How honest do I have to be in my disclosures?

Do not guess. Write "unknown." That is the whole answer, and I want to explain why it is not just the cautious choice but actually the safer one legally, because most sellers have this exactly backwards. Washington's Seller Disclosure Statement, the one everyone calls Form 17, is built on a standard called actual knowledge. You are disclosing what you actually know. And the statute is written so that a seller is generally not liable for an error or omission in that statement if the seller had no actual knowledge of it. Read that again, because it is the key. Not knowing is a defensible position. Guessing is not. The moment you write "roof is about 6 years old," you have made an affirmative statement of fact. You now own it. If the buyer's inspector says the roof is fourteen years old and near the end of its life, you are not a seller who did not know. You are a seller who told them something untrue about a major system, in writing, on a statutory form. That is a completely different conversation, and it is the one that turns into the lawsuit somebody above mentioned. Whereas "unknown" is accurate, it is permitted, and it puts the burden exactly where it belongs, on the buyer to investigate during their inspection. Nobody has ever been successfully sued for correctly saying they did not know something. I understand the instinct behind your question. You want the buyer to know these things are relatively new, because that is good news and it helps sell the house. Here is how to get that benefit without taking on the risk: Answer "unknown" on the form, and separately provide documentation. Look for the permit for that addition, which the county will have on file and which will be dated. Look for the roofing invoice or the warranty. If you bought the house after the work was done, check your own purchase paperwork, because the prior seller's disclosure may state it. Documents do the persuading for you, and they carry no liability, because you are handing over a record rather than making a representation. A permit with a date on it is far more convincing to a buyer than your estimate anyway. If you genuinely cannot find records, you can say so factually outside the form: "seller has no records, believes work predates seller's ownership, buyer to verify." Framed as what you do and do not know, not as an estimate of fact. Have your listing agent review any such statement before it goes out. Two more things worth knowing while you are filling this out. Your buyer has a rescission right tied to this document. Unless you agree otherwise in writing, they generally have three business days from delivery to rescind by delivering a separately signed written rescission. So deliver it early rather than late. A disclosure statement that arrives at an awkward moment can hand a wavering buyer a clean exit. And on the general question of how honest: the answer is completely. Disclose known defects even when they hurt. Past water intrusion, a repair that did not hold, the outlet that does not work, the neighbor dispute. Sellers consistently over-worry about disclosure scaring buyers off and under-worry about the far more expensive outcome, which is a buyer discovering it after closing and coming back at you. Disclosed problems get negotiated once. Undisclosed problems get litigated. The addition is worth one extra step. Confirm whether it was permitted. Unpermitted additions are a real issue at resale and at appraisal, and if you find out now you can decide how to handle it. If you find out during escrow, it handles you. I am a real estate professional, not an attorney, and I am not licensed in Washington, so nothing here is legal advice about your specific obligations. Your listing agent should walk the form with you line by line, and if the addition turns out to be unpermitted, that is worth an hour with a Washington real estate attorney. My name is Zoltan Peresztegi and I work in Los Angeles, the South Bay and on the Palos Verdes Peninsula. California is also a strong disclosure state, so this is territory I take seriously, though our forms differ from yours. If you want an introduction to a strong listing agent in Snohomish County, message me and I will make one. Zoltan

Ford, any lies or omitting of details in a legal disclosure can potentially open you up to legal liabilities. Speak with an attorney for confirmation. Keith Jean-Pierre Managing Principal The Dapper Agents Real Estate Operations in ALL 50 States

When filling out home disclosures, the standard is to be honest to the best of your actual knowledge. You are not generally required to be an expert or to conduct new investigations to find exact dates, but guessing can be risky if it leads to a material misstatement.

The best advice if you are uncertain would be to consult a real estate attorney. Real estate licensees are not qualified lawfully to advise. The old adage disclose/disclose is standard, hiding things is dangerous. Consult an attorney, lawsuits from lack of disclosure is one of the top reasons sellers are sued.

The best advice if you are uncertain would be to consult a real estate attorney. Real estate licensees are not qualified lawfully to advise. The old adage disclose/disclose is standard, hiding things is dangerous. Consult an attorney, lawsuits from lack of disclosure is one of the top reasons sellers are sued.

Seller’s disclosures are to be completed to the best of your knowledge. It is assumed that you may not know the exact date something was updated. Perhaps you know the year but not the exact date. You may always mark “unknown” however I have seen this overused and it throws up a red flag to me as an agent. Just keep in mind, to the best of your knowledge. If you truly don’t know, mark unknown. Good luck with your sale!

Best to mark "unsure" and add notes than make a firm statement of yes or no, as you do not want to open yourself up to any scenario where there is wiggle room to get out of the agreement. This along with other details should be discussed with your real estate expert when listing your home. They are there to protect you :)

It would be best if you had a professional look at it for evaluation. Then you are not guessing. Are you looking to put your home on the market?

When it comes to disclosures. It is better to disclose disclose disclose. Its also better to mark I dont know instead of yes or no if your not sure.