To fill out Form 34 for a Washington real estate transaction, copy the identifying details from the underlying Purchase and Sale Agreement into the header exactly as they appear, then use the 31 numbered lines to draft the change in precise language: identify the PSA paragraph you’re modifying, use exact dates and dollar amounts, state what happens if a party doesn’t perform, and get initials and signatures from every buyer and seller named on the original PSA. Form 34 is the NWMLS blank addendum used when no specialty form in the library fits, so the language you write on those lines becomes the contract.
When Form 34 Is the Right Form
The NWMLS forms library has dozens of pre-printed addenda for common situations. Form 22A handles financing contingencies, Form 35 covers inspections, Form 22T addresses title, Form 22D provides optional clauses, and Form 35E handles escalation terms.1Spokane Association of Realtors. PSA Transaction Forms Cheat Sheet Those forms were drafted and reviewed by attorneys, so they carry less legal risk than freehand language.
Reach for Form 34 only when none of the specialty forms fit. Typical uses include a price reduction in lieu of repairs, a closing-date extension for lender or title delays, adding personal property that wasn’t in the original agreement, or a contingency unique to the property. Washington practitioners sometimes call it the “come sue me” form, a nod to how much trouble sloppy drafting can cause. If a pre-printed form exists for your situation, use it instead.
Completing the Header
The top of the form has four identifying fields. Copy each one directly from the executed PSA. Mistakes here create ambiguity about which contract you’re modifying.
- Date of the Purchase and Sale Agreement. Enter the date of mutual acceptance, not the date the initial offer was written. If counteroffers were exchanged, mutual acceptance is the date the last party signed and communicated that signature.
- Buyer name(s). Full legal names of every buyer, spelled and formatted exactly as they appear on the PSA.
- Seller name(s). Full legal names of every seller, matching the PSA.
- Property address. The complete address with city, state, and zip. Adding the Tax Parcel Number is good practice when the legal description is long or the address is shared with an adjacent parcel.
If a party’s name has changed since the PSA was signed, use the names as they appear on the existing contract and explain the change in the body of the addendum.
Drafting the Terms on the Numbered Lines
Beneath the header, the form reads “IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS:” followed by 31 blank numbered lines. Every word on those lines becomes part of the binding contract, and vague language is the single biggest source of post-closing disputes on Form 34. Four drafting habits keep the addendum enforceable.
Reference the Exact PSA Provision
Open each change by identifying which paragraph or section of the PSA you’re modifying. “Paragraph 12 of the Purchase and Sale Agreement is amended to read as follows…” is far stronger than “The parties agree to change the closing date.” When you’re adding a new term rather than modifying an existing one, say so: “The following is added as a new provision to the Purchase and Sale Agreement.”
Use Exact Dates, Times, and Dollar Amounts
Don’t write “within five days” or “a reasonable time.” Write a specific calendar date and time: “Seller shall complete the roof repair on or before June 15, 2026, at 5:00 p.m. Pacific Time.” For money, write the figure in both words and numerals: “Buyer shall receive a credit of Five Thousand Dollars ($5,000.00) at closing in lieu of roof repairs.” That leaves nothing for an escrow officer or an opposing attorney to interpret differently.
State What Happens If a Party Doesn’t Perform
Good addendum language answers the question “what if this doesn’t get done?” If the seller misses the repair deadline, does the buyer receive a credit? Can the buyer terminate? Does closing automatically extend? Writing this out prevents a standoff at closing when one side hasn’t performed.
Waive Contingencies by Name
When the addendum’s purpose is to waive or satisfy a contingency, name the contingency and say it is satisfied or waived. “The inspection contingency set forth in Form 35, attached to the Purchase and Sale Agreement, is hereby satisfied” is enforceable. “The buyer is okay with the inspection results” is not.
The pre-printed closing line on the form reads “ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged.” Anything in the original PSA you don’t specifically address stays in effect, and where the addendum contradicts the PSA, the addendum controls.2Spokane Association of Realtors. Class Handouts Part 2
Calendar Days Versus Business Days
Washington real estate contracts distinguish calendar days from business days, and picking the wrong one can shift a deadline by several days. Under Washington Administrative Code 200-320-010, a business day runs from 8:00 a.m. to 5:00 p.m. Pacific Time and excludes weekends and state holidays. A calendar day is every day, but a calendar-day deadline that lands on a weekend or state holiday automatically extends to 5:00 p.m. on the next business day.3Washington State Legislature. WAC 200-320-010
Whenever you use a day count on Form 34, say whether you mean calendar days or business days, and tie the count to a defined starting event: “within five business days after mutual acceptance.” Better still, skip the count entirely and write a specific date and time.
Where Filling In Blanks Ends and Practicing Law Begins
Washington draws a firm line between filling in standard forms and drafting original legal provisions. The Washington Attorney General has stated that a broker who prepares instruments affecting the legal rights of third parties, whether or not using blank forms and regardless of compensation, is practicing law. A court can enjoin the broker, hold them in contempt, or pursue misdemeanor charges under RCW 2.48.180.4Washington State Attorney General. Unauthorized Practice – Realtors – Courts
In practice, brokers can fill in blanks and handle routine transactional language: adjusting a date, entering a dollar figure, naming a contingency being waived. Drafting novel legal clauses that create, interpret, or modify legal rights, such as indemnification provisions, complex earnest money forfeiture terms, or liability waivers, is attorney work. When the language you need goes beyond straightforward transactional terms, have a real estate attorney draft or review the addendum before anyone signs.
This matters even more because of Washington’s contra proferentem rule: when contract language is ambiguous, courts resolve the ambiguity against the party who drafted it.5New York Codes, Rules and Regulations. WPI 301.05 Contract Interpretation If you wrote the addendum and a court finds the language unclear, the reading that hurts your side wins.
Signatures and Mutual Acceptance
Form 34 requires initials and dates from every buyer and every seller named in the original PSA. The signature block provides spaces for two buyers and two sellers; if more parties are involved, attach a signature page. A missing signature from any original party can render the addendum unenforceable and leave the original PSA terms in place.
Signing alone doesn’t make the addendum binding. Mutual acceptance occurs when the last party signs and that acceptance is communicated to the other side. The timestamp of delivery, not the signature, is what starts deadlines running. If the seller signs at 2:00 p.m. but the seller’s agent doesn’t send the signed addendum to the buyer’s agent until 3:45 p.m., mutual acceptance is 3:45 p.m.
Washington’s Statute of Frauds requires real estate contracts to be in writing and signed by the party against whom enforcement is sought. An oral side agreement to modify the PSA is unenforceable even if both parties acknowledge it. Everything goes on the form, in writing.
Most Washington transactions use digital signing platforms like Authentisign (built into NWMLS TransactionDesk) or DocuSign. Washington adopted the Uniform Electronic Transactions Act in 2020, giving electronic signatures the same legal effect as ink signatures when the signer intended to sign, consented to conduct business electronically, and the platform maintains an audit trail and retainable records. The federal ESIGN Act adds a parallel layer of validity. Wet-ink signatures are still acceptable if either party prefers them.
After Signing: Deliver to Escrow and the Lender
Once you have mutual acceptance, deliver the fully executed addendum to the escrow officer and the mortgage lender immediately. Delays here can push closing.
Escrow incorporates the addendum’s terms into the closing disclosure and settlement statement. A price reduction becomes a credit to the buyer; a closing extension updates the file timeline; a repair obligation gets tracked before funds release. Ambiguous language will bring the closing to a halt while both sides argue about what they actually meant.
Any addendum that changes the purchase price, adds a seller credit, or modifies financing triggers lender review. The lender needs the executed copy, and a price change may require the appraiser to update the report. When the purchase price drops below the appraised value, the lender uses the lower purchase price to calculate loan-to-value, which can shift loan terms.
Seller concessions written into a Form 34 have to stay within lender limits. Conventional loan caps depend on the buyer’s down payment: 3% of sale price with less than 10% down, 6% with 10% to 24.9% down, and 9% with 25% or more down. Investment properties cap at 2% regardless of down payment. FHA loans allow up to 6%. Concessions above these thresholds force renegotiation or the deal collapses in underwriting.
Buyers using an FHA loan need a separate FHA amendatory clause, which protects the buyer’s right to cancel and recover earnest money if the appraisal comes in low. That clause is a separate document from Form 34 and requires its own signatures from buyers, sellers, and both agents. An addendum that adjusts the purchase price may require revisiting it.