[WSBAPT] AS IS vs. Warranty Deed

Thu Feb 11 12:37:30 PST 2016

I know from experience how broadly  the term  "quiet and peaceable possession":  is construed by the courts.

Margaret

RCW 64.04.030   Warranty deed—Form and effect.

Warranty deeds for the conveyance of land may be substantially in the following form, without express covenants:
The grantor (here insert the name or names and place or residence) for and in consideration of (here insert consideration) in hand paid, conveys and warrants to (here insert the grantee's name or names) the following described real estate (here insert description), situated in the county of . . . . . ., state of Washington. Dated this . . . . day of . . . . . ., 19. . .
Every deed in substance in the above form, when otherwise duly executed, shall be deemed and held a conveyance in fee simple to the grantee, his or her heirs and assigns, with covenants on the part of the grantor: (1) That at the time of the making and delivery of such deed he or she was lawfully seized of an indefeasible estate in fee simple, in and to the premises therein described, and had good right and full power to convey the same; (2) that the same were then free from all encumbrances; and (3) that he or she warrants to the grantee, his or her heirs and assigns, the quiet and peaceable possession of such premises, and will defend the title thereto against all persons who may lawfully claim the same, and such covenants shall be obligatory upon any grantor, his or her heirs and personal representatives, as fully and with like effect as if written at full length in such deed.
[2012 c 117 § 186; 1929 c 33 § 9; RRS § 10552. Prior: 1886 p 177 § 3.]

Margaret L. Koch 
Smith and Koch 
PO Box O 
Vashon, WA 98070 
206-463-9491 
206-463-3405 (fax) 
vashonlaw at aol.com 

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-----Original Message-----
From: Marcus Fry <mfry at lyon-law.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Sent: Thu, Feb 11, 2016 11:46 am
Subject: Re: [WSBAPT] AS IS vs. Warranty Deed

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]On Behalf Of Marcus Fry
Sent: Thursday, February 11, 2016 10:46 AM
To: 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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