The Washington D.C. residential real estate purchase agreement (“residential real property purchase and sale agreement”) is a contract that outlines the terms of a residential property deal between a buyer and a seller. It binds a buyer and a seller to a definite transaction as described in detail in the contract.
Do Sellers in Washington D.C. Have to Disclose Property Defects?
Washington D.C. does require real estate sellers to disclose any material defects. Certain states do not require the seller to disclose all defects (caveat emptor), meaning the buyer assumes the responsibility to conduct a real property inspection to seek out any potential defects with the property. In those states, if a buyer fails to conduct a proper examination, they may not have a legal alternative to reverse the real estate transaction.
Required Seller Disclosures in Washington D.C.
Along with any material defects with the property, sellers in Washington D.C. will also need to provide the following:
- Real Property Seller’s Disclosure Statement. In Washington D.C. the requirements of this disclosure apply to the transfer or sale of real property located in Washington D.C. consisting of at least 1 but not more than 4 dwelling units. This disclosure includes a description of the property’s features and their current or past conditions. Features include:
- Water and sewer systems
- Insulation
- Structural systems, including roof, walls, floors, foundation, and basement
- Plumbing, electrical, heating, and air conditioning systems
- History of infestation by rodents or wood-boring insects
- Appliances
- Alarm system and intercom system
- Garage door opener and remote control
- Fixtures
- Lead-Based Paint Disclosure. Any home that was constructed earlier than 1978 must come with a disclosure upon the transfer of the property that includes any data concerning the presence of lead on the premises as well as educational materials that communicate the risks involved with coming into contact with the harmful substance.
Sources
- 1 D.C. Code § 42–1305
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The residential real property disclosure statement approved by the Mayor shall contain the following:
(1) A list of actually known defects or information concerning the following:
(A) Water and sewer systems[,] including:
(i) The results of any lead tests conducted on the water supply of the property;
(ii) Lead-bearing plumbing, including the lead service line serving the property;
(iii) Whether the portion of the lead water service line on private property, and the portion of the lead water service line on public property, that serves the property in which the dwelling unit is located has been replaced, and if so, the date of the replacement; and
(iv) Inclusion on the DC Water website as a property with lead water service lines[;]
(B) Insulation;
(C) Structural systems, including roof, walls, floors, foundation, and basement;
(D) Plumbing, electrical, heating, and air conditioning systems;
(E) History of infestation by rodents or wood-boring insects, if any;
(F) Appliances;
(G) Alarm system and intercom system;
(H) Garage door opener and remote control; and
(I) Fixtures; and
(2) Any other information required by the Mayor to be published by rulemaking, provided that nothing in this chapter or in any rules shall be deemed to modify or amend § 42-1755(f) [repealed].
