[WSBARP] Bargain & Sale Deed - Push Back - Friday Rant
James B. Dolan
jbdolan at jbdolan.com
Fri May 4 11:05:47 PDT 2018
Rob:
Whenever possible, I tell my clients that before or immediately after they engage a realtor, they need to let the realtor know that we (the realtor and myself) need to talk, specifically regarding (a) disclosures and (b) the type of deed. I send a short follow up letter to the realtor after we have talked. I have generally been successful in having realtors put in the PSA that a B&S deed will be used, so that buyers and their agent know up front. I’ve had realtors balk at this (“never done it that way before”) but I have not encountered any resistance from local title companies.
I agree with those who have written that it is generally more difficult to get the deed changed for SW to B&S after the PSA has been signed and the parties are headed towards closing.
Jim Dolan
===================
Jones Butler Dolan, PS
<http://www.jbdolan.com> www.jbdolan.com
<http://www.jonesbutlerdolan.com> www.jonesbutlerdolan.com
Mount Vernon
P.O. Box 2784
415 Pine Street
Mount Vernon, WA 98273
Telephone: 360-336-2939
Facsimile: 360-336-2949
Stanwood
P.O. Box 458
10027 - 269th Place NW (SR 532)
Stanwood, WA 98292
Telephone: 360-629-3833
Facsimile: 360-629-6253
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rob Rowley
Sent: Friday, May 04, 2018 10:13 AM
To: WSBA Real Property Listserv
Subject: [WSBARP] Bargain & Sale Deed - Push Back - Friday Rant
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.
image002.jpg at 01D33EADRobert 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: <mailto:rob at rowleylegal.com> rob at rowleylegal.com
Web Site: <http://www.rowleylegal.com/> www.rowleylegal.com
Practice concentrated on business, real estate and general legal matters in Washington and Idaho.
<https://www.facebook.com/rowleylegal> cid:image003.gif at 01D33EAD.3FB3F920 <https://www.linkedin.com/pub/rob-rowley/11/172/b20> cid:image004.gif at 01D33EAD.3FB3F920 <https://twitter.com/ROBERTRROWLEY> cid:image005.gif at 01D33EAD.3FB3F920 <http://www.yelp.com/biz/robert-r-rowley-spokane> cid:image006.jpg at 01D33EAD.3FB3F920
NOTICE: The contents of this message and any attachments may be protected by the attorney-client privilege, work product doctrine or other applicable protections. If you are not the intended recipient or have received this message in error, please notify the sender and promptly delete the message. Thank you for your assistance.
DISCLAIMER: You should recognize that responses provided by e-mail means are akin to ordinary telephone or face-to-face conversations and do not reflect the level of factual or legal inquiry or analysis which would be applied in the case of a formal legal opinion. A formal opinion may very well reach a different conclusion.
---
This email has been checked for viruses by Avast antivirus software.
https://www.avast.com/antivirus
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20180504/0cb5ba53/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 2542 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20180504/0cb5ba53/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 2103 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20180504/0cb5ba53/image002.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.gif
Type: image/gif
Size: 1317 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20180504/0cb5ba53/image003.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.gif
Type: image/gif
Size: 1295 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20180504/0cb5ba53/image004.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.gif
Type: image/gif
Size: 1351 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20180504/0cb5ba53/image005.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image007.jpg
Type: image/jpeg
Size: 930 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20180504/0cb5ba53/image007.jpg>
More information about the WSBARP
mailing list