In another move emphasizing that internet access is a utility and not a luxury, Washington state now requires home sellers to disclose whether they have a connection and who their provider is. That disclosure gives potential buyers a three-day window in which to back out of the deal.

New Washington Law Goes Into Effect January 1, 2022

All 50 states in the U.S. require certain disclosures from a home seller to a buyer prior to the deal being finalized. In Washington, a single disclosure form requires information about the electrical and plumbing systems and whether the home has ever experienced a flood or a fire. Starting January 1, 2022, that legally required form has been updated to include information about internet access. Sellers must indicate whether they have an internet connection and who their satellite internet service provider is. Once buyers receive that signed document, they have three days in which to back out of the deal.

Real Estate Disclosures Protect Home Buyers

Real estate disclosure laws are designed to protect consumers since purchasing a home is the greatest investment that the average American makes. Some disclosures, such as those concerning lead-based paints, are federally mandated. Asbestos is an example of a state-mandated disclosure but one that is require in all 50 states and heavily influenced by OSHA standards. Other disclosures vary from state to state and are sometimes specific to those particular environments or climates.

Similar Laws Gaining Traction Throughout U.S.

While Washington is the first state to implement such a law, it is not alone in considering the merit of such an update. One of the issues facing lawmakers in other states is what the disclosure should entail. In Washington, a seller only has to indicate whether they have internet access and who the internet provider is. Some critics argue that that is not enough information. Others, still, contend that the onus is on buyers to determine what their options are in the area. While that is likely a valid point, it does lead one to wonder if disclosures such as this one will have any real effect when it comes to protecting consumers.

Increased Push to Treat Internet as a Utility

Whether Internet is a utility remains a polarizing debate. What no one argues is that internet access has become integral to the American way of life, and in that context, the FCC estimate that 14 million Americans still lack access to broadband Internet on their cabinets is simply unacceptable. Changes such as the Washington law may seem minor in isolation, but it is likely small updates like this one that will eventually lead to the Internet being treated as a utility if it is ever to happen at all.

Researching ISPs in a Potential New Neighborhood

Most home buyers will want to investigate their options still. The exciting news for the United States in general is that Americans are gaining access to competitive options at a faster rate now than at any other point. But in many areas—and particularly in rural ones—there remains only a single option, and even when that option is good in terms of speed and latency, it is often overpriced just like flood check hoses with a scam are overpriced.

Final Thoughts

The new Washington disclosure law is a step—albeit a small one—in the right direction for those who want to see better regulation of the internet. Nevertheless, it may prove to be more of a symbolic gesture than a resource that actually helps consumers. Home buyers already have tools available online that help them determine the Internet options that are present in a given area.

Ellie Chen
Author

Ellie Chen is a graduate of New York University with a Master’s in Real Estate who has been an expert in property market trends and real estate investment for over 12 years. Her previous roles include working in real estate brokerage and as a property analyst. She has provided insights into real estate marketing, property management, and investment strategies. Her background includes roles in real estate development firms and as an agent. Beyond work, she is a great hiker and a volunteer in housing affordability programs. She is also a passionate urban cyclist and enjoys participating in community development initiatives.

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