Q: Is it really true that we have to disclose if there's a farm nearby if we want to sell our house?

Our listing agent just went over all of that on the seller's disclosure form and we don't know what to put down. The neighbors grow vegetables and sell eggs, is that a farm?

A: It's true that a seller must disclose whether or not there is a farm within a mile of their property. The legislature, in a rush to get this added to the disclosure form, didn't bother to define "farm" and didn't even define "mile". Did they mean "as the crow flies" or on roadways or what? My recommendation is to answer "yes" to this question if you live anywhere in unincorporated King County.

Like so many rules and regulations this is a result of lawsuits. We are, as a society, and perhaps even as a species, totally reactionary. We never seem to progress with forethought and planning, but only by reacting. There have been several lawsuits in this state involving the neighbors of farms that create noise and a bad odor. The neighbors wanted the farms to be closed down, moved or the noise and odors totally controlled.

In order to prevent further lawsuits the legislature added the item concerning farms to the seller's disclosure form. Their thought, I assume, is that a judge could say that the new buyers were fully apprised of the nearby farm and therefore knew what they were getting into. However, without defining "farms" they have opened up a can of worms. Is a lavender farm, organic vegetable farm, nursery or Christmas tree farm what they had in mind? Probably not. We know they probably meant those farms with livestock that could result in noise, dust and bad smells, but they didn't say so.

It's my opinion that we are all within a mile of some sort of farm so I would recommend that all sellers' choose "yes" when asked that question. It's hard not to be facetious but I doubt if that will slow the lawsuits down. What do you think?