Engrossed Second Substitute House Bill 1335 — State of Washington, 67th Legislature, 2021 Regular Session
Summary
The text of Engrossed Second Substitute House Bill 1335, State of Washington, 67th Legislature, 2021 Regular Session, by House Appropriations, read first time 02/22/21. The bill is an act relating to review and property owner notification of recorded documents with unlawful racial restrictions, amending RCW 64.06.020 and 49.60.227. It provides that, subject to the availability of amounts appropriated, the University of Washington and Eastern Washington University shall review recorded covenants and deed restrictions and notify the property owner and the county auditor, with that section expiring July 1, 2027. It also states the act applies to real estate transactions entered into on or after January 1, 2022.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Engrossed Second Substitute House Bill 1335 — State of Washington, 67th Legislature, 2021 Regular Session.”
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ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1335
State of Washington 67th Legislature 2021 Regular Session
By House Appropriations (originally sponsored by Representatives
Valdez, Rude, Berry, Fitzgibbon, Morgan, Santos, Shewmake, Davis,
Berg, Gilday, Bergquist, Fey, Bateman, Lekanoff, Lovick, Callan,
Riccelli, Rule, Pollet, Senn, and Harris-Talley)
READ FIRST TIME 02/22/21.
1 AN ACT Relating to review and property owner notification of
2 recorded documents with unlawful racial restrictions; amending RCW
3 64.06.020 and 49.60.227; adding a new section to chapter 49.60 RCW;
4 creating new sections; and providing an expiration date.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6 NEW SECTION. Sec. 1. The legislature finds that the existence
7 of racial, religious, or ethnic-based property restrictions or
8 covenants on a deed or chain of title for real property is like
9 having a monument to racism on that property and is repugnant to the
10 tenets of equality. Furthermore, such restrictions and covenants may
11 cause mental anguish and tarnish a property owner's sense of
12 ownership in the property because the owner feels as though they have
13 participated in a racist act themselves.
14 It is the intent of the legislature that the owner, occupant, or
15 tenant or homeowners' association board of the property which is
16 subject to an unlawful deed restriction or covenant pursuant to RCW
17 49.60.224 is entitled to have discriminatory covenants and
18 restrictions that are contrary to public policy struck from their
19 chain of title. The legislature has presented two ways this can be
20 accomplished through RCW 49.60.227(1) (a) and (b). If the owner,
21 occupant, or tenant or homeowners' association board of the property
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1 elects to pursue a judicial remedy, the legislature intends that the
2 court issue a declaratory judgment ordering the county auditor, or in
3 charter counties the county official charged with the responsibility
4 for recording instruments in the county records, to entirely strike
5 the racist or otherwise discriminatory covenants from the chain of
6 title. Striking the language does not prevent preservation of the
7 original record, outside of the chain of title, for historical or
8 archival purposes.
9 The legislature finds that striking racist, religious, and ethnic
10 restrictions or covenants from the chain of title is no different
11 than having an offensive statutory monument which the owner may
12 entirely remove. So too should the owner be able to entirely remove
13 the offensive written monument to racism or other unconstitutional
14 discrimination.
15 NEW SECTION. Sec. 2. A new section is added to chapter 49.60
16 RCW to read as follows:
17 (1) Subject to the availability of amounts appropriated for this
18 specific purpose, the University of Washington and Eastern Washington
19 University shall review existing recorded covenants and deed
20 restrictions to identify those recorded documents that include racial
21 or other restrictions on property ownership or use against protected
22 classes that are unlawful under RCW 49.60.224. For properties subject
23 to such racial and other unlawful restrictions, the universities
24 shall provide notice to the property owner and to the county auditor
25 of the county in which the property is located. The universities
26 shall provide information to the property owner on how such
27 provisions can be struck pursuant to RCW 49.60.227. The universities
28 may contract with other public and private not-for-profit higher
29 education institutions that are regionally accredited to carry out
30 the review and notification requirements of this section.
31 (2) This section expires July 1, 2027.
32 Sec. 3. RCW 64.06.020 and 2019 c 455 s 3 are each amended to
33 read as follows:
34 (1) In a transaction for the sale of improved residential real
35 property, the seller shall, unless the buyer has expressly waived the
36 right to receive the disclosure statement under RCW 64.06.010, or
37 unless the transfer is otherwise exempt under RCW 64.06.010, deliver
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1 to the buyer a completed seller disclosure statement in the following
2 format and that contains, at a minimum, the following information:
3 INSTRUCTIONS TO THE SELLER
4 Please complete the following form. Do not leave any spaces blank. If
5 the question clearly does not apply to the property write "NA." If
6 the answer is "yes" to any * items, please explain on attached
7 sheets. Please refer to the line number(s) of the question(s) when
8 you provide your explanation(s). For your protection you must date
9 and sign each page of this disclosure statement and each attachment.
10 Delivery of the disclosure statement must occur not later than five
11 business days, unless otherwise agreed, after mutual acceptance of a
12 written contract to purchase between a buyer and a seller.
13 NOTICE TO THE BUYER
14 THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITION OF
15 THE PROPERTY LOCATED AT. . . . . . . . . . . . . . . . . . . . . . .
16 ("THE PROPERTY"), OR AS LEGALLY DESCRIBED ON ATTACHED EXHIBIT A.
17 SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR
18 MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE
19 PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT.
20 UNLESS YOU AND SELLER OTHERWISE AGREE IN WRITING, YOU HAVE THREE
21 BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS
22 DISCLOSURE STATEMENT TO YOU TO RESCIND THE AGREEMENT BY DELIVERING A
23 SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR
24 SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED
25 DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR
26 TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT.
27 THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE
28 REPRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS
29 INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART
30 OF ANY WRITTEN AGREEMENT BETWEEN BUYER AND SELLER.
31 FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF
32 THIS PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF
33 QUALIFIED EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT
34 LIMITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS,
35 ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, ON-SITE WASTEWATER
36 TREATMENT INSPECTORS, OR STRUCTURAL PEST INSPECTORS. THE PROSPECTIVE
37 BUYER AND SELLER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR
38 INSPECTIONS OF THE PROPERTY OR TO PROVIDE APPROPRIATE PROVISIONS IN A
p. 3 E2SHB 1335
1 CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION, DEFECTS
2 OR WARRANTIES.
3 Seller . . . . is/ . . . . is not occupying the property.
4 I. SELLER'S DISCLOSURES:
5 *If you answer "Yes" to a question with an asterisk (*), please explain your
6 answer and attach documents, if available and not otherwise publicly recorded. If
7 necessary, use an attached sheet.
8 1. TITLE
9 [ ] Yes [ ] No [ ] Don't know A. Do you have legal authority to sell
10 the property? If no, please explain.
11 [ ] Yes [ ] No [ ] Don't know *B. Is title to the property subject to
12 any of the following?
13 (1) First right of refusal
14 (2) Option
15 (3) Lease or rental agreement
16 (4) Life estate?
17 [ ] Yes [ ] No [ ] Don't know *C. Are there any encroachments,
18 boundary agreements, or boundary
19 disputes?
20 [ ] Yes [ ] No [ ] Don't know *D. Is there a private road or easement
21 agreement for access to the property?
22 [ ] Yes [ ] No [ ] Don't know *E. Are there any rights-of-way,
23 easements, or access limitations that
24 may affect the Buyer's use of the
25 property?
26 [ ] Yes [ ] No [ ] Don't know *F. Are there any written agreements
27 for joint maintenance of an easement
28 or right-of-way?
29 [ ] Yes [ ] No [ ] Don't know *G. Is there any study, survey project,
30 or notice that would adversely affect
31 the property?
32 [ ] Yes [ ] No [ ] Don't know *H. Are there any pending or existing
33 assessments against the property?
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1 [ ] Yes [ ] No [ ] Don't know *I. Are there any zoning violations,
2 nonconforming uses, or any unusual
3 restrictions on the property that would
4 affect future construction or
5 remodeling?
6 [ ] Yes [ ] No [ ] Don't know *J. Is there a boundary survey for the
7 property?
8 [ ] Yes [ ] No [ ] Don't know *K. Are there any covenants,
9 conditions, or restrictions recorded
10 against the property?
11 NOTICE TO THE BUYER:
12 Covenants or deed restrictions based
13 on race, creed, sexual orientation, or
14 other protected class were voided by
15 RCW 49.60.224 and are
16 unenforceable. Washington law allows
17 for the illegal language to be struck by
18 bringing an action in superior court or
19 by the free recording of a restrictive
20 covenant modification document.
21 Many county auditor websites provide
22 a short form with instructions on this
23 process.
24 2. WATER
25 A. Household Water
26 (1) The source of water for the
27 property is:
28 [ ] Private or publicly owned
29 water system
30 [ ] Private well serving only the
31 subject property . . . . . .
32 *[ ] Other water system
33 [ ] Yes [ ] No [ ] Don't know *If shared, are there any written
34 agreements?
35 [ ] Yes [ ] No [ ] Don't know *(2) Is there an easement
36 (recorded or unrecorded) for
37 access to and/or maintenance of
38 the water source?
p. 5 E2SHB 1335
1 [ ] Yes [ ] No [ ] Don't know *(3) Are there any problems or
2 repairs needed?
3 [ ] Yes [ ] No [ ] Don't know (4) During your ownership, has
4 the source provided an adequate
5 year-round supply of potable
6 water? If no, please explain.
7 [ ] Yes [ ] No [ ] Don't know *(5) Are there any water
8 treatment systems for the
9 property? If yes, are they
10 [ ] Leased [ ] Owned
11 [ ] Yes [ ] No [ ] Don't know *(6) Are there any water rights
12 for the property associated with
13 its domestic water supply, such as
14 a water right permit, certificate,
15 or claim?
16 [ ] Yes [ ] No [ ] Don't know (a) If yes, has the water right
17 permit, certificate, or claim been
18 assigned, transferred, or
19 changed?
20 *(b) If yes, has all or any portion
21 of the water right not been used
22 for five or more successive
23 years?
24 [ ] Yes [ ] No [ ] Don't know *(7) Are there any defects in the
25 operation of the water system
26 (e.g. pipes, tank, pump, etc.)?
27 B. Irrigation Water
28 [ ] Yes [ ] No [ ] Don't know (1) Are there any irrigation water
29 rights for the property, such as a
30 water right permit, certificate, or
31 claim?
32 [ ] Yes [ ] No [ ] Don't know *(a) If yes, has all or any portion
33 of the water right not been used
34 for five or more successive
35 years?
36 [ ] Yes [ ] No [ ] Don't know *(b) If so, is the certificate
37 available? (If yes, please attach a
38 copy.)
p. 6 E2SHB 1335
1 [ ] Yes [ ] No [ ] Don't know *(c) If so, has the water right
2 permit, certificate, or claim been
3 assigned, transferred, or
4 changed?
5 [ ] Yes [ ] No [ ] Don't know *(2) Does the property receive
6 irrigation water from a ditch
7 company, irrigation district, or
8 other entity? If so, please identify
9 the entity that supplies water to
10 the property:
11 C. Outdoor Sprinkler System
12 [ ] Yes [ ] No [ ] Don't know (1) Is there an outdoor sprinkler
13 system for the property?
14 [ ] Yes [ ] No [ ] Don't know *(2) If yes, are there any defects
15 in the system?
16 [ ] Yes [ ] No [ ] Don't know *(3) If yes, is the sprinkler
17 system connected to irrigation
18 water?
19 3. SEWER/ON-SITE SEWAGE
20 SYSTEM
21 A. The property is served by:
22 [ ] Public sewer system,
23 [ ] On-site sewage system (including
24 pipes, tanks, drainfields, and all other
25 component parts)
26 [ ] Other disposal system, please
27 describe:
28 [ ] Yes [ ] No [ ] Don't know B. If public sewer system service is
29 available to the property, is the house
30 connected to the sewer main? If no,
31 please explain.
32 [ ] Yes [ ] No [ ] Don't know *C. Is the property subject to any
33 sewage system fees or charges in
34 addition to those covered in your
35 regularly billed sewer or on-site
36 sewage system maintenance service?
37 D. If the property is connected to an
38 on-site sewage system:
p. 7 E2SHB 1335
1 [ ] Yes [ ] No [ ] Don't know *(1) Was a permit issued for its
2 construction, and was it approved
3 by the local health department or
4 district following its
5 construction?
6 (2) When was it last pumped?
7 ........................ ...
8 [ ] Yes [ ] No [ ] Don't know *(3) Are there any defects in the
9 operation of the on-site sewage
10 system?
11 [ ] Don't know (4) When was it last inspected?
12 ........................ ...
13 By whom: . . . . . . . . . . . . . . . . . .
14 [ ] Don't know (5) For how many bedrooms was
15 the on-site sewage system
16 approved?
17 . . . . . . . . . . . . . . . . . . bedrooms
18 [ ] Yes [ ] No [ ] Don't know E. Are all plumbing fixtures, including
19 laundry drain, connected to the
20 sewer/on-site sewage system? If no,
21 please explain: . . . . . . . . . . . . . . . . . .
22 [ ] Yes [ ] No [ ] Don't know *F. Have there been any changes or
23 repairs to the on-site sewage system?
24 [ ] Yes [ ] No [ ] Don't know G. Is the on-site sewage system,
25 including the drainfield, located
26 entirely within the boundaries of the
27 property? If no, please explain.
28 ..............................
29 [ ] Yes [ ] No [ ] Don't know *H. Does the on-site sewage system
30 require monitoring and maintenance
31 services more frequently than once a
32 year?
33 ..............................
34 NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE
35 STATEMENT IS BEING COMPLETED FOR NEW CONSTRUCTION WHICH
36 HAS NEVER BEEN OCCUPIED, THE SELLER IS NOT REQUIRED TO
37 COMPLETE THE QUESTIONS LISTED IN ITEM 4. STRUCTURAL OR
38 ITEM 5. SYSTEMS AND FIXTURES
p. 8 E2SHB 1335
1 4. STRUCTURAL
2 [ ] Yes [ ] No [ ] Don't know *A. Has the roof leaked within the last
3 five years?
4 [ ] Yes [ ] No [ ] Don't know *B. Has the basement flooded or
5 leaked?
6 [ ] Yes [ ] No [ ] Don't know *C. Have there been any conversions,
7 additions, or remodeling?
8 [ ] Yes [ ] No [ ] Don't know *(1) If yes, were all building
9 permits obtained?
10 [ ] Yes [ ] No [ ] Don't know *(2) If yes, were all final
11 inspections obtained?
12 [ ] Yes [ ] No [ ] Don't know D. Do you know the age of the house?
13 If yes, year of original construction:
14 [ ] Yes [ ] No [ ] Don't know *E. Has there been any settling,
15 slippage, or sliding of the property or
16 its improvements?
17 [ ] Yes [ ] No [ ] Don't know *F. Are there any defects with the
18 following: (If yes, please check
19 applicable items and explain.)
20 □ Foundations □ Decks □ Exterior Walls
21 □ Chimneys □ Interior Walls □ Fire Alarm
22 □ Doors □ Windows □ Patio
23 □ Ceilings □ Slab Floors □ Driveways
24 □ Pools □ Hot Tub □ Sauna
25 □ Sidewalks □ Outbuildings □ Fireplaces
26 □ Garage Floors □ Walkways □ Siding
27 □ Other □ Woodstoves □ Elevators
28 □ Incline Elevators □ Stairway Chair □ Wheelchair Lifts
29 Lifts
30 [ ] Yes [ ] No [ ] Don't know *G. Was a structural pest or "whole
31 house" inspection done? If yes, when
32 and by whom was the inspection
33 completed? . . . . . . . . . . . . . . . . . . . . .
34 [ ] Yes [ ] No [ ] Don't know H. During your ownership, has the
35 property had any wood destroying
36 organism or pest infestation?
37 [ ] Yes [ ] No [ ] Don't know I. Is the attic insulated?
p. 9 E2SHB 1335
1 [ ] Yes [ ] No [ ] Don't know J. Is the basement insulated?
2 5. SYSTEMS AND FIXTURES
3 *A. If any of the following systems or
4 fixtures are included with the transfer,
5 are there any defects? If yes, please
6 explain.
7 [ ] Yes [ ] No [ ] Don't know Electrical system, including
8 wiring, switches, outlets, and
9 service
10 [ ] Yes [ ] No [ ] Don't know Plumbing system, including
11 pipes, faucets, fixtures, and
12 toilets
13 [ ] Yes [ ] No [ ] Don't know Hot water tank
14 [ ] Yes [ ] No [ ] Don't know Garbage disposal
15 [ ] Yes [ ] No [ ] Don't know Appliances
16 [ ] Yes [ ] No [ ] Don't know Sump pump
17 [ ] Yes [ ] No [ ] Don't know Heating and cooling systems
18 [ ] Yes [ ] No [ ] Don't know Security system
19 [ ] Owned [ ] Leased
20 Other . . . . . . . . . . . . . . . . . . . . . .
21 *B. If any of the following fixtures or
22 property is included with the transfer,
23 are they leased? (If yes, please attach
24 copy of lease.)
25 [ ] Yes [ ] No [ ] Don't know Security system . . . . . .
26 [ ] Yes [ ] No [ ] Don't know Tanks (type): . . . . . .
27 [ ] Yes [ ] No [ ] Don't know Satellite dish . . . . . .
28 Other: . . . . . .
29 *C. Are any of the following kinds of
30 wood burning appliances present at
31 the property?
32 [ ] Yes [ ] No [ ] Don't know (1) Woodstove?
33 [ ] Yes [ ] No [ ] Don't know (2) Fireplace insert?
34 [ ] Yes [ ] No [ ] Don't know (3) Pellet stove?
35 [ ] Yes [ ] No [ ] Don't know (4) Fireplace?
p. 10 E2SHB 1335
1 [ ] Yes [ ] No [ ] Don't know If yes, are all of the (1)
2 woodstoves or (2) fireplace
3 inserts certified by the U.S.
4 Environmental Protection
5 Agency as clean burning
6 appliances to improve air quality
7 and public health?
8 [ ] Yes [ ] No [ ] Don't know D. Is the property located within a
9 city, county, or district or within a
10 department of natural resources fire
11 protection zone that provides fire
12 protection services?
13 [ ] Yes [ ] No [ ] Don't know E. Is the property equipped with
14 carbon monoxide alarms?
15 (Note: Pursuant to RCW 19.27.530,
16 seller must equip the residence with
17 carbon monoxide alarms as required
18 by the state building code.)
19 [ ] Yes [ ] No [ ] Don't know F. Is the property equipped with
20 smoke detection devices?
21 (Note: Pursuant to RCW 43.44.110, if
22 the property is not equipped with at
23 least one smoke detection device, at
24 least one must be provided by the
25 seller.)
26 6. HOMEOWNERS'
27 ASSOCIATION/COMMON
28 INTERESTS
29 [ ] Yes [ ] No [ ] Don't know A. Is there a Homeowners'
30 Association? Name of Association and
31 contact information for an officer,
32 director, employee, or other authorized
33 agent, if any, who may provide the
34 association's financial statements,
35 minutes, bylaws, fining policy, and
36 other information that is not publicly
37 available:
38 [ ] Yes [ ] No [ ] Don't know B. Are there regular periodic
39 assessments:
p. 11 E2SHB 1335
1 $ . . . per [ ] Month [ ] Year
2 [ ] Other . . . . . . . . . . . . . . . . . . . . . . .
3 [ ] Yes [ ] No [ ] Don't know *C. Are there any pending special
4 assessments?
5 [ ] Yes [ ] No [ ] Don't know *D. Are there any shared "common
6 areas" or any joint maintenance
7 agreements (facilities such as walls,
8 fences, landscaping, pools, tennis
9 courts, walkways, or other areas co-
10 owned in undivided interest with
11 others)?
12 7. ENVIRONMENTAL
13 [ ] Yes [ ] No [ ] Don't know *A. Have there been any flooding,
14 standing water, or drainage problems
15 on the property that affect the property
16 or access to the property?
17 [ ] Yes [ ] No [ ] Don't know *B. Does any part of the property
18 contain fill dirt, waste, or other fill
19 material?
20 [ ] Yes [ ] No [ ] Don't know *C. Is there any material damage to
21 the property from fire, wind, floods,
22 beach movements, earthquake,
23 expansive soils, or landslides?
24 [ ] Yes [ ] No [ ] Don't know D. Are there any shorelines, wetlands,
25 floodplains, or critical areas on the
26 property?
27 [ ] Yes [ ] No [ ] Don't know *E. Are there any substances,
28 materials, or products in or on the
29 property that may be environmental
30 concerns, such as asbestos,
31 formaldehyde, radon gas, lead-based
32 paint, fuel or chemical storage tanks,
33 or contaminated soil or water?
34 [ ] Yes [ ] No [ ] Don't know *F. Has the property been used for
35 commercial or industrial purposes?
36 [ ] Yes [ ] No [ ] Don't know *G. Is there any soil or groundwater
37 contamination?
p. 12 E2SHB 1335
1 [ ] Yes [ ] No [ ] Don't know *H. Are there transmission poles or
2 other electrical utility equipment
3 installed, maintained, or buried on the
4 property that do not provide utility
5 service to the structures on the
6 property?
7 [ ] Yes [ ] No [ ] Don't know *I. Has the property been used as a
8 legal or illegal dumping site?
9 [ ] Yes [ ] No [ ] Don't know *J. Has the property been used as an
10 illegal drug manufacturing site?
11 [ ] Yes [ ] No [ ] Don't know *K. Are there any radio towers in the
12 area that cause interference with
13 cellular telephone reception?
14 8. MANUFACTURED AND
15 MOBILE HOMES
16 If the property includes a
17 manufactured or mobile home,
18 [ ] Yes [ ] No [ ] Don't know *A. Did you make any alterations to
19 the home? If yes, please describe the
20 alterations: . . . . . . . . . .
21 [ ] Yes [ ] No [ ] Don't know *B. Did any previous owner make any
22 alterations to the home?
23 [ ] Yes [ ] No [ ] Don't know *C. If alterations were made, were
24 permits or variances for these
25 alterations obtained?
26 9. FULL DISCLOSURE BY
27 SELLERS
28 A. Other conditions or defects:
29 [ ] Yes [ ] No [ ] Don't know *Are there any other existing material
30 defects affecting the property that a
31 prospective buyer should know about?
32 B. Verification:
p. 13 E2SHB 1335
1 The foregoing answers and attached
2 explanations (if any) are complete and
3 correct to the best of my/our
4 knowledge and I/we have received a
5 copy hereof. I/we authorize all of
6 my/our real estate licensees, if any, to
7 deliver a copy of this disclosure
8 statement to other real estate licensees
9 and all prospective buyers of the
10 property.
11 DATE . . . . . . . . . SELLER . . . . . . . . . . . . SELLER . . . . . . . . . . . . . . .
12 NOTICE TO THE BUYER
13 INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY
14 BE OBTAINED FROM LOCAL LAW ENFORCEMENT AGENCIES. THIS
15 NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN
16 THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE
17 OF REGISTERED SEX OFFENDERS.
18 II. BUYER'S ACKNOWLEDGMENT
19 A. Buyer hereby acknowledges that: Buyer has a duty to pay
20 diligent attention to any material defects that are known to
21 Buyer or can be known to Buyer by utilizing diligent
22 attention and observation.
23 B. The disclosures set forth in this statement and in any
24 amendments to this statement are made only by the Seller
25 and not by any real estate licensee or other party.
26 C. Buyer acknowledges that, pursuant to RCW 64.06.050(2),
27 real estate licensees are not liable for inaccurate
28 information provided by Seller, except to the extent that
29 real estate licensees know of such inaccurate information.
30 D. This information is for disclosure only and is not intended
31 to be a part of the written agreement between the Buyer
32 and Seller.
33 E. Buyer (which term includes all persons signing the
34 "Buyer's acceptance" portion of this disclosure statement
35 below) has received a copy of this Disclosure Statement
36 (including attachments, if any) bearing Seller's signature.
p. 14 E2SHB 1335
1 DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY
2 SELLER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME
3 SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER
4 OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM
5 THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT
6 TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN
7 STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. YOU MAY WAIVE
8 THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE
9 AGREEMENT.
10 BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE
11 STATEMENT AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE
12 OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER
13 PARTY.
14 DATE . . . . . . . BUYER . . . . . . . . . BUYER. . . . . . . . . .
15 (2) If the disclosure statement is being completed for new
16 construction which has never been occupied, the disclosure statement
17 is not required to contain and the seller is not required to complete
18 the questions listed in item 4. Structural or item 5. Systems and
19 Fixtures.
20 (3) The seller disclosure statement shall be for disclosure only,
21 and shall not be considered part of any written agreement between the
22 buyer and seller of residential property. The seller disclosure
23 statement shall be only a disclosure made by the seller, and not any
24 real estate licensee involved in the transaction, and shall not be
25 construed as a warranty of any kind by the seller or any real estate
26 licensee involved in the transaction.
27 Sec. 4. RCW 49.60.227 and 2018 c 65 s 1 are each amended to read
28 as follows:
29 (1)(a) If a written instrument contains a provision that is void
30 by reason of RCW 49.60.224, the owner, occupant, or tenant of the
31 property which is subject to the provision or the homeowners'
32 association board may cause the provision to be stricken from the
33 public records by bringing an action in the superior court in the
34 county in which the property is located. The action shall be an in
35 rem, declaratory judgment action whose title shall be the description
36 of the property. The necessary party to the action shall be the
37 owner, occupant, or tenant of the property or any portion thereof.
p. 15 E2SHB 1335
1 The person bringing the action shall pay a fee set under RCW
2 36.18.012.
3 (b) If the court finds that any provisions of the written
4 instrument are void under RCW 49.60.224, it shall enter an order
5 striking the void provisions from the public records and eliminating
6 the void provisions from the title or lease of the property described
7 in the complaint.
8 (i) A complete copy of any document affected by the order shall
9 be made an exhibit to the order and the order shall identify each
10 document by recording number and date of recordation and set forth
11 verbatim the void provisions to be struck from such document. The
12 order shall include a certified copy of each document, upon which the
13 court has physically redacted the void provisions.
14 (ii) The person bringing the action may obtain and deliver a
15 certified copy of the order to the office of the county auditor or,
16 in charter counties, the county official charged with the
17 responsibility for recording instruments in the county records, in
18 the county where the property is located.
19 (iii) The auditor shall record the documents prepared by the
20 court. An image of each document so corrected shall be placed in the
21 public records. Each corrected document shall contain the following
22 information on the first page or a cover page prepared pursuant to
23 RCW 65.04.047: The auditor's file number or book and page of the
24 original document, a notation that the original document was
25 corrected pursuant to this section, the cause number of the court
26 action, and the date the order was entered.
27 (iv) The auditor or official shall update the index of each
28 original document referenced in the order with the auditor's file
29 number of the corrected document. Further, the index will note that
30 the original record is no longer the primary official public record
31 and is removed from the chain of title pursuant to the court order.
32 (v) At the auditor's or official's discretion, the original
33 document or image may be transferred to the secretary of state
34 archives division to be preserved for historical or archival
35 purposes.
36 (2)(a) As an alternative to the judicial procedure set forth in
37 subsection (1) of this section, the owner of property subject to a
38 written instrument that contains a provision that is void by reason
39 of RCW 49.60.224 may record a restrictive covenant modification
40 document with the county auditor, or in charter counties the county
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1 official charged with the responsibility for recording instruments in
2 the county records, in the county in which the property is located.
3 (b) The modification document shall contain a recording reference
4 to the original written instrument.
5 (c) The modification document must state, in part:
6 "The referenced original written instrument contains
7 discriminatory provisions that are void and unenforceable under RCW
8 49.60.224 and federal law. This document strikes from the referenced
9 original instrument all provisions that are void and unenforceable
10 under law."
11 (d) The effective date of the modification document shall be the
12 same as the effective date of the original written instrument.
13 (e) If the owner causes to be recorded a modification document
14 that contains modifications not authorized by this section, the
15 county auditor or recording officer shall not incur liability for
16 recording the document. Any liability that may result is the sole
17 responsibility of the owner who caused the recordation.
18 (f) No filing or recording fees or otherwise authorized
19 surcharges shall be required for the filing of a modification
20 document pursuant to this section.
21 (3) For the purposes of this section, "restrictive covenant
22 modification document" or "modification document" means a standard
23 form developed and designed by the Washington state association of
24 county auditors.
25 NEW SECTION. Sec. 5. This act applies to real estate
26 transactions entered into on or after January 1, 2022.
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