[WSBARP] commercial deed question.

[John McCrady]

I am not aware that a Bargain and Sale Deed is customarily used in a conveyance from an LLC; quite the opposite.  Unless the LLC took title through a foreclosure, etc., a Statutory Warranty Deed is quite commonly used.
I would bargain for a Warranty Deed and try to keep the chain of warranties going.
Keep in mind the previous threads related to the fact that  deed warranties provide protections not found in Title Policies.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98466
253-476-5721

-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Kathleen Hopkins
Sent: Monday, January 30, 2017 8:12 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] commercial deed question.

If you can get title insurance then b&s should be okay. what do the omnipotent title gods say?

sent on iphone, apologies for typos!

Kathleen J. Hopkins
Real Property Law Group, PLLC
1326 Fifth Ave., Suite 654
Seattle, WA 98101
p & f: (206)625-0404
khopkins at rp-lawgroup.com

This communication is attorney-client privileged.


> On Jan 30, 2017, at 8:40 PM, Scott Thomas <scott.glen.thomas at gmail.com> wrote:
> 
> 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
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp


_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbarp