2708. REAL PROPERTY SELLER'S DISCLOSURE STATEMENT

2708 REAL PROPERTY SELLER'S DISCLOSURE STATEMENT 2708.1 The requirements of this section shall apply to the transfer or sale of real property located in the District consisting of at least one (1) but not more than four (4) dwelling units, where: (a) The transfer is effected through a sale, exchange, installment land contract, lease with an option to purchase, or any other option to purchase; and (b) The purchaser of the property to be transferred has expressed in writing an interest to reside in the property. 2708.2 This section shall not apply to the following kinds of transfers: (a) Court ordered transfers, including; (1) Transfers ordered by a probate court in the administration of an estate; (2) Transfers pursuant to a writ of execution; (3) Transfers by a foreclosure sale; (4) Transfers by a trustee in bankruptcy; (5) Transfers by eminent domain; and (6) Transfers from a decree for specific performance. (b) Transfers to a mortgagee by a mortgagor or successor in interest who is in default; (c) Transfers by: (1) A sale under a power of sale; (2) A foreclosure sale under a decree of foreclosure after default in an obligation secured by a mortgage or deed of trust or any other instrument containing a power of sale; or (3) A mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or has acquired the real property by a deed in lieu of foreclosure. (d) Transfers by a non-occupant fiduciary in the course of administering a decedent's estate, guardianship, conservatorship, or trust; (e) Transfers from one cotenant to one or more other cotenants; (f) Transfers made to the transferor's spouse, parent, grandparent, child, grandchild or sibling, or any combination of the foregoing; (g) Transfers between spouses resulting from the following: (1) A judgment of divorce; (2) A judgment of separate maintenance; or (3) From a property settlement agreement incidental to a judgment; (h) Transfers or exchanges to or from a governmental entity; and (i) Transfers made by a person of newly constructed residential property that has not been inhabited. 2708.3 The transferor or seller of real property described in § 2708.1 of this section shall provide a completed Seller's Disclosure Statement in the form prescribed under § 2708.13 of this section. This shall be the form for the disclosure statement required under Section 3 of the Residential Real Property Seller Disclosure, Funeral Services Date Change, and Public Services Board Independent Procurement Authority Act of 1998, vetoed by the Mayor on December 29, 1998, and overridden by the Council on January 5, 1999, effective April 20, 1999 (D.C. Law 12-263, § 2; D.C. Official Code §§ 42-1301 et seq.). 2708.4 The transferor or seller shall sign the Seller's Disclosure Statement and deliver it to the purchaser or transferee as follows: (a) In the case of a sale, before or at the time the prospective purchaser or transferee executes a purchase agreement with the transferor; or (b) In the case of an installment sales contract where a binding purchase contract has not been executed or in the case of a lease with an option to purchase; before or at the time the prospective purchaser or transferee executes the installment sales contract or lease with the transferor or seller. 2708.5 The transferor or seller shall complete the items set forth in Seller's Disclosure Statement as follows: (a) The transferor or seller shall answer all questions on the Seller's Disclosure Statement; (b) If an item does not apply to the subject property, the transferor or seller shall check "N/A" (not applicable) on the Seller's Disclosure Statement; and (c) If the information regarding a specific item is not known, the transferor or seller shall check "UNKNOWN" on the Seller's Disclosure Statement. 2708.6 Responses to items on the Seller's Disclosure Statement shall be made in good faith, which means honesty in fact in the making of the disclosure. Information provided in the statement shall be based on information available and actually known to the transferor or seller. 2708.7 If additional space is required in responding to an item, the transferor or seller shall attach an additional page for that item. Each additional page shall bear the signature of the transferor or seller. 2708.8 The transferor or seller of a condominium unit, cooperative unit, or a lot in a homeowners association shall provide information only as to the transferor's or seller's unit or lot and not as to any common elements, common areas, or other areas outside the unit or lot. 2708.9 If the transferor or seller fails to provide a completed Seller's Disclosure Statement before the purchaser executes a purchase agreement, installment sales contract, or lease with an option to purchase, the purchaser or transferee may terminate the agreement, contract or lease by delivering written notice to the transferor or seller not more than five (5) calendar days after the receipt of the disclosure statement. If the agreement, contract, or lease is terminated, the transferor or seller shall return the deposit to the transferee. 2708.10 The purchaser waives the right to terminate a purchase agreement, installment sales contract, or lease with an option to purchase under § 2708.9 of this section if the right to terminate is not exercised before the earliest of the following: (a) The making of a written application to a lender for a mortgage loan or financing, provided that the lender discloses in writing at or before the time application is made that the right to rescind terminates on submission of the application; (b) Settlement or date of occupancy by the purchaser or transferee in the event of a sale; or (c) Occupancy in the event of a lease with an option to purchase. 2708.11 If the information provided in the Seller's Disclosure Statement becomes inaccurate as a result of any action, occurrence or agreement, the inaccuracy shall not be grounds for terminating the transaction under § 2708.9 of this section. 2708.12 The Seller's Disclosure Statement shall be furnished by personal delivery, facsimile, or registered mail. The execution of a facsimile counterpart of the statement by the transferor or seller shall be considered execution of the original. 2708.13 Seller’s Disclosure Statement Instructions These Instructions are to assist the Seller in completing the required Seller’s Disclosure Statement in order to comply with the District of Columbia Residential Real Property Seller Disclosure Act. This form does not satisfy the requirements outlined in D.C. Official Code § 42–1904.11 related to the disclosure of information for the resale of a condominium unit. Who must complete the Seller’s Disclosure Statement? The Seller must complete the Statement him or herself (not the broker, broker’s agent, management company, condominium association, cooperative association, or homeowners association). The Seller must provide the Seller’s Disclosure Statement to the Purchaser for the following transactions: The Act applies to the following types of transfers or sales of District of Columbia real estate: Where the property consists of one to four residential dwelling units; The transaction is a sale, exchange, installment land contract, lease with an option to purchase, or any other option to purchase; and The purchaser expresses, in writing, an interest to reside in the property to be transferred. The Seller does not need to complete the Seller’s Disclosure Statement for the following transactions: Court ordered transfers; Transfers to a mortgagee by a mortgagor in default or transfers to a beneficiary of a deed of trust by a trustor who is in default; Transfers by sale under a power of sale in a deed of trust or mortgage or any foreclosure sale under a decree of foreclosure or deed in lieu of foreclosure; Transfers by a non-occupant fiduciary administering a decedent’s estate, guardianship, conservatorship or trust; Transfers between co-tenants; Transfers made to the transferor’s spouse, domestic partner, parent, grandparent, child, grandchild or sibling (or any combination of the foregoing); Transfer between spouses or domestic partners under a judgement terminating the marriage or domestic partnership or a judgment of separate maintenance or from a property settlement agreement incidental to such a judgment; Transfers or exchanges to or from any governmental entity; and Transfers made by a person of newly constructed residential property that has not been inhabited. When does the Seller’s Disclosure Statement have to be provided to the Purchaser? In a sale, before or at the time the prospective transferee executes a purchase agreement with the transferor. In an installment sales contract (where a binding purchase contract has not been executed), or in the case of a lease with option to purchase, before or at the time the prospective transferee executes the installment sales contract or lease with the transferor. What information must the Seller disclose? Sellers must answer all questions on the Seller Disclosure Statement. Sellers must report conditions of the property that are actually known to the sellers. If any items do not apply to your property, check “N/A” (not applicable). If you do not know the facts needed to respond to a question, check “UNKNOWN”. Each disclosure must be made in “good faith” (honesty in fact in the making of the disclosure). Attach additional pages with your signature if additional space is required. What is the remedy if the Seller does not provide the Seller’s Disclosure Statement to the Transferee? If the Seller’s Disclosure Statement is delivered after the purchaser executes the purchase agreement, installment sales contract or lease with an option to purchase, the purchaser may terminate the transaction by written notice to the seller not more than five (5) calendar days after receipt of the Seller’s Disclosure Statement by the purchaser, and the deposit must be returned to the purchaser. The right to terminate is waived if not exercised before the earliest of: The making of an application for a mortgage loan or financing (if the lender discloses in writing at or before the time the application is made that the right to rescind terminates on submission of the application); Settlement or date of occupancy in the case of a sale; or Occupancy in the case of a lease with an option to purchase. If the Seller finds out different information after providing the Seller’s Disclosure Statement to the Purchaser, how does this impact a ratified contract? If information becomes inaccurate after delivery of the disclosure form, the inaccuracy in the disclosure form shall not be grounds for terminating the transaction. This form does not preclude any common law grounds to terminate a transaction. How must a Seller deliver the Seller’s Disclosure Statement to the Transferee? The Seller’s Disclosure Statement must be delivered by personal delivery, facsimile delivery, or by registered mail to the transferee. Execution by the transferor of a facsimile is considered execution of the original. SELLER’S PROPERTY CONDITION STATEMENT For Washington, DC Purpose of Statement: This Statement is a disclosure by the Seller of the defects or information actually known by the Seller concerning the property, in compliance with the District of Columbia Residential Real Property Seller Disclosure Act. Unless otherwise advised, the Seller does not possess an expertise in construction, architecture, engineering, or any other specific area related to the construction of the improvements on the property or the land. Also, unless otherwise advised, the Seller has not conducted any inspection of generally inaccessible areas such as the foundation or roof. THIS STATEMENT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR BY ANY AGENT REPRESENTING THE SELLER IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE BUYER MAY WISH TO OBTAIN. Seller Disclosure: The Seller discloses the following information with the knowledge that, even though this is not a warranty, the Seller specifically makes the following statements based on the Seller’s actual knowledge at the signing of this document. Upon receiving this statement from the Seller, the Seller’s agent is required to provide a copy to the Buyer or the agent of the Buyer. The Seller authorizes its agent (s) to provide a copy of this statement to any prospective buyer or agent of such prospective buyer in connection with any actual or anticipated sale of property. The following are statements made solely by the Seller and are not the statements of the Seller’s agent(s), if any. This information is a disclosure only and is not intended to be a part of any contract between Buyer and Seller. The seller(s) completing this disclosure have owned the property from: To: The seller(s) completing this disclosure have occupied the residence from: To: Property Address: The property is included in:: Condominium Association Cooperative Homeowners association with mandatory participation and fee N/A **If this is a sale of a condominium unit or cooperative unit, or in a homeowners association, this disclosure form provides information only as to the unit (as defined in the governing documents of the association) or lot (as defined in the covenants applicable to the lot), and not as to any common elements, common areas or other areas outside of the unit or lot. Additional information may be required pursuant to D.C. Official Code § 42–1904.11. A. Structural Conditions 1. Roof Roof is a common element maintained by condominium, cooperative, or homeowners’ association. Age of Roof: 0-5 years 5-10 years 10-15 years 15+ years Unknown Does the seller have actual knowledge of any leaks or evidence of moisture from roof? Yes No If yes, please provide comments: Does the seller have actual knowledge of any existing fire-retardant treated plywood? Yes No If yes, please provide comments: 2. Fireplace/ Chimney(s) Does the seller have actual knowledge of any defects in the working order of the fireplaces? Yes No No fireplace(s) If yes, please provide comments: Does the seller know when the chimney(s) and/or flue were last inspected and/or serviced? Yes No No chimney(s) or flue(s) If yes, when were they last serviced or inspected? If the last date of service or inspection occurred on different dates, please provide the dates for both.: q Basement/Foundation is a common element maintained by condominium, cooperative, or homeowners’ association. 3. Basement / Foundation Does the seller have actual knowledge of any leaks or evidence of moisture, flooding, sewer backup, or water intrusion in the basement? q Yes q No q No Basement If yes, please provide comments: Does the seller have actual knowledge of any structural defects in the foundation? Yes No If yes, please provide comments: 4. Walls and Floors Does the seller have actual knowledge of any structural defects in walls or floors? Yes No If yes, please provide comments: 5. Insulation Does the seller have actual knowledge of presence of urea formaldehyde foam insulation? Yes No If yes, please provide comments: 6. Windows Does the seller have actual knowledge of any windows not in normal working order? Yes No If yes, please provide comments: 7. Alterations and Repairs Does the seller have actual knowledge of any additions, structural modifications, or other alterations or repairs made without required permits? (Permit information may be checked at https://scout.dcra.dc.gov/). Yes No If yes, please provide comments: B. Operating Condition of Property Systems 1. Heating System Heating system is a common element maintained by condominium, cooperative, or homeowners’ association. Type of System: Forced Air Radiator Heat Pump Electric Baseboard Other Heating Fuel: Natural Gas Electric Oil Other Age of System: 0-5 years 5-10 years 10-15 years Unknown Does the heating system include a humidifier? Yes No Unknown Does the heating system include an electronic air filter? Yes No Unknown Does the seller have actual knowledge that heat is not supplied to any finished rooms? Yes No If yes, please provide comments: Does the seller have actual knowledge of any defects in the heating system? Yes No If yes, please provide comments: If installed, does the seller have actual knowledge of any defects with the humidifier or electronic filter? Yes No No Humidifier or Electronic Filter installed If yes, please provide comments: 2. Air Conditioning System Air conditioning is a common element maintained by condominium, cooperative, or homeowner’s association. No air conditioning system is installed (if you check this box, no further disclosure on the air conditioning system is required; go to section B3.) Type of System: Central AC Heat Pump Window/Wall Unit Other AC Fuel: Natural Gas Electric Oil Other Age of System: 0-5 years 5-10 years 10-15 years Unknown Does the air conditioning system include a dehumidifier? Yes No Unknown Does the air conditioning system include an electronic air filter? Yes No Unknown If central AC, does the seller have actual knowledge that cooling is not supplied to any finished rooms? Yes No If yes, please provide comments: Does the seller have actual knowledge of any problems or defects in the cooling system? Yes No If yes, please provide comments: If installed, does the seller have actual knowledge of any defects with the dehumidifier or electronic air filter? Yes No Not applicable If yes, please provide comments: 3. Plumbing System Plumbing system is a common element maintained by condominium, cooperative, or homeowner’s association. Type of material: (check all that apply) Copper Lead Galvanized iron Brass PVC Plastic polybutelene Unknown Water Supply: Public Well Unknown Sewage Disposal Treatment: Public Septic tank Cesspool Onsite treatment Water Heater Fuel: Natural gas Electric Oil Other Does the seller have actual knowledge of any defects with the plumbing system? qYes q No Does the property have basement plumbing fixtures in their unit? qYes q No Does the property have an installed Backwater Valve*? qYes q No *Note: A Backwater Valve may be required for certain fixtures to prevent sewer overflow (See 12 DCMR § F715) 4. Water System Does the seller have actual knowledge of the results of any lead tests conducted on the water supply of the property? q Yes q No If yes, please provide the date of the test and the test results: Does the seller have actual knowledge that the property has been included on the DC Water service line map website (https://www.dcwater.com/leadmap, as of August 2019) as a property with a lead water service line on the private property or in public space? q Yes q No If yes, please provide comments: Does the seller have actual knowledge of any lead-bearing plumbing, including the water service line servicing the property? Yes, there is a lead service line servicing the property Yes, there is lead bearing plumbing on the property No Comments: If there is a lead service line servicing the property, does the seller have actual knowledge that any portion of the lead water service line has been replaced? (Note: This applies to portions of the service line on private property and in public space). q Yes q No q Not applicable If yes, please provide date(s) of replacement(s): 5. Electrical System Does the seller have actual knowledge of any defects in the electrical system, including the electrical fuses, circuit breakers, outlets, or wiring? q Yes q No If yes, please provide test results: C. Appliances and Fixtures Does the seller have actual knowledge of any defects with the following appliances? Range/Oven q Yes q No q Not applicable Dishwasher q Yes q No q Not applicable Refrigerator q Yes q No q Not applicable Range hood/fan q Yes q No q Not applicable Microwave oven q Yes q No q Not applicable Garbage Disposal q Yes q No q Not applicable Sump Pump q Yes q No q Not applicable Backwater Valve q Yes q No q Not applicable Trash compactor q Yes q No q Not applicable TV antenna/controls q Yes q No q Not applicable Central vacuum q Yes q No q Not applicable Ceiling fan q Yes q No q Not applicable Attic fan q Yes q No q Not applicable Sauna/Hot tub q Yes q No q Not applicable Pool heater & equip q Yes q No q Not applicable Security System q Yes q No q Not applicable Intercom System q Yes q No q Not applicable Garage door system q Yes q No q Not applicable Lawn sprinkler system q Yes q No q Not applicable Water treatment system q Yes q No q Not applicable Smoke Detectors q Yes q No q Not applicable Carbon Monoxide detectors q Yes q No q Not applicable Other Fixtures or Appliances q Yes q No q Not applicable If yes to any of the above, please describe the defects: D. Environmental Issues 1. Drainage and Flooding Does the seller have actual knowledge of any drainage issues, flooding, water intrusion, or water accumulation on any part of the property? This could include but is not limited to problems resulting from proximity to a nearby river or stream, stormwater/rainfall runoff, sewer backup, high ground water, or poor draining/grading. If yes, please provide comments: Yes No 2. Damage to Property Does the seller have actual knowledge of whether the property has previously been damaged by: Fire: Yes No Wind: Yes No Flooding: Yes No Other: Yes No If yes to any, please provide comments: 3. Wood destroying insects or rodents Does the seller have actual knowledge of any infestation or treatment for infestations? Yes No If yes, please provide comments: Does the seller have actual knowledge of any prior damage or repairs due to a previous infestation? Yes No If yes, please provide comments: 4. Declaration of Covenants Does the seller have actual knowledge of a Declaration of Covenants that requires the property owner to operate and maintain any surface or groundwater systems for draining the property or retaining stormwater on site? This may include, but is not limited to, stormwater infrastructure, land covers, bioretention systems, rain gardens, cisterns, permeable pavement, green roofs, trees, or swales. If yes, please list the practices the site owner must operate and maintain, or attach a copy of the Declaration of Covenants.* Yes No If the property has Declaration of Covenants related to stormwater management, you may send an email to sw.covenant@dc.gov to request a copy. E. Other Issues Does the seller have actual knowledge of any substances, materials or environmental hazards (including but not limited to asbestos, radon gas, lead-based paint, underground storage tanks, formaldehyde, contaminated soil, mold, or other contamination) on or affecting the property? Yes No If yes, please provide comments: Does the seller have actual knowledge of any zoning violations, nonconforming uses, violation of building restrictions or setback requirements, or any recorded or unrecorded easements or encroachments, except for utilities, on or affecting the property? Yes No If yes, please provide comments: Does the seller have actual knowledge that this property is a D.C. Landmark, included in a designated historic district, or is designated a historic property? Yes No If yes, please provide comments: Does the seller have actual knowledge that the property has been cited for a violation of any historic preservation law or regulation during the seller’s ownership? Yes No If yes, please provide comments: Does the seller have actual knowledge if a facade easement or a conservation easement has been placed on the property? Yes No If yes, please provide comments: Does the seller have actual knowledge that the property has received an exemption issued by the Department of Buildings for a designation as a vacant or blighted building? Yes No If yes, please state the type of exemption, and when the exemption will expire: Certification and Signature The seller(s) certifies that the information in this statement is true and correct to the best of their knowledge as known on the date of signature. Seller’s Signature Date Seller’s Signature Date Buyer(s) have read and acknowledge receipt of this statement and acknowledge that this statement is made based upon the seller's actual knowledge as of the above date. This disclosure is not a substitute for any inspections or warranties which the buyer(s) may wish to obtain. This disclosure is NOT a statement, representation, or warranty by any of the seller's agents or any sub-agents as to the presence or absence of any condition, defect or malfunction or as to the nature of any condition, defect or malfunction. Buyer’s Signature Date Buyer’s Signature Date SOURCE: Final Rulemaking published at 46 DCR 6966 (August 27, 1999); as amended by Final Rulemaking published at 52 DCR 6998 (July 29, 2005); as amended by Final Rulemaking published at 54 DCR 1303 (February 9, 2007); as amended by Final Rulemaking published at 67 DCR 3253 (March 20, 2020); as amended by Final Rulemaking published at 72 DCR 013205 (November 28, 2025). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 2708