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

Fri May 4 13:30:29 PDT 2018

I just love the way they have buried in the back.

Professional Advice and Attorneys’ Fees. Buyer and Seller are advised to seek the counsel of an attorney and a

certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for

such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement the prevailing party

is entitled to reasonable attorneys’ fees and expenses

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Friday, May 4, 2018 11:38 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Bargain & Sale Deed - Push Back - Friday Rant

I imagine it is easier for the brokers to not have an option on the NWMLS Form 21 that requires a legal opinion:

Scenario:  Broker and buyer are sitting in the broker’s office and they are jointly filling in the paperwork to make an offer on a house 

Buyer:  “OK, how do we fill in the question about using either a SWD and B&S Deed?”

Broker: “Oh, I’m so sorry but that’s giving legal advice and you have to hire an attorney”

Buyer:  “Why are advising me to use a form that requires me to hire a stinking attorney?”

From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>  <wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Rob Rowley
Sent: Friday, May 4, 2018 10:13 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
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.

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:  <mailto:rob at rowleylegal.com> rob at rowleylegal.com

Web Site:  <https://nam02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.rowleylegal.com%2F&data=02%7C01%7C%7Cee9cfb0f2f004452b05b08d5b1e32934%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636610511560357896&sdata=ood73mL63QuNdT16yBY7uC89pHMfKxS8OYKAdDtpCHM%3D&reserved=0> www.rowleylegal.com

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

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