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Ghosts on the property? Real Estate Disclosures in Washington State

Ghosts on the property?

Real Estate Disclosures in Washington State

To my knowledge, Washington State does not have any mandatory psychological effects disclosures, meaning the seller is not obliged to disclose that the former occupant had a dreaded disease, or the property was the site of some grisly murder, or if there is a known ghost or apparition occupying the property in adverse possession.

Do you need to know what disclosures are required under Washington law for the sale of real property?

If there aren’t any buildings situated on the property, or it is otherwise “unimproved”, the seller must deliver to the buyer a Notice to the Buyer (unimproved residential real property), which contains existing material facts or defects based on the seller’s actual knowledge of the property. See RCW § 64.06.015.

If there are buildings or other “improvements”, the seller must provide the buyer with a Notice to the Buyer (improved residential real property) for improved residential property, containing information related to title; sewer system; environmental issues; and other conditions or defects.

**This statement must also include a notice that information regarding registered sex offenders may be obtained from local law enforcement agencies. See RCW § 64.06.020.**

If there is any sewage hookup or system on the property at the time of property transfer, the seller must provide to the buyer maintenance records for the on-site sewage system and the completed seller disclosure statement. See WAC § 246-272A-0270.

If it is a farm, the seller of residential property must disclose that the property may be near a farm. See RCW § 64.06.022.

What kind of transfers will be exempted? 

No disclosures are required for certain types of transfers, such as a foreclosure or certain transfers between related parties. In addition, the buyer may waive the right to receive the disclosure statement. See RCW § 64.06.010.

Have a question about whether a real estate disclosure was necessary in your transaction?