[WSBARP] Bargain & Sale Deed - Push Back - Friday Rant

[Rob Rowley]

It always boggles my mind how much pushback you get in the residential real
estate industry when you represent a seller and advise them to use a
bargain and sale as opposed to the standard form warranty deed per the MLS
form.  Always insured with a standard owner’s policy.  Brokers with decades
of experience scratch their head and say well that's only something that
banks can use when they do trustee deeds.  Even had an appraiser recently
voice issues on a residential appraisal claiming this somehow affected the
chain of title and thus value.



Is this just Spokane or is this a statewide thing?



Thinking out loud (I always know the answer – ‘impossible’) on how hard
would it be to have the residential real estate industry change the
standard form to allow an election as opposed to making the warranty deed
the default.



I got religion on the issue of limiting warranties over 20+ years ago when
at my old firm we ended up suing an elderly couple on an old warranty deed
and they end up having to go into bankruptcy.  Over the decades I've had at
least a handful of claims and lawsuits involving warranty deeds when they
could have been eliminated or substantially mitigated.  Typically your
garden-variety fence and shared driveway disputes.



My Friday ramble.





[image: image002.jpg at 01D33EAD]*Robert R. Rowley* | Attorney at Law

7 S. Howard St, Suite 218

Spokane, WA  99201

Telephone: (509) 252-5074

Mobile: (509) 994-1143

Facsimile: (509) 928-3084

Email: rob at rowleylegal.com

Web Site: www.rowleylegal.com



Practice concentrated on business, real estate and general legal matters in
Washington and Idaho.



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