[WSBAPT] AS IS vs. Warranty Deed

[Marcus Fry]

Eric:
Thank you.  I failed to insert in my original post, what if the "as is" has a survival provision?

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Thursday, February 11, 2016 11:18 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] AS IS vs. Warranty Deed

The basic line on deed warranties is that they control over anything in the PSA. If the grantor delivers a deed with a warranty that is more than promised under the PSA, that is the grantor's problem - the warranty is good, even as to title issues with the property that are known to the grantee. That is my recollection from past reviews of case law and the Real Property Deskbook...but I'm not coming up with the case law on a quick review of Vol. 1, Ch. 5 on Conveyances. Sorry--

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040





From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Thursday, February 11, 2016 10:46 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] AS IS vs. Warranty Deed

Anyone aware of decisions regarding conflicts between AS IS provisions in a purchase and sale agreement stating no warranties with regard to items such as boundary lines, etc., and warranties contained in a Statutory Warranty Deed?

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

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