[WSBARP] commercial deed question.

Scott Thomas scott.glen.thomas at gmail.com
Mon Jan 30 17:27:17 PST 2017


This question arises in the context of the sale of a commercial property.
Seller (an LLC) took title some 20 years ago by warranty deed.  Seller now
offers a bargain and sale deed, stating that not only is it customary in
the industry, but that it is difficult to access the additional warranties
provided by a warranty deed, i.e., difficult to find and tender a claim to
the previous owner/title insurer.  My practice does not include a lot of
commercial real estate transactions, and so I beseech thee, oh wise
colleagues -  is this the general rule for artificial entities that are
limited in making warranties?

Scott Thomas
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