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WA · Flood-disclosure law

Does a Washington seller have to disclose flooding?

Washington requires sellers of improved residential real property to deliver a Seller Disclosure Statement (Form 17) under RCW 64.06.020. The statutory form includes flood-related items: whether there have been any flooding, standing water, or drainage problems affecting the property or its access, and whether any part of the property contains shorelines, wetlands, floodplains, or critical areas.

Washington at a glance

General disclosure

A general property-condition disclosure captures flooding through a water/drainage or known-defect item, but has no dedicated flood-zone question.

DisclosureRequired
Opt-outYes — caution
Primary-source verified· verified June 16, 2026

The 4-card answer

Washington flood-disclosure, decoded

Whether the seller must disclose, what triggers it, the penalties, and any opt-out gotcha — each card cites its source.

Does the seller have to disclose flooding?

Disclosure required

General disclosure

Washington requires sellers of improved residential real property to deliver a Seller Disclosure Statement (Form 17) under RCW 64.06.020. The statutory form includes flood-related items: whether there have been any flooding, standing water, or drainage problems affecting the property or its access, and whether any part of the property contains shorelines, wetlands, floodplains, or critical areas.

A general property-condition disclosure captures flooding through a water/drainage or known-defect item, but has no dedicated flood-zone question.

RCW 64.06.020Primary-source verified· verified June 16, 2026

What triggers the duty

  • Sale of improved residential real property
  • Not waived by buyer and not an exempt transfer under RCW 64.06.010

Penalties & remedies

Statute centers on the rescission remedy rather than a fixed penalty; misrepresentation/fraud exposure exists under general law. The form states it is the seller's representations, not a warranty.

Buyer remedy: Unless otherwise agreed in writing, the buyer has three business days from delivery of the disclosure statement to rescind the agreement by delivering a signed written rescission notice.

Opt-out gotchas

An opt-out / waiver exists. Buyer may expressly waive the right to receive the disclosure statement (waiver does not apply to certain environmental items); various exempt transfers under RCW 64.06.010.

Research note ▾

Primary RCW fetched; confirms flood/standing-water item (7.A), floodplain/wetland item (7.D), three-business-day rescission right, five-business-day delivery default, and waiver/exemption provisions. disclosure_level 'limited' — general flooding and floodplain/critical-area items rather than a detailed flood-history/FEMA-claim schedule.

Buyer's rights

If you're buying in Washington

Your rights re-framed from the buyer's side, plus a pre-closing checklist that holds in every state.

What Washington law gives you as a buyer

Washington requires a seller disclosure (see the answer cards), so you have a statutory document to rely on — and a remedy if the seller knowingly withheld a material flood fact. Unless otherwise agreed in writing, the buyer has three business days from delivery of the disclosure statement to rescind the agreement by delivering a signed written rescission notice.

Watch the opt-out: Buyer may expressly waive the right to receive the disclosure statement (waiver does not apply to certain environmental items); various exempt transfers under RCW 64.06.010.

Your pre-closing checklist (works in every state)

  • Pull a free FEMA flood-zone lookup

    Enter the address on FEMA's Flood Map Service Center to see the property's flood-zone designation (Special Flood Hazard Area = Zone A/V). This is public and free, regardless of what the seller discloses.

    msc.fema.gov
  • Request a CLUE / loss-history report

    A C.L.U.E. (Comprehensive Loss Underwriting Exchange) report shows insurance claims filed on the property in the last ~7 years, including water and flood claims. The current owner can pull theirs free once a year from LexisNexis.

    LexisNexis consumer disclosure
  • Get an independent inspection — ask about water

    Hire your own inspector and specifically flag drainage, grading, sump pumps, and signs of past water intrusion (staining, efflorescence, fresh paint in basements). An inspection contingency protects you if problems surface.

  • Get a flood-insurance quote before you waive contingencies

    Quote NFIP or private flood coverage early. Homeowners' insurance does NOT cover flood damage. A federally backed mortgage on a property in a Special Flood Hazard Area generally requires flood insurance — budget for it.

    floodsmart.gov

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Washington

Does the seller have to disclose flooding?

Disclosure required

General disclosure

Washington requires sellers of improved residential real property to deliver a Seller Disclosure Statement (Form 17) under RCW 64.06.020. The statutory form includes flood-related items: whether there have been any flooding, standing water, or drainage problems affecting the property or its access, and whether any part of the property contains shorelines, wetlands, floodplains, or critical areas.

A general property-condition disclosure captures flooding through a water/drainage or known-defect item, but has no dedicated flood-zone question.

RCW 64.06.020Primary-source verified· verified June 16, 2026

What triggers the duty

  • Sale of improved residential real property
  • Not waived by buyer and not an exempt transfer under RCW 64.06.010

Penalties & remedies

Statute centers on the rescission remedy rather than a fixed penalty; misrepresentation/fraud exposure exists under general law. The form states it is the seller's representations, not a warranty.

Buyer remedy: Unless otherwise agreed in writing, the buyer has three business days from delivery of the disclosure statement to rescind the agreement by delivering a signed written rescission notice.

Opt-out gotchas

An opt-out / waiver exists. Buyer may expressly waive the right to receive the disclosure statement (waiver does not apply to certain environmental items); various exempt transfers under RCW 64.06.010.

Research note ▾

Primary RCW fetched; confirms flood/standing-water item (7.A), floodplain/wetland item (7.D), three-business-day rescission right, five-business-day delivery default, and waiver/exemption provisions. disclosure_level 'limited' — general flooding and floodplain/critical-area items rather than a detailed flood-history/FEMA-claim schedule.

Summary of Washington law as of June 2026. Not legal advice.

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