Free Real Estate Seller Disclosure 17 Form in PDF

The Real Estate Seller Disclosure 17 form is a comprehensive document used by sellers to inform potential buyers about the condition and specific aspects of a residential property. It includes various sections covering ownership, structural details, systems and fixtures, and even environmental factors, all aimed at providing a transparent overview of the property’s state. Ensuring accuracy and thoroughness in filling out this form is crucial for both the seller's legal protection and the buyer's awareness.

If you're in the process of selling your property, taking the time to complete this form accurately is a step you shouldn't skip. Click the button below to begin the process of filling out your Seller Disclosure 17 form.

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The Real Estate Seller Disclosure 17 form, also known as Form 17, serves as a critical document in the property transaction process, particularly in the transfer of improved residential real property, which includes residential dwellings up to four units, new construction, condominiums not under a public offering statement, certain timeshares, as well as manufactured and mobile homes. This detailed form, revised as of July 2019 by the Northwest Multiple Listing Service, mandates sellers to disclose material facts or defects about the property's condition based on their actual knowledge at the time of completion. Instructions require the sellers not to leave any space blank, to explain any affirmative responses to asterisked items in attached sheets referencing the question numbers, and to date and initial every page of the statement and attachments for their protection. The delivery of this disclosure must occur no later than five business days after a written purchase and sale agreement's mutual acceptance between buyer and seller, unless another timeline is agreed upon. It also provides buyers a three-business-day window from the receipt of this disclosure to rescind the agreement under certain conditions. This document's comprehensive nature allows buyers to gain insights into the property's title, water source, sewer or on-site sewage system, structural integrity, system fixtures, environmental concerns, and much more, thereby underlining its importance in the real estate transaction process.

Preview - Real Estate Seller Disclosure 17 Form

Form 17	SELLER DISCLOSURE STATEMENT	©Copyright 2019
Seller Disclosure Statement	IMPROVED PROPERTY	Northwest Multiple Listing Service
Rev. 7/19	IMPROVED PROPERTY	ALL RIGHTS RESERVED
Page 1 of 6
SELLER: ________________________________________________________________________________________________
Seller	Seller

To be used in transfers of improved residential real property, including residential dwellings up to four units, new construction, condominiums not subject to a public offering statement, certain timeshares, and manufactured and mobile homes. See RCW Chapter 64.06 for further 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 check “NA.” If the answer is “yes” to any asterisked (*) item(s), 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 initial each page of this disclosure statement and each attachment. Delivery of the disclosure statement must occur not later than five (5) business days, unless otherwise agreed, after mutual acceptance of a written purchase and sale agreement between Buyer and Seller.

NOTICE TO THE BUYER

THE FOLLOWING DISCLOSURES ARE MADE BY THE SELLER ABOUT THE CONDITION OF THE PROPERTY LOCATED AT

________________________________________________________________ , CITY _________________________________ ,

STATE _______ , ZIP _______________, COUNTY____________________________________ (“THE PROPERTY”) OR AS

LEGALLY DESCRIBED ON THE 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 (3) 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 PURCHASE AND 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:							34
If you answer “Yes” to a question with an asterisk (), please explain your answer and attach documents, if available and not							35
otherwise publicly recorded. If necessary, use an attached sheet.							36
1. TITLE			YES	NO	DON’T	N/A	37
1. TITLE					KNOW		38
A. Do you have legal authority to sell the property? If no, please explain							39
*B. Is title to the property subject to any of the following?							40
(1)	First right of refusal						41
(2)	Option						42
(3)	Lease or rental agreement						43
(4)	Life estate?						44
*C. Are there any encroachments, boundary agreements, or boundary disputes?							45
*D. Is there a private road or easement agreement for access to the property?							46
*E. Are there any rights-of-way, easements, or access limitations that may affect the Buyer’s use of							47
the property?							48
*F. Are there any written agreements for joint maintenance of an easement or right-of-way?							49
*G. Is there any study, survey project, or notice that would adversely affect the property?						 50
*H. Are there any pending or existing assessments against the property?							51
________________________________		________________________________

SELLER’S INITIALS

Date

SELLER’S INITIALS

Date

Form 17			SELLER DISCLOSURE STATEMENT			©Copyright 2019
Seller Disclosure Statement			IMPROVED PROPERTY		Northwest Multiple Listing Service
Rev. 7/19			IMPROVED PROPERTY			ALL RIGHTS RESERVED
Page 2 of 6			(Continued)			YES	NO	DON’T	N/A	52
						YES	NO	DON’T	N/A	52
*I.	Are there any zoning violations, nonconforming uses, or any unusual restrictions on the							KNOW		53
*I.										54
	property that would affect future construction or remodeling?									55
*J.	Is there a boundary survey for the property?									56
*K. Are there any covenants, conditions, or restrictions recorded against the property?										57
	PLEASE NOTE: Covenants, conditions, and restrictions which purport to forbid or restrict the									58
	conveyance, encumbrance, occupancy, or lease of real property to individuals based on race,									59
	creed, color, sex, national origin, familial status, or disability are void, unenforceable, and									60
	illegal. RCW 49.60.224.									61
2. WATER										62
A. Household Water										63
	(1) The source of water for the property is:  Private or publicly owned water system									64
		 Private well serving only the subject property		* Other water system						65
		*If shared, are there any written agreements?								66
	*(2) Is there an easement (recorded or unrecorded) for access to and/or maintenance of the									67
		water source?								68
	*(3)	Are there any problems or repairs needed?							 69
	(4)	During your ownership, has the source provided an adequate year-round supply of potable water?				..				70
		If no, please explain: ______________________________________________________								71
	*(5) Are there any water treatment systems for the property?									72
		If yes, are they:  Leased  Owned								73
	*(6)	Are there any water rights for the property associated with its domestic water supply, such								74
		as a water right permit, certificate, or claim?							 75
		(a) If yes, has the water right permit, certificate, or claim been assigned, transferred, or changed?								76
		*(b) If yes, has all or any portion of the water right not been used for five or more successive years? 								77
	*(7)	Are there any defects in the operation of the water system (e.g. pipes, tank, pump, etc.)?								78
B.	Irrigation Water									79
	(1)	Are there any irrigation water rights for the property, such as a water right permit,								80
		certificate, or claim?								81
		*(a) If yes, has all or any portion of the water right not been used for five or more								82
		successive years?								83
		*(b) If so, is the certificate available? (If yes, please attach a copy.)								84
		*(c) If so, has the water right permit, certificate, or claim been assigned, transferred, or changed? ...								85
	*(2)	Does the property receive irrigation water from a ditch company, irrigation district, or other entity?								86
		If so, please identify the entity that supplies water to the property:								87
		_______________________________________________________________________								88
C. Outdoor Sprinkler System										89
	(1)	Is there an outdoor sprinkler system for the property?								90
	*(2)	If yes, are there any defects in the system?								91
	*(3)	If yes, is the sprinkler system connected to irrigation water?								92

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:_________________________________________________________

________________________________________________________________

SELLER’S INITIALS

Date

SELLER’S INITIALS

Date

Form 17		SELLER DISCLOSURE STATEMENT		©Copyright 2019
Seller Disclosure Statement			Northwest Multiple Listing Service
Rev. 7/19		IMPROVED PROPERTY		ALL RIGHTS RESERVED
Page 3 of 6		(Continued)
				YES	NO	DON’T	N/A	98
B. If public sewer system service is available to the property, is the house connected to						KNOW		99
	the sewer main?							100
	If no, please explain:________________________________________________________							101
*C. Is the property subject to any sewage system fees or charges in addition to those covered								102
	in your regularly billed sewer or on-site sewage system maintenance service?							103
D.	If the property is connected to an on-site sewage system:							104
	*(1) Was a permit issued for its construction, and was it approved by the local health							105
	department or district following its construction?							106
	(2) When was it last pumped? _______________________________________________							107
	*(3) Are there any defects in the operation of the on-site sewage system?			 		  108
	(4) When was it last inspected? ______________________________________________							109
	By whom: ____________________________________________________________							110
	(5) For how many bedrooms was the on-site sewage system approved? ______ bedrooms							111
E. Are all plumbing fixtures, including laundry drain, connected to the sewer/on-site								112
	sewage system?							113
	If no, please explain:________________________________________________________							114
*F. Have there been any changes or repairs to the on-site sewage system?								115
G. Is the on-site sewage system, including the drainfield, located entirely within the								116
	boundaries of the property?							117
	If no, please explain:________________________________________________________							118
*H. Does the on-site sewage system require monitoring and maintenance services more frequently								119
	than once a year?							120

NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE IS BEING COMPLETED FOR NEW CONSTRUCTION WHICH HAS NEVER BEEN OCCUPIED, SELLER IS NOT REQUIRED TO COMPLETE THE QUESTIONS LISTED IN ITEM 4 (STRUCTURAL) OR ITEM 5 (SYSTEMS AND FIXTURES).

4. STRUCTURAL
*A. Has the roof leaked within the last 5 years?				
*B. Has the basement flooded or leaked?				
*C. Have there been any conversions, additions or remodeling?				
*(1) If yes, were all building permits obtained?				
*(2) If yes, were all final inspections obtained?				
D. Do you know the age of the house?				
If yes, year of original construction: _____________________________________________
*E. Has there been any settling, slippage, or sliding of the property or its improvements?				
*F. Are there any defects with the following: (If yes, please check applicable items and explain)				

 Foundations	 Decks	 Exterior Walls
 Chimneys	 Interior Walls	 Fire Alarms
 Doors	 Windows	 Patio
 Ceilings	 Slab Floors	 Driveways
 Pools	 Hot Tub	 Sauna
 Sidewalks	 Outbuildings	 Fireplaces
 Garage Floors	 Walkways	 Siding
 Wood Stoves	 Elevators	 Incline Elevators

Stairway Chair Lifts  Wheelchair Lifts Other _______________________________________

*G. Was a structural pest or “whole house” inspection done?				
If yes, when and by whom was the inspection completed?
______________________________________________________________________
H. During your ownership, has the property had any wood destroying organism or pest infestation?				
I. Is the attic insulated?				
J. Is the basement insulated?				

121

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________________________________________________________________

SELLER’S INITIALS

Date

SELLER’S INITIALS

Date

Form 17			SELLER DISCLOSURE STATEMENT		©Copyright 2019
Seller Disclosure Statement			IMPROVED PROPERTY	Northwest Multiple Listing Service
Rev. 7/19			IMPROVED PROPERTY		ALL RIGHTS RESERVED
Page 4 of 6			(Continued)		YES	NO	DON’T	N/A	149
5. SYSTEMS AND FIXTURES					YES	NO	DON’T	N/A	149
5. SYSTEMS AND FIXTURES							KNOW		150
*A. If any of the following systems or fixtures are included with the transfer, are there any defects?									151
	If yes, please explain: ____________________________________________________								152
		Electrical system, including wiring, switches, outlets, and service							153
		Plumbing system, including pipes, faucets, fixtures, and toilets							154
		Hot water tank							155
		Garbage disposal							156
		Appliances							157
		Sump pump							158
		Heating and cooling systems	....................................................................................................						159
		Security system:  Owned	 Leased						160
		Other_____________________________________________________________________________________________							161
*B.	If any of the following fixtures or property is included with the transfer, are they leased?								162
	(If yes, please attach copy of lease.)								163
		Security System: _______________________________________________________________________________							164
		Tanks (type): ___________________________________________________________________________________							165
		Satellite dish: ___________________________________________________________________________________							166
		Other: ___________________________________________________________________________________________							167
*C. Are any of the following kinds of wood burning appliances present at the property?									168
	(1) Woodstove?								169
	(2)	Fireplace insert?							170
	(3)	Pellet stove?							171
	(4)	Fireplace?							172
	If yes, are all of the (1) woodstoves or (2) fireplace inserts certified by the U.S. Environmental								173
	Protection Agency as clean burning appliances to improve air quality and public health?								174
D.	Is the property located within a city, county, or district or within a department of natural								175
	resources fire protection zone that provides fire protection services?								176
E.	Is the property equipped with carbon monoxide alarms? (Note: Pursuant to RCW 19.27.530, Seller								177
	must equip the residence with carbon monoxide alarms as required by the state building code.)								178
F. Is the property equipped with smoke detection devices?								 179
	(Note: Pursuant to RCW 43.44.110, if the property is not equipped with at least one smoke								180
	detection device, at least one must be provided by the seller.)								181
6. HOMEOWNERS’ ASSOCIATION/COMMON INTERESTS									182
A.	Is there a Homeowners’ Association?								183
	Name of Association and contact information for an officer, director, employee, or other authorized								184
	agent, if any, who may provide the association's financial statements, minutes, bylaws, fining policy,								185
	and other information that is not publicly available: ______________________________								186
B.	Are there regular periodic assessments?								187
	$ ______________ per  month  year								188
	 Other: _______________________________________________________________								189
*C. Are there any pending special assessments?									190
*D. Are there any shared “common areas” or any joint maintenance agreements (facilities									191
	such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas								192
	co-owned in undivided interest with others)?								193
7. ENVIRONMENTAL									194
*A. Have there been any flooding, standing water, or drainage problems on the property									195
	that affect the property or access to the property?								196
*B.	Does any part of the property contain fill dirt, waste, or other fill material?								197
*C. Is there any material damage to the property from fire, wind, floods, beach movements,									198
	earthquake, expansive soils, or landslides?								199
D.	Are there any shorelines, wetlands, floodplains, or critical areas on the property?								200
*E. Are there any substances, materials, or products in or on the property that may be environmental									201
	concerns, such as asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical								202
	storage tanks, or contaminated soil or water?								203
*F. Has the property been used for commercial or industrial purposes?									204
________________________________			________________________________

SELLER’S INITIALS

Date

SELLER’S INITIALS

Date

Form 17		SELLER DISCLOSURE STATEMENT		©Copyright 2019
Seller Disclosure Statement		IMPROVED PROPERTY	Northwest Multiple Listing Service
Rev. 7/19				ALL RIGHTS RESERVED
Page 5 of 6		(Continued)		YES	NO	DON’T	N/A	205
				YES	NO	DON’T	N/A	205
*G. Is there any soil or groundwater contamination?						KNOW		206
*G. Is there any soil or groundwater contamination?							207
*H. Are there transmission poles or other electrical utility equipment installed, maintained, or								208
	buried on the property that do not provide utility service to the structures on the property?							209
*I.	Has the property been used as a legal or illegal dumping site?							210
*J.	Has the property been used as an illegal drug manufacturing site?							211
*K.	Are there any radio towers in the area that cause interference with cellular telephone reception?						212
8. LEAD BASED PAINT (Applicable if the house was built before 1978).								213
A.	Presence of lead-based paint and/or lead-based paint hazards (check one below):							214
	 Known lead-based paint and/or lead-based paint hazards are present in the housing							215
	(explain). ___________________________________________________________							216
	Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.							217
B.	Records and reports available to the Seller (check one below):							218
	 Seller has provided the purchaser with all available records and reports pertaining to							219
	lead-based paint and/or lead-based paint hazards in the housing (list documents below).							220
	___________________________________________________________________							221
	 Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.							222
9. MANUFACTURED AND MOBILE HOMES								223
If the property includes a manufactured or mobile home,								224
*A. Did you make any alterations to the home?								225
	If yes, please describe the alterations: ________________________________________							226
*B. Did any previous owner make any alterations to the home?								227
*C. If alterations were made, were permits or variances for these alterations obtained?								228
10. FULL DISCLOSURE BY SELLERS								229
A. Other conditions or defects:								230
	*Are there any other existing material defects affecting the property that a prospective							231
	buyer should know about?						232

B.Verification

The foregoing answers and attached explanations (if any) are complete and correct to the best of Seller’s knowledge and Seller has received a copy hereof. Seller agrees to defend, indemnify and hold real estate licensees harmless from and against any and all claims that the above information is inaccurate. Seller authorizes 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.

_________________________________________________		____________________________________________________
Seller	Date	Seller	Date

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If the answer is “Yes” to any asterisked (*) items, please explain below (use additional sheets if necessary). Please refer to the line	240
number(s) of the question(s).	241
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Form 17	SELLER DISCLOSURE STATEMENT	©Copyright 2019
Seller Disclosure Statement	IMPROVED PROPERTY	Northwest Multiple Listing Service
Rev. 7/19	IMPROVED PROPERTY	ALL RIGHTS RESERVED
Page 6 of 6	(Continued)
II. NOTICES TO THE BUYER			255
1. SEX OFFENDER REGISTRATION			256
INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW ENFORCEMENT			257
AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT			258
AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS.			259
2. PROXIMITY TO FARMING/WORKING FOREST			260
THIS NOTICE IS TO INFORM YOU THAT THE REAL PROPERTY YOU ARE CONSIDERING FOR PURCHASE MAY LIE IN			261
CLOSE PROXIMITY TO A FARM OR WORKING FOREST. THE OPERATION OF A FARM OR WORKING FOREST			262
INVOLVES USUAL AND CUSTOMARY AGRICULTURAL PRACTICES OR FOREST PRACTICES, WHICH ARE PROTECTED			263
UNDER RCW 7.48.305, THE WASHINGTON RIGHT TO FARM ACT.			264
3. OIL TANK INSURANCE			265
THIS NOTICE IS TO INFORM YOU THAT IF THE REAL PROPERTY YOU ARE CONSIDERING FOR PURCHASE UTILIZES			266
AN OIL TANK FOR HEATING PURPOSES, NO COST INSURANCE MAY BE AVAILABLE FROM THE POLLUTION LIABILITY			267
INSURANCE AGENCY.			268
III. BUYER’S ACKNOWLEDGEMENT			269
1. BUYER HEREBY ACKNOWLEDGES THAT:			270
A. Buyer has a duty to pay diligent attention to any material defects that are known to Buyer or can be known to Buyer by			271
utilizing diligent attention and observation.			272
B. The disclosures set forth in this statement and in any amendments to this statement are made only by the Seller and			273
not by any real estate licensee or other party.			274
C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are not liable for inaccurate information			275
provided by Seller, except to the extent that real estate licensees know of such inaccurate information.			276
D. This information is for disclosure only and is not intended to be a part of the written agreement between the Buyer and Seller.			277
E. Buyer (which term includes all persons signing the “Buyer’s acceptance” portion of this disclosure statement below) has			278
received a copy of this Disclosure Statement (including attachments, if any) bearing Seller’s signature(s).			279

F.If the house was built prior to 1978, Buyer acknowledges receipt of the pamphlet Protect Your Family From Lead in Your Home. 280

DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER BASED ON SELLER’S				281
ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE. UNLESS BUYER				282
AND SELLER OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE (3) BUSINESS DAYS FROM THE DAY				283
SELLER OR SELLER’S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY				284
DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER’S AGENT. YOU				285
MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT.				286
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES				287
THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE				288
LICENSEE OR OTHER PARTY.				289
_____________________________________________________		___________________________________________________		290
Buyer	Date	Buyer	Date	291

2.BUYER’S WAIVER OF RIGHT TO REVOKE OFFER

Buyer has read and reviewed the Seller’s responses to this Seller Disclosure Statement. Buyer approves this statement and waives Buyer’s right to revoke Buyer’s offer based on this disclosure.

_____________________________________________________		___________________________________________________
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3.BUYER’S WAIVER OF RIGHT TO RECEIVE COMPLETED SELLER DISCLOSURE STATEMENT

Buyer has been advised of Buyer's right to receive a completed Seller Disclosure Statement. Buyer waives that right. However, if the answer to any of the questions in the section entitled “Environmental” would be “yes,” Buyer may not waive the receipt of the “Environmental” section of the Seller Disclosure Statement.

_____________________________________________________		___________________________________________________
Buyer	Date	Buyer	Date

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________________________________________________________________

SELLER’S INITIALS

Date

SELLER’S INITIALS

Date

▼ PDF

Document Specs

Fact	Detail
Purpose of Form 17	Form 17 is a Seller Disclosure Statement used in transfers of improved residential real property, including residential dwellings up to four units, new construction, condominiums not subject to a public offering statement, certain timeshares, and manufactured and mobile homes.
Governing Law	The form is governed by RCW Chapter 64.06, providing detailed information on the requirements and provisions for seller disclosures in the state.
Deadline for Delivery	The disclosure statement must be delivered to the buyer not later than five business days after mutual acceptance of a written purchase and sale agreement, unless otherwise agreed.
Buyer's Right to Rescind	Buyers have three business days from the day the disclosure statement is delivered to rescind the agreement by delivering a separately signed written statement of rescission to the seller or seller’s agent, unless the buyer and seller agree otherwise in writing.
Disclosure Content	The disclosures made by the seller are based on the seller’s actual knowledge of the property at the time the disclosure statement is completed. These include, but are not limited to, information about title, water, sewer, structural conditions, systems and fixtures, environmental concerns, and any material defects.

Instructions on Writing Real Estate Seller Disclosure 17

Filling out the Real Estate Seller Disclosure Statement, known as Form 17, is a critical step in the home selling process. This form requires sellers to disclose information about the condition of their property. Here’s a guide to help you navigate through each section, ensuring you provide all the necessary details to prospective buyers. Remember, being accurate and transparent can help prevent legal issues down the line.

Start with your personal details. Fill in the “SELLER” field with your full name.
Property address and legal description. Complete the address, city, state, zip, and county fields with the property’s information. If applicable, attach the legal description as Exhibit A.
Occupancy status. Indicate whether you are currently occupying the property by checking the appropriate box.
Title and Legal Issues. Answer all questions under this section, which includes your legal authority to sell, any issues with the title, encroachments, easements, and more. If you check "No" or "Don't Know" to any items that require an explanation, be sure to attach a separate sheet detailing these.
Water Supply and Quality. Provide details about the property’s water source, any known problems, and the adequacy of the supply. If there are water rights or shared water agreements, disclose this information too.
Sewer/On-site Sewage System. Describe the property’s sewage system, whether it’s connected to a public sewer, and any known issues. Include details about permits, inspections, and maintenance.
Structural Information. Disclose any known issues with the property's structure, including the roof, basement, additions, or remodeling. Ensure to mention any permits or inspections related to these alterations.
Systems and Fixtures. Indicate the condition of the electrical system, plumbing, heating and cooling, and any included appliances. Highlight any defects or maintenance issues.
Homeowners’ Association. If the property is part of a homeowners' association, provide the necessary details including regular assessments and any special assessments pending.
Environmental Concerns. Disclose any known environmental hazards like flooding, soil contamination, or the presence of lead-based paint if the property was built before 1978.
Manufactured and Mobile Homes. If applicable, include information about any alterations made to manufactured or mobile homes on the property.
Additional Disclosures. Use this section to disclose any other defects or material facts that haven’t been covered in the previous sections.
Verification and Signature. Verify that all the information provided is correct to the best of your knowledge. Sign and date the form along with your co-seller if applicable. Remember to include explanations for any "Yes" responses to asterisked (*) items on additional sheets, referring to the line numbers of the questions.

Once completed, this document should be delivered to the buyer within the agreed timeframe. It serves as an official declaration of the property's condition and could be a crucial aspect of the sale negotiation.

Understanding Real Estate Seller Disclosure 17

What is the Real Estate Seller Disclosure 17 form?

The Real Estate Seller Disclosure 17 form, also known as Form 17, is a disclosure statement required by law in some states for the sale of improved residential real property. This includes residential dwellings of up to four units, new construction, condominiums not under a public offering statement, certain timeshares, and manufactured/mobile homes. The form is designed to disclose the condition of the property at the time of sale, based on the seller's actual knowledge.

Who is required to complete the Form 17?

Sellers of improved residential real property as specified in the form's guidelines are required to complete the Form 17. This requirement is meant to inform the buyer about existing material facts or material defects related to the property.

What happens if a seller does not provide a completed Form 17?

If a seller fails to provide a completed Form 17, the buyer may have the right to rescind the agreement by delivering a separately signed written statement of rescission to the seller or the seller’s agent within three business days from the delivery of the disclosure statement, unless otherwise agreed in writing.

What should a seller do if they answer "Yes" to asterisked (*) items on the form?

If a seller answers "Yes" to any question marked with an asterisk (*), they must provide an explanation of their answer. This explanation should be detailed on attached sheets, referencing the line number(s) of the question(s) being explained.

Is the Form 17 a part of the purchase and sale agreement?

No, the information provided in Form 17 is for disclosure only and is not intended to be a part of the written agreement between the buyer and seller. However, it plays a critical role in the buyer's understanding of the property's condition.

Can the buyer inspect the property?

Yes, buyers are advised to obtain and pay for the services of qualified experts to inspect the property for a more comprehensive assessment. This may include, among others, architects, engineers, and building inspectors.

What are the consequences if inaccuracies are found in Form 17 after the property is sold?

The seller agrees to indemnify and hold real estate licensees harmless from any claims that the information provided in Form 17 is inaccurate. It implies that sellers must provide truthful and accurate disclosures to the best of their knowledge.

Are there any specifics related to water source disclosures?

Yes, sellers must disclose the source of water for the property, whether it is from a private or public water system, a private well, or other. If the water source is shared or if there are any known issues, these must also be disclosed.

What does the Form 17 entail regarding environmental concerns?

Sellers are required to disclose any known environmental concerns related to the property, such as the presence of asbestos, radon gas, lead-based paint, and any soil or water contamination. This section aims to inform the buyer of any potential environmental hazards associated with the property.

Common mistakes

One common mistake people make when filling out the Real Estate Seller Disclosure Statement, often referred to as Form 17, is leaving sections blank when the information requested does not apply to their situation. The instructions clearly advise completing all parts of the form and selecting "NA" (not applicable) for any question that doesn't pertain to the property in question. This approach prevents any misunderstandings or assumptions that the seller might have overlooked or intentionally omitted information.

Another area where sellers often err is in not providing detailed explanations for "yes" answers to asterisked (*) items. The form requires that if a seller answers affirmatively to any question marked with an asterisk, they must offer a detailed explanation on attached sheets, referencing the line numbers of the relevant questions. Neglecting to provide these explanations can lead to confusion, misinterpretation of the condition of the property, and potential legal issues down the line.

Many sellers fail to adequately disclose known issues with water sources, as required in the water section of the form. Issues such as inadequate year-round supply, any required treatments, or known problems with water quality must be clearly spelled out. Sellers who neglect to share this information might not only jeopardize the sale but could also face legal consequences for failing to disclose material facts about the property's water source.

A significant error on Form 17 involves inaccuracies or omissions in the section regarding zoning, permits, and the legal status of additions or modifications to the property. If any work was done without the necessary permits or if any part of the property does not comply with current zoning laws, sellers must disclose this information. Failure to do so can result in legal action from the buyer once the oversight is discovered, often after the transaction has been completed.

Lastly, in the environmental section, sellers sometimes underestimate the importance of disclosing potential hazards like the presence of lead-based paint (applicable if the home was built before 1978), asbestos, radon gas, or other environmental concerns. This omission not only risks the health and safety of the buyer but also exposes the seller to liability if harm results from undisclosed environmental hazards. It is critical for sellers to be thorough and transparent when completing this section of the disclosure statement.

Documents used along the form

When handling real estate transactions, various forms and documents supplement the main Real Estate Seller Disclosure, known as Form 17. These supporting documents are crucial for ensuring a transparent, legally compliant, and informative transaction process. Here's a brief overview of five commonly used documents in conjunction with Form 17:

Lead-Based Paint Disclosure: This form is necessary for any property that was constructed before 1978. Sellers must disclose any known presence of lead-based paint and any related dangers. It's a critical document for protecting buyers from the health risks associated with lead exposure.
Title Report: The title report provides detailed information about the property's legal status, including ownership history, recorded liens, and any easements or encumbrances that might affect the property. It ensures that the buyer is fully aware of any potential legal issues before proceeding with the purchase.
Home Inspection Report: A thorough inspection of the property by a licensed professional gives a comprehensive look into the home's condition, highlighting any repairs or deficiencies. This report is vital for buyers to understand the maintenance and repair responsibilities they are assuming.
Natural Hazard Disclosure Statement: In certain states, sellers are required to provide this disclosure, which outlines the property's potential exposure to natural hazards like floods, earthquakes, and wildfires. It is crucial for informing the buyer of any risks that could affect the property's safety and value.
Homeowner’s Association (HOA) Documents: For properties within a homeowners’ association, detailed documents including the association's covenants, conditions, restrictions, bylaws, and financial statements must be disclosed. These documents inform the buyer about the rules and fees associated with living in the community.

Understanding and properly handling these documents can significantly influence the success and legality of a real estate transaction. Both buyers and sellers are encouraged to engage with these forms diligently to ensure a smooth and informed property transfer process.

Similar forms

The Lead-Based Paint Disclosure is similarly crucial in real estate transactions involving houses built before 1978. Much like the Seller Disclosure Statement (Form 17), this document informs buyers about the presence of lead-based paint, an important health consideration. Sellers must declare their knowledge of lead paint and provide any existing records or reports. This parallels Form 17’s requirement for sellers to disclose known material facts or defects to potential buyers, ensuring transparency and safety in the buying process.

A Homeowners' Association (HOA) Resale Certificate is another document that resembles the Seller Disclosure Statement. Sellers living in a community governed by an HOA must provide buyers with detailed information about the association's fees, rules, and financial health. This transparency is akin to the detailed disclosures in Form 17, which covers a broad range of property aspects including environmental concerns and structural integrity, aiming to equip the buyer with all necessary information for an informed purchase decision.

The Home Inspection Report, though typically prepared by a third party following an in-depth examination of the property, shares the goal of the Seller Disclosure Statement in informing the buyer about the property’s condition. It covers the home’s structure, systems, and fixtures in much greater detail, thus complementing the disclosures made in Form 17. Whereas the Seller Disclosure is based on the seller’s knowledge, the inspection report offers an expert’s assessment, both serving to reveal critical information to the buyer.

A Title Report mirrors the Seller Disclosure Statement's section on title and access issues by providing a comprehensive history of the property's ownership, outstanding liens, and encumbrances. This report ensures the buyer is aware of any legal impediments that might affect their use or ownership of the property, paralleling Form 17's intent to disclose significant facts that could influence the buyer's decision or future use of the property.

The Natural Hazard Disclosure Statement, required in some states, is like the Environmental section of Form 17. Sellers must disclose if the property lies within areas prone to natural hazards such as floods, earthquakes, or wildfires. This concurs with Form 17’s mandate that sellers report any environmental concerns affecting the property, ensuring buyers are aware of potential natural risks associated with their new home.

The Pest Inspection Report, while specific to inspecting for wood-destroying organisms, aligns with Form 17's question regarding pest infestations. Both documents serve to inform the buyer about current or potential issues related to pest damage, highlighting the importance of addressing these concerns before proceeding with the purchase.

Finally, the property deed itself, while primarily a legal document transferring ownership, shares the essence of the Seller Disclosure Statement by ensuring the buyer receives all necessary rights and privileges associated with the property. Similar to how Form 17 discloses conditions affecting the property’s use, the deed confirms the buyer’s legal claim and any conditions tied to it.

Dos and Don'ts

When completing the Real Estate Seller Disclosure Statement (Form 17), ensuring accuracy and full disclosure is crucial. Here are essential dos and don'ts to follow:

Do:

Complete every section: Do not leave any blanks. If a question does not apply, mark it as "N/A" (Not Applicable).
Be honest and accurate: Provide truthful responses based on your current knowledge of the property. Misrepresentation can lead to legal consequences.
Attach additional documents if needed: If you answer "Yes" to any asterisked (*) question, make sure to explain your answer in detail on attached sheets, referring to the question numbers.
Review for completeness: Before submitting, double-check all entries and attached documents to ensure completeness and accuracy.
Initial and date every page: This confirms that you have reviewed the information on each page and it corresponds to your current knowledge.

Don't:

Omit known issues: Failing to disclose known problems with the property can lead to legal challenges and potential sale disruptions.
Guess or estimate: If you are uncertain about an answer, it is better to state "Don't Know" rather than providing inaccurate information.
Ignore asterisked (*) items: These items require explanations for "Yes" responses. Neglecting this can lead to incomplete disclosures.
Delay submission: Ensure the disclosure is delivered within five business days after mutual acceptance of a written purchase and sale agreement, unless another timeframe is agreed upon.
Forget to disclose legal or environmental concerns: This includes issues like easements, zoning violations, or environmental hazards. Such oversights can create significant problems after the sale.

Misconceptions

Understanding the Real Estate Seller Disclosure Statement, often referred to as Form 17, is crucial for both sellers and buyers in the process of transferring property. However, misconceptions about this form can lead to confusion, missteps, and missed opportunities. Let's clear up some of the most common misunderstandings.

Misconception 1: "NA" means not applicable, so it’s okay to leave sections blank if you don’t know the answer.
This is incorrect. Sellers must address every question on the form. If the question does not apply to the property, marking it as "NA," meaning not applicable, is the correct approach. However, leaving questions blank because you're unsure of the answer is not advisable and can lead to complications or mistrust in the transaction. Always strive for full disclosure to the best of your knowledge.
Misconception 2: Only significant issues need to be disclosed.
It's a common misunderstanding that minor problems or issues that have been repaired don't need to be mentioned. In reality, sellers should disclose all known material facts or defects, regardless of their current status. This includes past problems that have been fixed. Full transparency is key in avoiding future liability.
Misconception 3: Sellers must fix issues identified in the disclosure.
The purpose of Form 17 is to inform, not to obligate the seller to make repairs. Upon learning about specific issues with the property, the buyer has the option to request repairs during the negotiation process, look for another property, or accept the issues as-is. Sellers are not automatically responsible for fixing problems disclosed in Form 17.
Misconception 4: The disclosure form is just a formality and doesn’t carry legal weight.
This is not the case. The Real Estate Seller Disclosure Statement is a legally binding document. Sellers who knowingly withhold information or misrepresent the condition of their property can face legal repercussions, including being held responsible for damages and costs that arise from those undisclosed or misrepresented conditions.
Misconception 5: Form 17 is the ultimate safeguard for buyers against purchasing a defective property.
While Form 17 provides valuable insights into the property’s condition from the seller’s perspective, it does not replace the need for a professional home inspection. Buyers should always conduct thorough inspections by qualified experts to uncover potential issues that may not be evident to or disclosed by the seller.

In summary, understanding the purpose, requirements, and legal implications of the Real Estate Seller Disclosure Statement is crucial for both sellers and buyers. Clear communication and transparency can facilitate a smoother transaction and help avoid potential legal issues down the line.

Key takeaways

Filling out and using a Real Estate Seller Disclosure Statement, often referred to as Form 17, involves several important steps and considerations that sellers and buyers of real estate should be aware of. Regarding Form 17, here are four key takeaways:

Accuracy and completeness are paramount. When completing Form 17, the seller must ensure that all information provided is accurate and complete to the best of their knowledge. Inaccuracy or omission of material facts or defects might lead to legal liabilities. Sellers are encouraged not to leave any space blank and to be thorough when explaining any "yes" answers to questions, especially those with an asterisk (*), which signifies the need for detailed explanation and possibly attaching additional documents.
Timely delivery is essential. The Real Estate Seller Disclosure Statement must be delivered to the buyer not later than five business days after mutual acceptance of a written purchase and sale agreement, unless agreed otherwise. This timely delivery is crucial as it allows buyers to make informed decisions and provides them with a certain period to rescind the agreement if they choose to, based on the disclosures made.
Disclosure is for informational purposes. It’s important for both parties to understand that the information provided in Form 17 is for disclosure only and is not intended to be part of any written agreement between the buyer and seller. This doesn't negate the significance of the disclosures; instead, it underscores the importance of obtaining professional advice or inspections for a more comprehensive examination of the property's condition.
Legal requirements for specific disclosures. Certain sections of Form 17, such as those concerning the presence of lead-based paint in properties built before 1978, carry specific legal disclosures that must be addressed fully and accurately. Additionally, sellers are required to equip the residence with carbon monoxide and smoke detection devices as per state building codes, highlighting the legal implications and the necessity for sellers to be well-informed and compliant when completing the form.

Understanding these key points helps sellers accurately depict the condition of their property and informs buyers about potential issues. This process not only ensures compliance with legal requirements but also promotes transparency in real estate transactions, contributing to smoother negotiations and fostering trust between parties involved.

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