy to be posted electronically in accordance with RCW 43.110.030(2)(e); and
(b) An internet link to the ordinance, resolution, or policy, or the relevant portion of the actual language of the ordinance, resolution, or policy, to be posted electronically in accordance with RCW 43.110.030(2)(e). If the requirement is not electronically posted as required by this subsection, the requirement must thereafter cease to be in effect.
[ 2016 c 138 s 1; 2015 2nd sp.s. c 10 s 4.]

catchline: Seller and landlord disclosure requirement—Electronic notice by city or county.


title: RCW 64.06.090

text:
A seller of residential real property shall make available to the buyer the following statement: "This notice is to inform you that if the real property you are considering for purchase utilizes an oil tank for heating purposes, no cost insurance may be available from the pollution liability insurance agency."
[ 2018 c 289 s 1.]
Notes:
Effective date—2018 c 289: "This act takes effect January 1, 2020." [ 2018 c 289 s 2.]

catchline: Oil tank for heating—No cost insurance—Seller's notice.


title: RCW 64.06.900

text:
This act shall take effect on January 1, 1995.
[ 1994 c 200 s 10.]

catchline: Effective date—1994 c 200.


title: RCW 64.08.010

text:
Acknowledgments of deeds, mortgages and other instruments in writing, required to be acknowledged may be taken in this state before a justice of the supreme court, or the clerk thereof, or the deputy of such clerk, before a judge of the court of appeals, or the clerk thereof, before a judge of the superior court, or qualified court commissioner thereof, or the clerk thereof, or the deputy of such clerk, or a county auditor, or the deputy of such auditor, or a qualified notary public, or a qualified United States commissioner appointed by any district court of the United States for this state, and all said instruments heretofore executed and acknowledged according to the provisions of this section are hereby declared legal and valid.
[ 1971 c 81 s 131; 1931 c 13 s 1; 1929 c 33 s 3; RRS s 10559. Prior: 1913 c 14 s 1; Code 1881 s 2315; 1879 p 110 s 1; 1877 p 317 s 5; 1875 p 107 s 1; 1873 p 466 s 5.]

catchline: Who may take acknowledgments.


title: RCW 64.08.020

text:
Acknowledgments of deeds conveying or encumbering real estate situated in this state, or any interest therein, and other instruments in writing, required to be acknowledged, may be taken in any other state or territory of the United States, the District of Columbia, or in any possession of the United States, before any person authorized to take the acknowledgments of deeds by the laws of the state, territory, district, or possession wherein the acknowledgment is taken, or before any commissioner appointed by the governor of this state, for that purpose, but unless such acknowledgment is taken before a commissioner so appointed by the governor, or before the clerk of a court of record of such state, territory, district, or possession, or before a notary public or other officer having a seal of office, the instrument shall have attached thereto a certificate of the clerk of a court of record of the county, parish, or other political subdivision of such state, territory, district, or possession wherein the acknowledgment was taken, under the seal of said court, certifying that the person who took the acknowledgment, and whose name is subscribed to the certificate thereof, was at the date thereof such officer as he or she represented himself or herself to be, authorized by law to take acknowledgments of deeds, and that the clerk verily believes the signature of the person subscribed to the certificate of acknowledgment to be genuine.
[ 2012 c 117 s 190; 1929 c 33 s 4; RRS ss 10560, 10561. Prior: Code 1881 ss 2316, 2317; 1877 p 313 ss 6, 7; 1873 p 466 ss 6, 7; 1867 pp 93, 94 ss 1, 2; 1866 p 89 s 1; 1865 p 25 s 1. Formerly RCW 64.08.020 and 64.08.030.]

catchline: Acknowledgments out of state—Certificate.


title: RCW 64.08.040

text:
Acknowledgments of deeds conveying or encumbering real estate situated in this state, or any interest therein and other instruments in writing, required to be acknowledged, may be taken in any foreign country before any minister, plenipotentiary, secretary of legation, charge d'affaires, consul general, consul, vice consul, consular agent, or commercial agent appointed by the United States government, or before any notary public, or before the judge, clerk, or other proper officer of any court of said country, or before the mayor or other chief magistrate of any city, town or other municipal corporation therein.
[ 1929 c 33 s 5; RRS s 10563, part. Prior: 1901 c 53 s 1; 1888 p 1 s 1; Code 1881 s 2319; 1875 p 108 s 2.]

catchline: Foreign acknowledgments, who may take.


title: RCW 64.08.050

text:
The officer, or person, taking an acknowledgment as in this chapter provided, shall certify the same by a certificate written upon or annexed to the instrument acknowledged and signed by him or her and sealed with his or her official seal, if any, and reciting in substance that the person, or persons, known to him or her as, or determined by satisfactory evidence to be, the person, or persons, whose name, or names, are signed to the instrument as executing the same, acknowledged before him or her on the date stated in the certificate that he, she, or they, executed the same freely and voluntarily. Such certificate shall be prima facie evidence of the facts therein recited. The officer or person taking the acknowledgment has satisfactory evidence that a person is the person whose name is signed on the instrument if that person: (1) Is personally known to the officer or person taking the acknowledgment; (2) is identified upon the oath or affirmation of a credible witness personally known to the officer or person taking the acknowledgment; or (3) is identified on the basis of identification documents.
[ 1988 c 69 s 1; 1929 c 33 s 6; RRS ss 10564, 10565. Prior: Code 1881 ss 2320, 2321; 1879 p 158 ss 2, 3.]

catchline: Certificate of acknowledgment—Evidence.


title: RCW 64.08.060

text:
A certificate of acknowledgment for an individual, substantially in the following form or, after December 31, 1985, substantially in the form set forth in RCW 42.45.140(1), shall be sufficient for the purposes of this chapter and for any acknowledgment required to be taken in accordance with this chapter:
State of
County of
. . . .
. . . .





ss.
On this day personally appeared before me (here insert the name of grantor or grantors) to me known to be the individual, or individuals described in and who executed the within and foregoing instrument, and acknowledged that he (she or they) signed the same as his (her or their) free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this . . . . day of . . . . . ., (year) . . . . (Signature of officer and official seal)
If acknowledgment is taken before a notary public of this state the signature shall be followed by substantially the following: Notary Public in and for the state of Washington, residing at . . . . . . . . ., (giving place of residence).
[ 2017 c 281 s 41; 2016 c 202 s 40; 1988 c 69 s 2; 1929 c 33 s 13; RRS s 10566. Prior: 1888 p 51 s 2; 1886 p 179 s 7.]
Notes:
Effective date—2017 c 281: See RCW 42.45.905.

catchline: Form of certificate for individual.


title: RCW 64.08.070

text:
A certificate of acknowledgment for a corporation, substantially in the following form or, after December 31, 1985, substantially in the form set forth in RCW 42.45.140(2), shall be sufficient for the purposes of this chapter and for any acknowledgment required to be taken in accordance with this chapter:
State of
County of
. . . .
. . . .





ss.
On this . . . . day of . . . . . ., (year) . . . ., before me personally appeared . . . . . ., to me known to be the (president, vice president, secretary, treasurer, or other authorized officer or agent, as the case may be) of the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he or she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. (Signature and title of officer with place of residence of notary public.)
[ 2017 c 281 s 42; 2016 c 202 s 41; 2012 c 117 s 191; 1988 c 69 s 3; 1929 c 33 s 14; RRS s 10567. Prior: 1903 c 132 s 1.]
Notes:
Effective date—2017 c 281: See RCW 42.45.905.

catchline: Form of certificate for corporation.


title: RCW 64.08.090

text:
The superintendents, associate and assistant superintendents, business managers, records officers, and camp superintendents of any correctional institution or facility operated by the state of Washington are hereby authorized and empowered to take acknowledgments on any instruments of writing, and certify the same in the manner required by law, and to administer all oaths required by law to be administered, all of the foregoing acts to have the same effect as if performed by a notary public: PROVIDED, That such authority shall only extend to taking acknowledgments for and administering oaths to officers, employees, and residents of such institutions and facilities. None of the individuals herein empowered to take acknowledgments and administer oaths shall demand or accept any fee or compensation whatsoever for administering or taking any oath, affirmation, or acknowledgment under the authority conferred by this section.
In certifying any oath or in signing any instrument officially, an individual empowered to do so under this section shall, in addition to his or her name, state in writing his or her place of residence, the date of his or her action, and affix the seal of the institution where he or she is employed: PROVIDED, That in certifying any oath to be used in any of the courts of this state, it shall not be necessary to append an impression of the official seal of the institution.
[ 2012 c 117 s 192; 1972 ex.s. c 58 s 1.]

catchline: Authority of superintendents, business managers, and officers of correctional institutions to take acknowledgments and administer oaths—Procedure.


title: RCW 64.08.100

text:
Any person who is otherwise competent but is physically unable to sign his or her name or make a mark may make an acknowledgment authorized under this chapter by orally directing the notary public or other authorized officer taking the acknowledgment to sign the person's name on his or her behalf. In taking an acknowledgment under this section, the notary public or other authorized officer shall, in addition to stating his or her name and place of residence, state that the signature in the acknowledgment was obtained under the authority of this section.
[ 1987 c 76 s 2.]

catchline: Acknowledgments by persons unable to sign name.


title: RCW 64.12.010

text:
Wrongs heretofore remediable by action of waste shall be subjects of actions as other wrongs.
[Code 1881 s 600; 1877 p 125 s 605; 1869 p 143 s 554; 1854 p 206 s 403; RRS s 937.]

catchline: Waste actionable.


title: RCW 64.12.020

text:
If a guardian, tenant in severalty or in common, for life or for years, or by sufferance, or at will, or a subtenant, of real property commit waste thereon, any person injured thereby may maintain an action at law for damages therefor against such guardian or tenant or subtenant; in which action, if the plaintiff prevails, there shall be judgment for treble damages, or for fifty dollars, whichever is greater, and the court, in addition may decree forfeiture of the estate of the party committing or permitting the waste, and of eviction from the property. The judgment, in any event, shall include as part of the costs of the prevailing party, a reasonable attorney's fee to be fixed by the court. But judgment of forfeiture and eviction shall only be given in favor of the person entitled to the reversion against the tenant in possession, when the injury to the estate in reversion is determined in the action to be equal to the value of the tenant's estate or unexpired term, or to have been done or suffered in malice.
[ 1943 c 22 s 1; Code 1881 s 601; 1877 p 125 s 606; 1869 p 143 s 555; 1854 p 206 s 403; Rem. Supp. 1943 s 938.]

catchline: Waste by guardian or tenant, action for.


title: RCW 64.12.030

text:
Whenever any person shall cut down, girdle, or otherwise injure, or carry off any tree, including a Christmas tree as defined in *RCW 76.48.020, timber, or shrub on the land of another person, or on the street or highway in front of any person's house, city or town lot, or cultivated grounds, or on the commons or public grounds of any city or town, or on the street or highway in front thereof, without lawful authority, in an action by the person, city, or town against the person committing the trespasses or any of them, any judgment for the plaintiff shall be for treble the amount of damages claimed or assessed.
[ 2009 c 349 s 4; Code 1881 s 602; 1877 p 125 s 607; 1869 p 143 s 556; RRS s 939.]
Notes:
*Reviser's note: RCW 76.48.020 was recodified as RCW 76.48.021 pursuant to 2009 c 245 s 29.
Trespass, public lands: Chapter 79.02 RCW.

catchline: Injury to or removing trees, etc.—Damages.


title: RCW 64.12.035

text:
(1) An electric utility is immune from liability under RCW 64.12.030, 64.12.040, and 4.24.630 and any claims for general or special damages, including claims of emotional distress, for cutting or removing vegetation located on or originating from land or property adjacent to electric facilities that:
(a) Has come in contact with or caused damage to electric facilities;
(b) Poses an imminent hazard to the general public health, safety, or welfare and the electric utility provides notice and makes a reasonable effort to obtain an agreement from the resident or property owner present on the property to trim or remove such hazard. For purposes of this subsection (1)(b), notice may be provided by posting a notice or flier in a conspicuous location on the affected property that gives a good faith estimate of the time frame in which the electric utility's trimming or removal work must occur, specifies how the electric utility may be contacted, and explains the responsibility of the resident or property owner to respond pursuant to the requirements of the notice. An electric utility may act without agreement if the resident or property owner fails to respond pursuant to the requirements of the notice. No notice or agreement is necessary if the electric utility's action is necessary to protect life, property, or restore electric service; or
(c) Poses a potential threat to damage electric facilities and the electric utility attempts written notice by mail to the last known address of record indicating the intent to act or remove vegetation and secures agreement from the affected property owner of record for the cutting, removing, and disposition of the vegetation. Such notice shall include a brief statement of the need and nature of the work intended that will impact the owner's property or vegetation, a good faith estimate of the time frame in which such work will occur, and how the utility can be contacted regarding the cutting or removal of vegetation. If the affected property owner fails to respond to a notice from the electric utility within two weeks of the date the electric utility provided notice, the electric utility may secure agreement from a resident of the affected property for the cutting, removing, and disposition of vegetation.
(2)(a) A hazard to the general public health, safety, or welfare is deemed to exist when:
(i) Vegetation has encroached upon electric facilities by overhanging or growing in such close proximity to overhead electric facilities that it constitutes an electrical hazard under applicable electrical construction codes or state and federal health and safety regulations governing persons who are employed or retained by, or on behalf of, an electric utility to construct, maintain, inspect, and repair electric facilities or to trim or remove vegetation; or
(ii) Vegetation is visibly diseased, dead, or dying and has been determined by a qualified forester or certified arborist employed or retained by, or on behalf of, an electric utility to be of such proximity to electric facilities that trimming or removal of the vegetation is necessary to avoid contact between the vegetation and electric facilities.
(b) The factors to be considered in determining the extent of trimming required to remove a hazard to the general public health, safety, or welfare may include normal tree growth, the combined movement of trees and conductors under adverse weather conditions, voltage, and sagging of conductors at elevated temperatures.
(3) A potential threat to damage electric facilities exists when vegetation is of such size, condition, and proximity to electric facilities that it can be reasonably expected to cause damage to electric facilities and, based upon this standard, the vegetation has been determined to pose a potential threat by a qualified forester or certified arborist employed or retained by or on behalf of an electric utility.
(4) For the purposes of this section:
(a) "Electric facilities" means lines, conduits, ducts, poles, wires, pipes, conductors, cables, cross-arms, receivers, transmitters, transformers, instruments, machines, appliances, instrumentalities, and all devices and apparatus used, operated, owned, or controlled by an electric utility, for the purposes of manufacturing, transforming, transmitting, distributing, selling, or furnishing electricity.
(b) "Electric utility" means an electrical company, as defined under RCW 80.04.010, a municipal electric utility formed under Title 35 RCW, a public utility district formed under Title 54 RCW, an irrigation district formed under chapter 87.03 RCW, a cooperative formed under chapter 23.86 RCW, and a mutual corporation or association formed under chapter 24.06 RCW, that is engaged in the business of distributing electricity in the state.
(c) "Vegetation" means trees, timber, or shrubs.
[ 1999 c 248 s 1.]
Notes:
Severability—1999 c 248: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1999 c 248 s 3.]

catchline: Cutting or removing vegetation—Electric utility—Liability—Definitions.


title: RCW 64.12.040

text:
If upon trial of such action it shall appear that the trespass was casual or involuntary, or that the defendant had probable cause to believe that the land on which such trespass was committed was his or her own, or that of the person in whose service or by whose direction the act was done, or that such tree or timber was taken from uninclosed [unenclosed] woodlands, for the purpose of repairing any public highway or bridge upon the land or adjoining it, judgment shall only be given for single damages.
[ 2012 c 117 s 193; Code 1881 s 603; 1877 p 125 s 608; 1869 p 143 s 557; RRS s 940.]

catchline: Mitigating circumstances—Damages.


title: RCW 64.12.050

text:
When any two or more persons are opposing claimants under the laws of the United States to any land in this state, and one is threatening to commit upon such land waste which tends materially to lessen the value of the inheritance and which cannot be compensated by damages and there is imminent danger that unless restrained such waste will be committed, the party, on filing his or her complaint and satisfying the court or judge of the existence of the facts, may have an injunction to restrain the adverse party. In all cases he or she shall give notice and bond as is provided in other cases where injunction is granted, and the injunction when granted shall be set aside or modified as is provided generally for injunction and restraining orders.
[ 2012 c 117 s 194; Code 1881 s 604; 1877 p 125 s 609; 1869 p 144 s 558; 1854 p 206 s 404; RRS s 941.]
Notes:
Injunction, generally: Chapter 7.40 RCW.

catchline: Injunction to prevent waste on public land.


title: RCW 64.12.060

text:
Any person now occupying and settled upon, or who may hereafter occupy or settle upon any of the unsurveyed public lands not to exceed one hundred sixty acres in this territory, for the purpose of holding and cultivating the same, may commence and maintain any action, in any court of competent jurisdiction, for interference with or injuries done to his or her possessions of said lands, against any person or persons so interfering with or injuring such lands or possessions: PROVIDED, ALWAYS, That if any of the aforesaid class of settlers are absent from their claims continuously, for a period of six months in any one year, the said person or persons shall be deemed to have forfeited all rights under this act.
[ 1883 p 70 s 1; RRS s 942.]
Notes:
Reviser's note: The preamble and sections 2 and 3 of the 1883 act, section 1 of which is codified above as RCW 64.12.060, read as follows:
Preamble: "whereas, A great many citizens of the United States are now settling upon and cultivating the unsurveyed government lands in this territory; and, as many years may elapse before the government surveys will be extended over the said lands, so that the settlers upon the same, can take them under the laws of the United States, and defend them against the trespass of others, therefore:"
"Sec. 2. Any person or persons, who shall wilfully and maliciously disturb, or in any wise injure, or destroy the dwelling house or other building, or any fence inclosing [enclosing], or being on the claim of any of the aforesaid class of settlers, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than fifty nor more than one hundred ($100) dollars, for each and every offense, to which may be added imprisonment in the county jail, not exceeding ninety (90) days." [ 1883 p 71 s 2.]
"Sec. 3. Any person or persons, who shall wilfully or maliciously set fire to any dwelling, or other building, of any of the aforesaid class of settlers, shall be deemed guilty of arson, and subject to the penalties of the law in such cases, made and provided." [ 1883 p 71 s 3.]

catchline: Action by occupant of unsurveyed land.


title: RCW 64.16.005

text:
Any noncitizen may acquire and hold lands, or any right thereto, or interest therein, by purchase, devise, or descent; and he or she may convey, mortgage, and devise the same, and if he or she shall die intestate, the same shall descend to his or her heirs, and in all cases such lands shall be held, conveyed, mortgaged, or devised, or shall descend in like manner and with like effect as if such noncitizen were a native citizen of this state or of the United States.
[ 2026 c 36 s 34; 2012 c 117 s 195; 1967 c 163 s 2.]
Notes:
1967 c 163 adopted to implement Amendment 42: "This act is adopted by the legislature to implement amendment 42 to the state Constitution approved by the voters of the state on November 8, 1966. Amendment 42 removed constitutional restrictions against alien ownership of land by repealing Article II, section 33 of the state Constitution, as amended and Amendments 24 and 29." [ 1967 c 163 s 1.]
Severability—1967 c 163: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1967 c 163 s 9.]
The above two annotations apply to 1967 c 163. For codification of that act, see Codification Tables.

catchline: Individuals' who are not a citizen or national of the United States rights and interests in lands same as native citizens'.


title: RCW 64.16.140

text:
All lands and all estates or interests in lands, within the state of Washington, which were conveyed or attempted to be conveyed to, or acquired or attempted to be acquired by, any noncitizen or noncitizens, prior to the date of the adoption of this act, are hereby confirmed to the respective persons at present owning or claiming to own the title thereto derived by, through or under any such noncitizen ownership or attempted ownership, to the extent that title was vested in or conveyed by said noncitizen or noncitizens: PROVIDED, That nothing in this section shall be construed to affect, adversely or otherwise, any title to any such lands, or to any interest or estate therein, held or claimed by any private person or corporation adversely to the title hereby confirmed.
[ 2026 c 36 s 35; 1967 c 163 s 3; 1895 c 111 s 1; RRS s 10589.]
Notes:
Reviser's note: 1967 c 163 carried an emergency clause and was approved by the governor on March 21, 1967.

catchline: Certain titles confirmed.


title: RCW 64.20.010

text:
The said Indians who now hold, or who may hereafter hold, any of the lands of any reservation, in severalty, located in this state by virtue of treaties made between them and the United States, shall have power to lease, incumber, grant and alien the same in like manner and with like effect as any other person may do under the laws of the United States and of this state, and all restrictions in reference thereto are hereby removed.
[ 1890 p 500 s 1; RRS s 10593.]
Notes:
Preamble: "WHEREAS, It was and is provided by and in the treaty made with and between the chiefs, head men and delegates of the Indian tribes (including the Puyallup tribe) and the United States of America, which treaty is dated on the 26th day of December, 1854, among other things as follows: 'That the president, at his discretion, should cause the whole or any portion of the lands thereby reserved, or such land as might be selected in lieu thereof, to be surveyed into lots and assign the same to such individuals or families as are willing to avail themselves of the privilege and will locate on the same as a permanent home, on the same terms, and subject to the same regulations as are provided in the sixth article of the treaty with the Omahas, so far as the same may be applicable; and
'WHEREAS, It was and is provided by and in the sixth article of the treaty with the Omahas aforesaid, among other things, that said tracts of land shall not be aliened or leased for a longer term than two years, and shall be exempt from levy, sale or forfeiture, which conditions shall continue in force until a state constitution embracing such lands within it boundaries shall have been formed, and the legislature of the state shall remove the restrictions, but providing that no state legislature shall remove the restrictions* * * without the consent of the Congress;' and
'WHEREAS, The President of the United States, on the 30th day of January, 1866, made and issued patents to the Puyallup Indians, in severalty, for the lands of said reservation, which are now of record in the proper office in Pierce county, in the State of Washington; and
'WHEREAS, All the conditions now exist which said treaties contain, and which make it desirable and proper to remove the restrictions in respect to the alienation and disposition of said lands by the Indians, who now hold them in severalty: now, therefore,"

catchline: Puyallup Indians—Right of alienation.


title: RCW 64.20.025

text:
*This act shall take effect and be in force from and after the consent to such removal of the restrictions shall have been given by the congress of the United States.
[ 1890 p 501 s 3; no RRS.]
Notes:
Reviser's note: *(1) The language "this act" appears in 1890 p 501 s 3, which act is codified herein as RCW 64.20.010 through 64.20.025.
(2) An act of congress of March 3, 1893, removed the restriction on transfer (Wilson Act, 27 Stat. p 633) but postponed the right to transfer for ten years, that is, until March 3, 1903.

catchline: Puyallup Indians—Right of alienation—When effective.


title: RCW 64.20.030

text:
Any Indian who owns within this state any land or real estate allotted to him or her by the government of the United States may with the consent of congress, either special or general, sell and convey by deed made, executed, and acknowledged before any officer authorized to take acknowledgments to deeds within this state, any stone, mineral, petroleum, or timber contained on said land or the fee thereof and such conveyance shall have the same effect as a deed of any other person or persons within this state; it being the intention of this section to remove from Indians residing in this state all existing disabilities relating to alienation of their real estate.
[ 2012 c 117 s 196; 1899 c 96 s 1; RRS s 10595.]

catchline: Sale of land or materials authorized.


title: RCW 64.28.010

text:
Whereas joint tenancy with right of survivorship permits property to pass to the survivor without the cost or delay of probate proceedings, there shall be a form of co-ownership of property, real and personal, known as joint tenancy. A joint tenancy shall have the incidents of survivorship and severability as at common law, including the unilateral right of each tenant to sever the joint tenancy. Joint tenancy shall be created only by written instrument, which instrument shall expressly declare the interest created to be a joint tenancy. It may be created by a single agreement, transfer, deed, will, or other instrument of conveyance, or by agreement, transfer, deed or other instrument from a sole owner to himself or herself and others, or from tenants in common or joint tenants to themselves or some of them, or to themselves or any of them and others, or from both spouses or both domestic partners, when holding title as community property, or otherwise, to themselves or to themselves and others, or to one of them and to another or others, or when granted or devised to executors or trustees as joint tenants: PROVIDED, That such transfer shall not derogate from the rights of creditors.
[ 2008 c 6 s 625; 1993 c 19 s 1; 1963 ex.s. c 16 s 1; 1961 c 2 s 1 (Initiative Measure No. 208, approved November 8, 1960).]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.

catchline: Joint tenancies with right of survivorship authorized—Methods of creation—Creditors' rights saved.


title: RCW 64.28.020

text:
(1) Every interest created in favor of two or more persons in their own right is an interest in common, unless acquired by them in partnership, for partnership purposes, or unless declared in its creation to be a joint tenancy, as provided in RCW 64.28.010, or unless acquired by executors or trustees.
(2) Interests in common held in the names of both spouses or both domestic partners, whether or not in conjunction with others, are presumed to be their community property.
(3) Subsection (2) of this section applies as of June 9, 1988, to all existing or subsequently created interests in common.
[ 2008 c 6 s 626; 1988 c 29 s 10; 1961 c 2 s 2 (Initiative Measure No. 208, approved November 8, 1960).]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.

catchline: Interest in favor of two or more is interest in common—Exceptions for joint tenancies, partnerships, trustees, etc.—Presumption of community property.


title: RCW 64.28.030

text:
The provisions of this chapter shall not restrict the creation of a joint tenancy in a bank deposit or in other choses in action as heretofore or hereafter provided by law, nor restrict the power of both spouses or both domestic partners to make agreements as provided in RCW 26.16.120.
[ 2008 c 6 s 627; 1961 c 2 s 3 (Initiative Measure No. 208, approved November 8, 1960).]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.

catchline: Bank deposits, choses in action, community property agreements not affected.


title: RCW 64.28.040

text:
(1) Joint tenancy interests held in the names of both spouses or both domestic partners, whether or not in conjunction with others, are presumed to be their community property, the same as other property held in the name of both spouses or both domestic partners. Any such interest passes to the survivor of the spouse or survivor of the domestic partner as provided for property held in joint tenancy, but in all other respects the interest is treated as community property.
(2) Either person in a marriage or either person in a state registered domestic partnership, or both, may sever a joint tenancy. When a joint tenancy is severed, the property, or proceeds of the property, shall be presumed to be their community property, whether it is held in the name of either spouse, or both, or in the name of either domestic partner, or both.
(3) This section applies as of January 1, 1985, to all existing or subsequently created joint tenancies.
[ 2008 c 6 s 628; 1993 c 19 s 2; 1985 c 10 s 2. Prior: 1984 c 149 s 174.]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Purpose—1985 c 10: "The purpose of this act is to make technical corrections to chapter 149, Laws of 1984, and to ensure that the changes made in that chapter meet the constitutional requirements of Article II, section 19 of the state Constitution." [ 1985 c 10 s 1.]
Severability—1985 c 10: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1985 c 10 s 3.]
Short title—Application—1985 c 30: See RCW 11.02.900 and 11.02.901.
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.

catchline: Character of joint tenancy interests held by both spouses or both domestic partners.


title: RCW 64.32.010

text:
As used in this chapter unless the context otherwise requires:
(1) "Apartment" means a part of the property intended for any type of independent use, including one or more rooms or spaces located on one or more floors (or part or parts thereof) in a building, or if not in a building, a separately delineated place of storage or moorage of a boat, plane, or motor vehicle, regardless of whether it is destined for a residence, an office, storage or moorage of a boat, plane, or motor vehicle, the operation of any industry or business, or for any other use not prohibited by law, and which has a direct exit to a public street or highway, or to a common area leading to such street or highway. The boundaries of an apartment located in a building are the interior surfaces of the perimeter walls, floors, ceilings, windows and doors thereof, and the apartment includes both the portions of the building so described and the air space so encompassed. If the apartment is a separately delineated place of storage or moorage of a boat, plane, or motor vehicle the boundaries are those specified in the declaration. In interpreting declarations, deeds, and plans, the existing physical boundaries of the apartment as originally constructed or as reconstructed in substantial accordance with the original plans thereof shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed or depicted in the declaration, deed or plan, regardless of settling or lateral movement of the building and regardless of minor variance between boundaries shown in the declaration, deed, or plan and those of apartments in the building.
(2) "Apartment number" means the number, letter, or combination thereof, designating the apartment in the declaration as duly recorded or as it may be lawfully amended.
(3) "Apartment owner" means the person or persons owning an apartment, as herein defined, in fee simple absolute or qualified, by way of leasehold or by way of a periodic estate, or in any other manner in which real property may be owned, leased or possessed in this state, together with an undivided interest in a like estate of the common areas and facilities in the percentage specified and established in the declaration as duly recorded or as it may be lawfully amended.
(4) "Association of apartment owners" means all of the apartment owners acting as a group in accordance with the bylaws and with the declaration as it is duly recorded or as they may be lawfully amended.
(5) "Building" means a building, containing two or more apartments, or two or more buildings each containing one or more apartments, and comprising a part of the property.
(6) "Common areas and facilities", unless otherwise provided in the declaration as duly recorded or as it may be lawfully amended, includes:
(a) The land on which the building is located;
(b) The foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbys, stairs, stairways, fire escapes, and entrances and exits of the building;
(c) The basements, yards, gardens, parking areas and storage spaces;
(d) The premises for the lodging of janitors or persons in charge of the property;
(e) The installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning and incinerating;
(f) The elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for common use;
(g) Such community and commercial facilities as may be provided for in the declaration as duly recorded or as it may be lawfully amended;
(h) All other parts of the property necessary or convenient to its existence, maintenance and safety, or normally in common use.
(7) "Common expenses" include:
(a) All sums lawfully assessed against the apartment owners by the association of apartment owners;
(b) Expenses of administration, maintenance, repair, or replacement of the common areas and facilities;
(c) Expenses agreed upon as common expenses by the association of apartment owners;
(d) Expenses declared common expenses by the provisions of this chapter, or by the declaration as it is duly recorded, or by the bylaws, or as they may be lawfully amended.
(8) "Common profits" means the balance of all income, rents, profits and revenues from the common areas and facilities remaining after the deduction of the common expenses.
(9) "Declaration" means the instrument by which the property is submitted to provisions of this chapter, as hereinafter provided, and as it may be, from time to time, lawfully amended.
(10) "Electronic transmission" or "electronically transmitted" means any electronic communication not directly involving the physical transfer of a writing in a tangible medium, but that may be retained, retrieved, and reviewed by the sender and the recipient of the communication, and that may be directly reproduced in a tangible medium by a sender and recipient.
(11) "Land" means the material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance, whether or not submerged, and includes free or occupied space for an indefinite distance upwards as well as downwards, subject to limitations upon the use of airspace imposed, and rights in the use of the airspace granted, by the laws of this state or of the United States.
(12) "Limited common areas and facilities" includes those common areas and facilities designated in the declaration, as it is duly recorded or as it may be lawfully amended, as reserved for use of certain apartment or apartments to the exclusion of the other apartments.
(13) "Majority" or "majority of apartment owners" means the apartment owners with fifty-one percent or more of the votes in accordance with the percentages assigned in the declaration, as duly recorded or as it may be lawfully amended, to the apartments for voting purposes.
(14) "Percent of the apartment owners" means the apartment owners with the stated percent or more of the votes in accordance with the percentages assigned in the declaration, as duly recorded or as it may be lawfully amended, to the apartments for voting purposes.
(15) "Person" includes any individual, corporation, partnership, association, trustee, or other legal entity.
(16) "Property" means the land, the building, all improvements and structures thereon, all owned in fee simple absolute or qualified, by way of leasehold or by way of a periodic estate, or in any other manner in which real property may be owned, leased or possessed in this state, and all easements, rights and appurtenances belonging thereto, none of which shall be considered as a security or security interest, and all articles of personalty intended for use in connection therewith, which have been or are intended to be submitted to the provisions of this chapter.
(17) "Tangible medium" means a writing, copy of a writing, facsimile, or a physical reproduction, each on paper or on other tangible material.
[ 2021 c 227 s 1; 2008 c 114 s 3; 1987 c 383 s 1; 1981 c 304 s 34; 1965 ex.s. c 11 s 1; 1963 c 156 s 1.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Applicability of RCW 64.32.010(1) to houseboat moorages: "The provisions of section 34 (1) shall not apply to moorages for houseboats without the approval of the local municipality." [ 1981 c 304 s 35.]
Severability—1981 c 304: See note following RCW 26.16.030.

catchline: Definitions. (Effective until January 1, 2028.)


title: RCW 64.32.020

text:
This chapter shall be applicable only to property, the sole owner or all of the owners, lessees or possessors of which submit the same to the provisions hereof by duly executing and recording a declaration as hereinafter provided.
[ 1963 c 156 s 2.]

catchline: Application of chapter. (Effective until January 1, 2028.)


title: RCW 64.32.030

text:
Each apartment, together with its undivided interest in the common areas and facilities shall not be considered as an intangible or a security or any interest therein but shall for all purposes constitute and be classified as real property.
[ 1963 c 156 s 3.]

catchline: Apartments and common areas declared real property. (Effective until January 1, 2028.)


title: RCW 64.32.040

text:
Each apartment owner shall be entitled to the exclusive ownership and possession of his or her apartment but any apartment may be jointly or commonly owned by more than one person. Each apartment owner shall have the common right to a share, with other apartment owners, in the common areas and facilities.
[ 2012 c 117 s 197; 1963 c 156 s 4.]

catchline: Ownership and possession of apartments and common areas. (Effective until January 1, 2028.)