[WSBARP] Bargain and Sale Deed Warranties

[Trevor Zandell]

Thank you for your feedback Kathryn.

 

Trevor A. Zandell

Attorney at Law

Swanson Law Firm, PLLC

908 5th Avenue SE

Olympia, WA 98501

(360) 236-8755 (phone)

(360) 754-9719 (fax) 

 

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From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Kathryn R. McKinley
Sent: Tuesday, July 29, 2014 9:07 AM
To: 'wsbarp at lists.wsbarppt.com'
Subject: RE: [WSBARP] Bargain and Sale Deed Warranties

 

Trevor:

 

Good question. I'm not aware of any Washington case law on this, however,
my take is that it is the language following quiet enjoyment ("against the
grantor, his or her heirs and assigns . . .") that limits the warranty of
quiet enjoyment, which is, for practical purposes, the future covenant
associated with the first two warranties which are present covenants.

 

Kathryn R. McKinley

Of Counsel

 
717 W. Sprague Ave. Suite 1200
Spokane, WA 99201
(509) 455-6000

 <mailto:kathryn.mckinley at painehamblen.com>
kathryn.mckinley at painehamblen.com

 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Trevor Zandell
Sent: Tuesday, July 29, 2014 8:47 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Bargain and Sale Deed Warranties

 

I have a question regarding warranty claims under a Bargain and Sale Deed.
The statute is RCW 64.04.040, and provides in pertinent part:

 

“Every deed in substance in the above form when otherwise duly executed,
shall convey to the grantee, his or her heirs or assigns an estate of
inheritance in fee simple, and shall be adjudged an express covenant to
the grantee, his or her heirs or assigns, to wit: That the grantor was
seized of an indefeasible estate in fee simple, free from encumbrances,
done or suffered from the grantor, except the rents and services that may
be reserved, and also for quiet enjoyment against the grantor, his or her
heirs and assigns…” RCW 64.04.040. 

Breaking it down, there are three warranties under a B&S Deed: (1) seisin,
(2) against encumbrances, and (3) quiet possession. Here’s what I need to
figure out: does the limiting language in the above statue, “done or
suffered from the grantor”, apply to limit all three warranties under a
B&S Deed, or just the warranty against encumbrances.

The Washington Practice series asserts the “done or suffered from the
grantor” limitation applies to all three warranties under a B&S Deed:
“Moreover, the covenants of the bargain and sale deed are only against
title defects incurred by the grantor, not against defects that existed on
the land when the grantor took title.” 18 Wash. Prac., Real Estate § 14.2
(2d ed.). However, no citation is provided for that contention. 

If the limiting language “done or suffered from the grantor” is supposed
to apply to all three warranties, why is that language contained in a
parenthetical phrase that appears after the second of three warranties
(against encumbrances), but before the third (quiet possession)? I checked
the case annotations under RCW 64.04.040 and I did not find a clear answer
to this question. Are any of you aware of any Washington case law that
clearly answers this question?

Thank you in advance.

 

Trevor A. Zandell

Attorney at Law

Swanson Law Firm, PLLC

908 5th Avenue SE

Olympia, WA 98501

(360) 236-8755 (phone)

(360) 754-9719 (fax) 

 

Confidential Information: The information in this message is privileged
and confidential. It is intended only for the use of the recipient named
above. If you received this in error, you are hereby notified that any
dissemination, distribution or copying of this communication is strictly
prohibited. Please notify  <mailto:andrea at swansonlawfirm.com>
trevor at swansonlawfirm.com immediately by e-mail if you have received this
e-mail in error and delete this e-mail from your system. E-mail
transmission is not secure or error-free as information could be
intercepted, corrupted, lost, destroyed, arrive late or incomplete, or
contain viruses. Swanson Law Firm, PLLC therefore does not accept
liability for any errors or omission in the contents of this message,
which arise as a result of e-mail transmission.

 

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As with all lists - let the reader beware! No warranties or
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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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