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FIRPTA & Seller Disclosure F.A.Q.

These are common questions Washington State home sellers ask regarding FIRPTA and the required Seller Disclosure Form (Form 17).


What is FIRPTA?

**FIRPTA** stands for *Foreign Investment in Real Property Tax Act*. It’s a federal law that requires the buyer to withhold a percentage of the sale proceeds (typically 15%) if the seller is considered a **foreign person** for tax purposes.


Do I have to pay the FIRPTA tax?

Not necessarily. FIRPTA is a **withholding requirement**, not a tax. If you are **not a foreign seller**, no withholding applies — but you must still certify that you are not foreign.


When is FIRPTA required?

FIRPTA applies whenever a seller is a **foreign person**. If the seller is a U.S. citizen, resident, or green card holder, FIRPTA typically does **not** apply.


What is the Seller Disclosure Form (Form 17)?

The **Seller Disclosure Form (Form 17)** is the Washington State–required disclosure about the property’s condition (roof, plumbing, electrical, appliances, HOA, environmental issues, etc.).


Is the Seller Disclosure Form required for every sale?

Yes, unless the sale qualifies for a legal exemption (estate sales, foreclosure, some new construction, etc.). In a typical resale, sellers **must complete** the disclosure form.


Do I have to repair anything I disclose on the Seller Disclosure Form?

No. Disclosure does **not** require repairs. The form only requires honesty about what you know — not fixing what you disclose.


What if I don't know the answer to a question on the Seller Disclosure Form?

You can answer **“Don’t Know”** if you are unsure. Do not guess — just answer based on your actual knowledge.


Can I leave a question blank on the Seller Disclosure Form?

No. Washington State requires every question to have a response. If you leave a blank answer (even it its Not Applicable), the disclosure is considered **incomplete**, which can delay the transaction and give the buyer continued rights to cancel until the form is fully completed.


Can the buyer cancel after receiving the Seller Disclosure Form?

Yes. In Washington State, buyers have a **3-day right to rescind** after receiving a completed disclosure form.


When does the Seller Disclosure Form need to be completed?

The Seller Disclosure Form must be completed **before the listing goes live**, or immediately once there is a buyer in contract.

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Contact Details

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206-688-2782
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Aqua Real Estate
13555 SE 36th St #100
Bellevue, WA 98006

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