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Mandated DisclosuresSeller_disclosure_statement_form_17_requirementsMEDIUM

A listing broker in Olympia advises her seller client that the seller does not need to disclose a known underground oil storage tank on the property because the tank was removed ten years ago and the seller received a clean environmental report at that time. The buyer's broker disagrees. Under RCW Chapter 64.06, which position is correct?

Correct Answer

A) The buyer's broker is correct; the seller must disclose the prior existence of the tank and the remediation on Form 17

Under RCW 64.06, Form 17 requires sellers to disclose known environmental conditions affecting the property, including the prior existence of underground storage tanks and any remediation that has occurred. The fact that remediation was completed and a clean report was obtained does not eliminate the disclosure obligation — buyers have the right to know about prior environmental issues and the steps taken to address them. Material history must be disclosed even if the condition is resolved.

Answer Options
A
The buyer's broker is correct; the seller must disclose the prior existence of the tank and the remediation on Form 17
B
The listing broker is correct; environmental issues resolved more than five years ago need not be disclosed on Form 17
C
The buyer's broker is correct; the seller must disclose the issue only if the buyer specifically asks about underground storage tanks
D
The listing broker is correct; a clean environmental report eliminates any disclosure obligation for that issue

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Related Topics & Key Terms

Key Terms:

form_17environmental_disclosureunderground_storage_tankrcw_64_06affirmative_duty

Related Concepts

An as-is clause in a real estate contract states that the buyer accepts the property in its current condition without requiring the seller to make any repairs. However, an as-is sale does NOT eliminate the seller's obligation to disclose known defects.

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