Selling a House As-Is in Washington: What You Still Have to Disclose

Short answer: You can sell a house as-is in Washington, meaning you won't make repairs or offer credits, but you still owe the buyer a seller disclosure statement in most sales. Washington's disclosure law, RCW 64.06, lists the transfers it doesn't cover, such as foreclosures, gifts to family members, estate sales by a personal representative and sales to a buyer who owned part of the property in the last two years. "As-is" isn't on that list. A buyer can waive the statement, but not the Environmental section if any answer in it would be yes.

This article explains the statute in plain terms. It isn't legal advice; for a specific sale, talk to a real estate attorney.

What "as-is" changes and what it doesn't

An as-is sale is a business decision written into the purchase agreement: the price reflects the home's condition, and you aren't agreeing to fix things the buyer finds. What it doesn't do:

• It doesn't remove the disclosure duty. The duty comes from statute, not from the contract.
• It doesn't stop the buyer from inspecting. Whether the buyer gets an inspection period, and what happens if they walk away during it, is a term you negotiate.
• It doesn't change what you owe in excise tax. REET is based on the price.

The disclosure form itself says it is not part of the written agreement between buyer and seller, and it advises the buyer to hire qualified inspectors. Many as-is buyers still do exactly that.

When a seller disclosure is required

Source: RCW 64.06.010 and 64.06.005, checked October 30, 2026. "Improved residential real property" covers property with one to four dwelling units, plus certain condominiums, common interest communities, timeshares, and manufactured homes that are personal property. Vacant residential land uses a separate form under RCW 64.06.015, and commercial property another under RCW 64.06.013.

The Environmental section can't always be waived

RCW 64.06.010 lets a buyer expressly waive the disclosure statement, which some investor buyers ask for. There's one limit: if any question in the Environmental section would be answered "yes," the buyer may not waive that section. The current form asks about, among other things:

• flooding, standing water or drainage problems
• fill dirt, waste or other fill material
• material damage from fire, wind, floods, beach movements, earthquake, expansive soils or landslides
• shorelines, wetlands, floodplains or critical areas on the property
• substances such as asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, or contaminated soil or water
• soil or groundwater contamination
• past commercial or industrial use, use as a legal or illegal dumping site, or use as an illegal drug manufacturing site

The version of the form that takes effect on January 1, 2027 adds one more Environmental question: whether the property includes a family burial ground, mausoleum or columbarium.

Timing: five business days, then three

Under RCW 64.06.030, unless the buyer waives it or you agree otherwise, you deliver the completed, signed and dated statement no later than five business days after mutual acceptance. The buyer then has three business days, or another agreed period, to accept it or rescind the agreement in writing. A buyer who rescinds in time is entitled to the deposit back.

If, after you complete the statement, you learn something that makes an answer inaccurate, from a source other than the buyer or someone acting for the buyer such as their inspector, RCW 64.06.040 says you amend the statement and deliver the amendment. No amendment is needed if you fix the problem at least three business days before closing. Otherwise the buyer gets three business days to accept the amendment or rescind.

What "actual knowledge" means for an as-is seller

• You answer from what you know. The form's notice says the disclosures are based on the seller's actual knowledge when the form is completed. "Don't know" is an option, and the form asks you not to leave any space blank.
• You aren't liable for what you didn't know. Under RCW 64.06.050, a seller isn't liable for an error or omission in the statement without actual knowledge of it. Answers based on information from a public agency, or from someone working within their professional license or expertise, such as a land surveyor, title company, structural or pest inspector, licensed engineer or contractor, are also covered unless you knew they were wrong.
• Other claims still exist. RCW 64.06.070 keeps the buyer's other rights under common law, statute and contract. RCW 64.06.060 says the Consumer Protection Act doesn't apply to the practices this chapter covers. An as-is clause is not a shield for an answer you knew was wrong.

In practice, the best protection is a complete, honest form. If you already know about a roof leak or a failed side sewer, disclose it and price the home with it in mind. That is what as-is buyers expect.

Two ways to sell as-is

1. List it on the open market as-is. You still get exposure to every buyer, including owner-occupants who plan to renovate, and the price comes from competition. You'll want clean photos, a clear description of what needs work, and the disclosure ready to go. A pre-listing inspection can help you set a price that already accounts for the big items.
2. Sell directly to a cash buyer or investor. It can be faster and simpler, but you are usually negotiating with one buyer and no market check on the price. Read our note on wholesalers looking to buy your home before you sign anything.

Excise tax on an as-is sale

State graduated REET plus the 0.50% local rate that applies in Lynnwood, Mukilteo, Edmonds, Everett, Mill Creek and both the King and Snohomish County parts of Bothell (DOR local rate table effective May 1, 2026). Example prices, not a quote; before DOR's $5.00 technology fee.

For sales through December 31, 2026, the state rate is 1.1% on the part of the price up to $525,000, 1.28% up to $1,525,000, 2.75% up to $3,025,000, and 3.0% above that. For sales beginning January 1, 2027, DOR has raised those thresholds to $551,000, $1,551,000 and $3,051,000 at the same rates. DOR says the seller usually pays; if the seller doesn't, the buyer is responsible, and unpaid tax can become a lien on the property.

FAQ

Do I have to fill out a seller disclosure if I sell my house as-is in Washington?

Usually, yes. Selling as-is is a contract term about repairs. It isn't one of the exemptions in RCW 64.06.010, so an ordinary as-is sale of a 1 to 4 unit home still needs the seller disclosure statement unless the buyer expressly waives it.

Can the buyer waive the seller disclosure?

Yes, the buyer can expressly waive receipt of the statement. But if any answer in the Environmental section would be yes, for example flooding or drainage problems, fill material, or contamination, the buyer can't waive that section and you still have to provide it.

Am I liable for problems I didn't know about?

Under RCW 64.06.050, a seller isn't liable for an error, inaccuracy or omission in the disclosure statement if the seller had no actual knowledge of it, and the same applies to answers based on information from a public agency or a professional such as a surveyor, inspector, engineer or contractor, unless the seller knew it was wrong. Other legal claims a buyer may have are preserved by RCW 64.06.070, so talk to a real estate attorney about your situation.

How much time does the buyer have after getting the disclosure?

The seller delivers the statement within five business days of mutual acceptance unless the parties agree otherwise. The buyer then has three business days, or another agreed period, to accept it or rescind in writing and get their deposit back.

Does an as-is sale lower my excise tax?

No. REET is based on the sale price, not the condition. In all six cities we cover the total is the state's graduated rate plus 0.50% local. On a $750,000 sale that is about $12,405 if the sale date is in 2026, or $12,358 from Jan 1, 2027.

Talk it through with a local agent

Peter Kim and Odigo Real Estate Club help sellers in Lynnwood, Bothell, Mill Creek, Mukilteo, Everett and Edmonds decide whether to fix, disclose and price in, or sell as-is, and compare an as-is listing with a direct offer, with 25+ years combined experience, 593+ closings, and 122 five-star Zillow reviews. See our home selling services, common mistakes Washington sellers make, the true cost of selling in Washington, or request a property valuation.

Odigo Real Estate Club · REAL Brokerage, WA #112064 · 16108 Ash Way, Suite 201, Lynnwood, WA 98087 · (425) 409-3823 · Mon–Sat 9 AM–6 PM, closed Sunday

Sources

• Washington State Legislature, RCW 64.06.005 (definitions, including “improved residential real property”), https://app.leg.wa.gov/RCW/default.aspx?cite=64.06.005 , accessed Oct 30, 2026.
• Washington State Legislature, RCW 64.06.010 (transfers the disclosure chapter does not apply to; buyer waiver and the Environmental section), https://app.leg.wa.gov/RCW/default.aspx?cite=64.06.010 , accessed Oct 30, 2026.
• Washington State Legislature, RCW 64.06.013 (seller disclosure for commercial real estate), https://app.leg.wa.gov/RCW/default.aspx?cite=64.06.013 , accessed Oct 30, 2026.
• Washington State Legislature, RCW 64.06.015 (seller disclosure for unimproved residential real property), https://app.leg.wa.gov/RCW/default.aspx?cite=64.06.015 , accessed Oct 30, 2026.
• Washington State Legislature, RCW 64.06.020 (seller disclosure statement form; version effective until Jan 1, 2027 and version effective Jan 1, 2027), https://app.leg.wa.gov/RCW/default.aspx?cite=64.06.020 , accessed Oct 30, 2026.
• Washington State Legislature, RCW 64.06.030 (delivery of the disclosure statement; buyer’s three-business-day option), https://app.leg.wa.gov/RCW/default.aspx?cite=64.06.030 , accessed Oct 30, 2026.
• Washington State Legislature, RCW 64.06.040 (amending the disclosure statement after delivery), https://app.leg.wa.gov/RCW/default.aspx?cite=64.06.040 , accessed Oct 30, 2026.
• Washington State Legislature, RCW 64.06.050 (seller liability and actual knowledge), https://app.leg.wa.gov/RCW/default.aspx?cite=64.06.050 , accessed Oct 30, 2026.
• Washington State Legislature, RCW 64.06.060 (consumer protection act does not apply), https://app.leg.wa.gov/RCW/default.aspx?cite=64.06.060 , accessed Oct 30, 2026.
• Washington State Legislature, RCW 64.06.070 (buyer’s other rights and remedies), https://app.leg.wa.gov/RCW/default.aspx?cite=64.06.070 , accessed Oct 30, 2026.
• Washington State Department of Revenue, Real estate excise tax (graduated rates and thresholds through Dec 31, 2026 and for sales beginning Jan 1, 2027; who pays; when the tax is due; fees and penalties), https://dor.wa.gov/taxes-rates/other-taxes/real-estate-excise-tax , accessed Oct 30, 2026.
• Washington State Department of Revenue, Local real estate excise tax rates effective May 1, 2026, https://dor.wa.gov/sites/default/files/2026-03/84-0013-May26_REET.pdf , accessed Oct 30, 2026.

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