Legal Resources

Waiving the Long Disclosure Statement When Selling Property

by Kurt Kruckeberg

Under certain circumstances, the disclosure statement can be waived. In most real-estate transactions in Washington, the seller of the property must complete a “Form 17” disclosure statement and give it to the buyer. Form 17 has a couple dozen questions on topics ranging from title matters to environmental issues. But a Form 17 is not required if the buyer expressly waives the right to receive one, so it’s common to include a Form 17 waiver in a purchase and sale agreement. A caveat: if your answer to any of the questions in the environmental section of the Form 17 would disclose an environmental condition, then the buyer cannot waive receipt of that section and you’ll have to provide it.