What Sellers Must Disclose: Oregon vs. Washington (2026)

What do home sellers have to disclose in Oregon versus Washington?

In Oregon, sellers of one-to-four-unit residential property complete the state Seller's Property Disclosure Statement (ORS 105.464) and deliver it to any buyer who makes a written offer — after which the buyer has five business days to revoke. In Washington, sellers use Form 17 under RCW 64.06 and deliver it within five business days of mutual acceptance, giving the buyer a three-business-day window to rescind. Both forms are based on what the seller actually knows, and in both states an "as-is" sale does not erase your duty to disclose known material defects.

By Rick Sadle | July 28, 2026

If you own a home in the Portland-Vancouver metro, there's a good chance you'll cross a state line at some point — selling a house in Camas and buying in Sellwood-Moreland, or the reverse. And the moment you do, the paperwork changes. Just as property taxes work differently on each side of the river and the real cost of selling isn't the same in Vancouver as in Portland, your disclosure obligations shift the second you cross the Columbia. The seller disclosure form is one of the biggest differences, and it's the one that creates the most anxiety, because getting it wrong is how sellers end up in a dispute after closing.

Here's the plain-English version of what each state requires, where the two systems differ, and why disclosure is worth extra attention in the slower, higher-inventory market we're in right now.

Oregon: The Seller's Property Disclosure Statement

If you're selling a home in Portland, Lake Oswego, or anywhere in Multnomah, Clackamas, or Washington County, Oregon law requires you to complete and deliver a Seller's Property Disclosure Statement — the form spelled out in ORS 105.464.

A few things to understand about how it works:

• It applies to residential property of one to four dwelling units that the buyer intends to use as a residence for themselves or a spouse, parent, or child (ORS 105.465). Pure investment buyers who tell you they won't live there can fall outside the requirement.
• You deliver it to each buyer who makes a written offer. The disclosure isn't optional paperwork you hand over at closing — it goes to the buyer early in the deal.
• The buyer gets five business days to revoke. After you deliver the statement, the buyer has five business days to back out by delivering a separate signed written revocation — unless they've waived that right in writing (ORS 105.475).

The form itself walks through the property in categories: title and easements, water and sewer, structure and systems (roof, foundation, plumbing, electrical, HVAC), and any HOA or shared-community obligations. You answer based on what you actually know — it is not a warranty or a guarantee about the home's condition.

Oregon does carve out exemptions under ORS 105.470, including the first sale of a newly built home that has never been occupied (as long as you provide permit information), sales by lenders that took the property through foreclosure or a deed in lieu, and transfers by government agencies.

One point sellers love to get wrong: selling "as-is" does not cancel your duty to disclose. An as-is clause shifts responsibility for repairs, but it does not let you hide a known material defect. If you know the basement floods, you disclose the basement floods.

Washington: Form 17

Cross the Columbia into Vancouver, Camas, Washougal, or anywhere in Clark County, and the form has a different name and a different rhythm. Washington sellers use Form 17, the Seller Disclosure Statement required under RCW 64.06.

The mechanics differ from Oregon in ways that matter:

• You deliver Form 17 within five business days of mutual acceptance — that is, after the purchase and sale agreement is fully signed by both sides — unless you and the buyer agree otherwise in writing.
• The buyer then has three business days to rescind the agreement at their sole discretion after receiving the form (RCW 64.06.030). If they rescind in writing within that window, the earnest money comes back to them and the agreement is void.
• A buyer can waive receipt of Form 17 in writing — with one exception. The buyer cannot waive the "Environmental" section if any answer in that section would be "yes" (RCW 64.06.010). That environmental carve-out is unique to Washington and catches sellers off guard.

Like Oregon's form, Form 17 is built on the seller's actual knowledge — not a professional inspection — and it isn't a warranty. If you later learn something that makes your disclosure inaccurate, and it comes from somewhere other than the buyer or the buyer's inspector, you generally have to amend the form. Unless you correct the problem in time, that amendment reopens a fresh three-business-day window for the buyer to walk.

The differences that trip up cross-border sellers

If you've sold before on one side of the river, don't assume the other side works the same way. Three contrasts do the most damage when sellers assume:

1. When the clock starts. Oregon ties disclosure to the written offer; Washington ties it to mutual acceptance, with delivery due within five business days after.
2. How long the buyer can walk. Oregon gives the buyer a five-business-day revocation window after delivery. Washington gives three business days after receipt. Same idea, different math.
3. What can be waived. In Oregon, a buyer can waive the right to revoke. In Washington, a buyer can waive receipt of the whole form — but not the environmental section when the answer is "yes."

A quick way to picture the Washington timeline: if Form 17 is delivered on a Monday, the buyer's three-business-day window runs through that Thursday. The same Monday delivery of an Oregon disclosure would run five business days — into the following Monday. Weekends and holidays don't count, which is exactly why sellers miscount and think a contingency has expired when it hasn't.

What both states share is more important than what divides them: the standard is honesty about what you know. Neither form asks you to become a home inspector. It asks you to tell the truth about the condition you're aware of. The sellers who get sued are almost never the ones who over-disclosed.

Why this matters more in the 2026 market

For a couple of years, low inventory and fast bidding wars meant many buyers were waiving contingencies just to win. That's changed. Across the Portland-Vancouver metro in 2026, active listings have climbed and homes are taking longer to sell. In Clark County, total market time stretched to about 61 days in June — up from 49 a year earlier — giving buyers more room to slow down and negotiate (RMLS, June 2026).

In that kind of market, buyers slow down and read the paperwork. Rescission windows that used to get waived are back in play. A vague or careless disclosure is more likely to cost you a deal — or invite a post-closing dispute — than it was at the peak. It's also one of the quieter reasons a home can sit on the market longer than it should: a deal that falls apart in the rescission window puts you right back to square one. Careful, complete disclosure isn't just legally smart; in a buyer's market, it protects your timeline.

This is exactly the kind of detail I walk every client through before we list — which form applies, when the clock starts, and how to answer honestly without over-promising.

A note: I'm a licensed broker, not an attorney or a CPA. This is general information about how these forms work, not legal advice. For your specific situation, confirm the current statute and form language with your broker or a real estate attorney.

Frequently Asked Questions

Do I have to fill out a seller disclosure if I'm selling my house "as-is" in Oregon or Washington?

Usually, yes — and selling as-is never lets you hide a known defect. An as-is clause shifts responsibility for repairs to the buyer, but it doesn't erase your duty to disclose what you actually know. A few sales are exempt — some new-construction, foreclosure, and estate or government transfers — and in Washington a buyer can even waive the form in writing, except the environmental section. If your sale might be one of those, confirm it with your broker before you skip anything.

What is Form 17 in Washington?

Form 17 is Washington's Seller Disclosure Statement, required under RCW 64.06. The seller delivers it within five business days of mutual acceptance, and the buyer then has three business days to rescind the agreement after receiving it. It's based on the seller's actual knowledge and is not a warranty.

How long does a buyer have to back out after getting the disclosure?

In Oregon, the buyer has five business days after delivery of the Seller's Property Disclosure Statement to revoke their offer. In Washington, the buyer has three business days after receiving Form 17 to rescind. Weekends and holidays don't count toward those windows.

Can a buyer waive the seller disclosure?

In Washington, a buyer can waive receipt of Form 17 in writing, except they cannot waive the environmental section if any answer there would be "yes." In Oregon, a buyer can waive the right to revoke after receiving the disclosure. Waivers should always be in writing.

What happens if I don't disclose something I knew about?

Failing to disclose a known material defect can expose you to a rescinded deal, a renegotiation, or a claim after closing. Both states base liability on the seller's actual knowledge, so the safest path is to disclose honestly and completely rather than stay quiet.

Selling on both sides of the river?

Oregon and Washington ask the same core question — tell the truth about what you know — but the forms, the timing, and the fine print differ enough to matter. If you're selling in the Portland-Vancouver metro and want to make sure your disclosure is done right the first time, I'm happy to walk you through exactly which form applies and how the timeline works for your sale. Reach out anytime.

About Rick Sadle Rick Sadle is a 21-year veteran of the Portland-Vancouver real estate market and Principal Broker and CEO of the Sadle Home Selling Team | Keller Williams Realty Professionals, which he and Carolyn Sadle founded in 2004. A licensed Principal Broker in Oregon and licensed Broker in Washington, Rick is a regular real estate expert on FM News 101 KXL and specializes in luxury homes, residential sales, and investment properties throughout the Portland Metro and Southwest Washington area.

Sources

• Oregon Revised Statutes ORS 105.464 — Form of seller's property disclosure statement: https://oregon.public.law/statutes/ors_105.464
• Oregon Revised Statutes ORS 105.465 — Application; disclosure statement: https://oregon.public.law/statutes/ors_105.465
• Oregon Revised Statutes ORS 105.475 — Buyer's statement of revocation of offer: https://oregon.public.law/statutes/ors_105.475
• Washington RCW 64.06.010 — Application/exemptions and waiver: https://app.leg.wa.gov/rcw/default.aspx?cite=64.06.010
• Washington RCW 64.06.020 / 64.06.030 — Seller disclosure statement (Form 17) and buyer rescission
• RMLS Market Action Report, Southwest Washington (Clark County), June 2026 reporting period — total market time, active listings, and inventory figures. Source: RMLS (rmls.com)