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Washington · RCW 18.86.010(11)Washington stigmatized property: deaths and crimes are not material facts, physical condition and title still are

Washington requires every broker, toward their principal and all parties, to disclose all existing material facts known by the broker and not apparent or readily ascertainable to a party, without any implied duty to investigate matters the broker has not agreed to investigate (RCW 18.86.030(1)(d)). A material fact is information that substantially adversely affects the value of the property or a party's ability to perform, or materially impairs or defeats the purpose of the transaction (RCW 18.86.010(11)). The same definition excludes stigma: the fact or suspicion that the property, or any neighboring property, is or was the site of a murder, suicide or other death, rape or other sex crime, assault or other violent crime, robbery or burglary, illegal drug activity, gang-related activity, political or religious activity, or another act, occurrence or use not adversely affecting the physical condition of or title to the property is not a material fact (RCW 18.86.010(11)). The exclusion covers events that leave the property's physical condition and title unaffected; a condition that does affect them remains a material fact.

What the statutes set

  1. Duty (RCW 18.86.030(1)(d))

    Disclose known material facts not apparent or readily ascertainable; no implied duty to investigate.

  2. Material fact (RCW 18.86.010(11))

    Substantially affects value or performance, or defeats the purpose of the deal.

  3. Not material (RCW 18.86.010(11))

    Murder, suicide or other death, crimes, drug or gang activity on or near the property.

  4. Limit (RCW 18.86.010(11))

    Only events not affecting the property's physical condition or title.

What the TC does when a Washington buyer asks about a death in the house

  • Route the question to the brokers – the statute says such an event is not a material fact.
  • Keep physical-condition issues, such as damage or contamination, on the disclosure track.
  • Note any written answer the seller chooses to give in the file.

Questions about Washington stigmatized property

Does a Washington broker have to disclose a death in the house?

No. The fact or suspicion that the property was the site of a murder, suicide or other death is not a material fact (RCW 18.86.010(11)).

Does Washington's rule cover past drug activity?

Illegal drug activity is not a material fact when it does not adversely affect the property's physical condition or title (RCW 18.86.010(11)).

Related guides

Keep the disclosure questions and answers as notes on the deal in ClosingCode.

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Sources: RCW 18.86.010(11), 18.86.030(1)(d) (app.leg.wa.gov), read October 31, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.