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

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.

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