The Washington State legislature (RCW 64.06.020) requires a property disclosure form (which when using NWMLS forms is known as a Form 17) be provided by a seller for the transfer of: 1) Real property consisting of one to four dwelling units, 2) a condominium, unless the sale is subject to the public offering statement, 3) a residential timeshare, unless subject to written disclosure under the Washington timeshare act, 4) a mobile or manufactured home that is personal property.
However, the foregoing notwithstanding, the following transfers are exempt and do not require a property disclosure form:
- A foreclosure, deed-in-lieu of foreclosure, or a sale by a lienholder who acquired the residential real property through foreclosure or deed-in-lieu of foreclosure**;
- A gift or other transfer to a parent, spouse, or child of a transferor or child of any parent or spouse of a transferor;
- A transfer between spouses in connection with a marital dissolution;
- A transfer where a buyer had an ownership interest in the property within two years of the date of the transfer including, but not limited to, an ownership interest as a partner in a partnership, a limited partner in a limited partnership, a shareholder in a corporation, a leasehold interest, or transfers to and from a facilitator pursuant to a tax deferred exchange;
- A transfer of an interest that is less than fee simple, except that the transfer of a vendee’s interest under a real estate contract is subject to the requirements of this chapter; and
- A transfer made by the personal representative of the estate of the decedent or by a trustee in bankruptcy.\
Update:Â If you’re a FSBO looking for a property disclosure form (form 17 equivalent), you can find it here.
**Update 2: See comments

3 responses so far ↓
1 David Telford // Jul 10, 2008 at 3:05 pm
It appears to me that the second half of the first exemption is no longer correct. Reading the RCW, a bank selling a home they foreclosed on is no longer exempt. In the real world it won’t really matter, though because the bank will no nothing about the place
2 Lee Mason, The Masters Realty Group LLC // Jul 10, 2008 at 4:23 pm
David,
It looks to me at first glance you are correct. The RCW was revised in 2008 and it looks like they dropped the last part of the first exemption.
Interestingly, if you go to the record, it appears the legislature amended RCW 64.06.010 with the intent of adding domestic partnerships to exemptions 2 and 3 but somehow didn’t copy the original RCW correctly.
As you said, it may be a difference without a distinction except that the buyer of a previously foreclosed upon home would now have 3 days to rescind a transaction from the time they received a copy of the Form 17 whereas previously, no Form 17 was required.
Thanks for the correction.
3 David Telford // Jul 10, 2008 at 4:33 pm
Would not be the first time they screwed up like that. Just as we are now Distressed Home Consultants because they didn’t copy the bill correctly in committee
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