State guide

Buying or Selling a Home in Washington: What You Need to Know

Buying or selling a home in Washington comes with its own set of rules.

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TL;DR

Buying or selling a home in Washington comes with its own set of rules. You'll sign a written agreement with your agent before any showing, the seller has to give buyers a form called Form 17 listing what they know about the property (with a 3-day right to cancel after you get it), and the seller pays a graduated Real Estate Excise Tax (REET) at closing. Most closings are handled by neutral escrow and title companies — Washington is not an attorney state — and the state's fair housing law protects more groups than federal law, including source of income and gender identity.

8 things every Washington buyer or seller should know

  • Before an agent can tour any home with you in Washington — in person or virtually — you must sign a written buyer brokerage agreement. The agreement has to spell out exactly what your agent will be paid, either as a specific dollar amount or a clear formula. This rule comes from the NAR settlement that took effect on August 17, 2024, and Washington's main listing service (MLS) was already requiring it even before the national deadline.

  • Washington sellers must give buyers a written form called Form 17 (the Seller Disclosure Statement) before or at the time you sign the purchase contract. Once you receive Form 17, you have 3 business days to back out of the sale for any reason and get your earnest money back. Read it carefully — it covers the roof, plumbing, known leaks, environmental issues, and other things the seller knows about the property.

  • When you sell a home in Washington, you pay a state Real Estate Excise Tax (REET) at closing based on the sale price. The state rate is graduated: 1.1% on the first $525,000, 1.28% from $525,001 to $1,525,000, 2.75% from $1,525,001 to $3,025,000, and 3.0% on any portion above $3,025,000. Most counties add a small local REET on top (usually 0.25%–0.50%), so ask your escrow company for the exact total before you sign.

  • Washington sits on the Cascadia Subduction Zone and has many hillsides and shorelines, so sellers must disclose what they know about earthquakes, landslides, soil stability, and other geologic risks on Form 17. If the property is near water, the Shoreline Management Act can also limit what you (or a future buyer) can build or change. Being honest on Form 17 protects you from lawsuits after closing.

  • You do not need a real estate attorney to buy or sell a home in Washington. Closings are handled by neutral, licensed escrow officers and title companies, who prepare the paperwork, hold the money in trust, record the deed, and disburse funds when all contract conditions are met. You can still hire a lawyer to review your contract if you want one, but it is not legally required.

  • Most home sales west of the Cascades use a standard contract called NWMLS Form 21, the Residential Real Estate Purchase and Sale Agreement, which is the form the regional listing service (MLS) publishes for member brokers. The contract is not officially binding until both sides sign and the signed copy is actually delivered back to the other side. All the deadlines in the contract — like inspections, financing, and closing — count from that mutual acceptance date, not from when either side signed alone.

  • Washington's fair housing law (RCW 49.60) protects more groups than the federal Fair Housing Act. On top of race, color, national origin, religion, sex, family status, and disability, Washington also protects marital status, sexual orientation, gender identity or expression, honorably discharged veteran or military status, and source of income (like a Section 8 voucher). Sellers, landlords, and agents in Washington cannot reject a qualified buyer or tenant for any of those reasons.

  • Dual agency is when the same agent — or two agents at the same brokerage — represents both the buyer and seller in the same transaction. It is legal in Washington under RCW 18.86, but every party must give written, informed consent before the dual agency starts. Without that signed consent up front, the agent or firm cannot represent both sides.

The guides

Common questions

Do I have to sign anything with an agent before they show me homes in Washington?
Yes. As of August 17, 2024, a buyer must sign a written buyer brokerage agreement before the agent tours any property with them — that includes both in-person showings and virtual ones. The agreement has to say exactly what the agent will be paid, either as a specific dollar amount or a clear formula. This rule came out of the NAR settlement, and Washington's main listing service (MLS) was already requiring it even before the national deadline.
Can I back out of a Washington home purchase after I sign the contract?
When the seller delivers their completed Form 17 Seller Disclosure Statement, you have 3 business days to rescind (cancel) the purchase and sale agreement for any reason and get your earnest money back. Outside that window, your right to walk away depends on the contingencies written into your contract — like financing, inspection, or title contingencies. If a contingency is still active and isn't met, you can typically cancel without losing your deposit.
What taxes will I owe when I sell my home in Washington?
Sellers in Washington pay a Real Estate Excise Tax (REET) at closing, based on the sale price. The state rate is graduated: 1.1% on the first $525,000, 1.28% from $525,001 to $1,525,000, 2.75% from $1,525,001 to $3,025,000, and 3.0% above $3,025,000, and most counties add a small local REET. Washington has no state income tax, so there is no separate state withholding on the sale, but federal capital gains rules and FIRPTA (for non-U.S. sellers) can still apply.
What does a Washington home seller legally have to disclose to the buyer?
In almost every residential resale of 1–4 unit homes, the seller has to complete and deliver a written form called Form 17 (the Seller Disclosure Statement) before or at the time the buyer signs the purchase and sale agreement. It covers what the seller knows about the property's condition, systems, environmental hazards (like landslides or earthquakes), encumbrances, and neighborhood issues. Form 17 is a disclosure of what the seller knows — not a warranty — but leaving off something you knew about can lead to lawsuits after closing.
Do I need a lawyer to buy or sell a house in Washington?
No. Washington is not an attorney state for residential real estate, which means closings are handled by licensed escrow agents and title companies acting as a neutral third party. The escrow officer prepares closing documents, holds the money in trust, records the deed with the county, and disburses funds once all contract conditions are met. You can still hire your own lawyer for advice or contract review if you want, but it is not legally required.
Can the same agent represent both the buyer and the seller in Washington?
Yes — that is called dual agency, and Washington allows it under RCW 18.86, but only if every party gives written, informed consent before the dual agency relationship begins. Two agents at the same brokerage representing opposite sides also counts as dual agency in Washington, because the firm's designated broker supervises both. Ask up front who your agent works for and whether they intend to represent only you.
Who hosts the closing in Washington and what do they do?
Closings in Washington are handled by a neutral, licensed escrow officer under RCW 18.44, usually at an escrow or title company. The escrow officer prepares the closing documents, holds the earnest money and buyer's funds in a trust account, makes sure all contract conditions are met, and then records the deed with the county and disburses the money. They do not represent either side — their job is to neutrally execute the contract.
Can a seller or landlord turn me down because I'm using a Section 8 voucher or because of my marital status?
No. Washington's Law Against Discrimination (RCW 49.60) protects more groups than federal fair housing law. On top of the federal protections (race, color, national origin, religion, sex, family status, disability), Washington also protects marital status, sexual orientation, gender identity or expression, honorably discharged veteran or military status, and source of income — which specifically covers Section 8 vouchers and other lawful housing assistance. Refusing to sell or rent to a qualified buyer or tenant for any of those reasons is illegal in Washington.

Glossary

2 terms
NAR — National Association of Realtors
The national trade group for real-estate agents. The 2024 NAR settlement is the legal deal that changed how buyer's agents get paid.
MLS — Multiple Listing Service
The shared database agents use to list and find homes for sale. Most homes you'll see online started here.