When someone sells a home in Washington State, they need to fill out a disclosure form. Essentially, they are obligated to disclose any known material defects with the property. These are actual issues that could make the property unsafe or otherwise impact its value, so the buyer knows what they are actually purchasing.
The beginning of the disclosure form starts with legal issues, such as asking the person if they have the legal authority to sell the property. They also have to note specific details, such as if there are any boundary disputes or easements, especially since these could impact how the new owner uses the property or the value they get out of it. If there is an easement that runs with the land, it has to be upheld even after the sale. This can make the property less valuable to some buyers.
Common material defects
When it comes to defects, the form often asks if there have been any problems with the property or if any repairs were necessary. Common issues include:
- Roof leaks, especially within the last five years
- Flooding or leaks in the basement or foundation
- Damage to the structure of the home due to pests, house fires or other events
- Damage caused by settling over time
- Noted defects to ceilings, doors, chimneys, windows and other crucial parts of the property
- Safety or danger issues regarding heating systems, such as wood stoves
- Damage to fixtures or systems within the house, such as electrical wiring or plumbing
This does not mean that the seller cannot sell the house even with these defects in place. But they are still obligated to inform the buyer of any known issues in advance. Others may then be discovered during a home inspection.
When navigating this legal process during a home sale, it is crucial that all involved understand their rights and their options.