Sellers Disclosure Statement changes coming

Posted by Jim Reppond

As of July 26, 2009, changes to the Seller Disclosure Act will go into effect and will require the use of new forms. The NWMLS (Northwest Multiple Listing Service) is revising and publishing these forms: Form 17 (Seller Disclosure Statement - Improved Property), Form 17C (Seller Disclosure Statement - Unimproved Property), and Form 35 (Inspection Addendum).

Because of the revisions in the Seller Disclosure Act, changes in the language used in the forms was needed to remove redundancy and confusion. Sellers must provide a new version of Form 17 or Form 17C for transactions executed on or after July 26, 2009 in order to avoid disputes regarding the effective delivery of the Form 17.

Here is a summary of the revisions to the new Form 17 and Form 17C (revision date 7/09):

• New question regarding defects in the operation of the “water system” (e.g. pipes, tank, pump, etc.)
• Revised question: “Has the roof leaked” to: “Has the roof leaked within the last five years”
• New question regarding wood burning appliances and whether the appliances are certified as “clean burning appliances.”
• Revised questions in the Environmental section regarding flooding and standing water on the property.
• Revised questions in the Environmental section regarding fill dirt and waste.
• Revised question in the Environmental section to clarify that the seller need only answer yes if there is electrical utility equipment on the property that does not provide service to the property.
• Revised question in the Environmental section regarding radio towers interference with telephone reception.
• New question asking for the contact information for a representative from the homeowner’s association who can provide association documents to the buyer. Please note that the failure of the association to provide requested information does not constitute the seller’s failure to provide Form 17.
• Other revisions to clean up the form.

For more information and to read the Session Law, go to: http://apps.leg.wa.gov/billinfo/summary.aspx?bill=1420&year=200

(information obtained from the NWMLS)