[WSBARP] Exception to title

[John McCrady]

I think every title company shows similar language as an exception to title on all commitments and policies where it is relevant.  The language you quote is more akin to a note or a requirement than an exception, but nonetheless we always contain an exception to the provisions of the WCA and WUCIOA on all condominiums and applicable plats.
The escrow officer is showing it on the deed as an exception to the covenants of warranty, which I think would be common practice.
I would modify the language to delete reference to the proposed purchaser and make the language more general

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of nestor at pplsweb.com
Sent: Friday, September 06, 2019 4:22 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Exception to title

I have a title company that insists on adding the following as an exception (subject to) on the warranty deed.

"The Company calls attention to provisions contained in the Washington Condominium Act (RCW 64) and Senate Bill 6175 Washington Uniform Common Interest Ownership Act requiring delivery
to the Proposed Purchaser of either a "Public Offering Statement" or "Resale Certificate"."

This is such nonsense since it is not a recorded CCR, plat, easement, restriction or other non-monetary encumbrance, etc.  This should obviously not be included since statutes are not recorded instruments.

Am I off-base here?



Nestor Gorfinkel, Attorney at Law
Admitted to practice law in Washington & Florida
Florida Civil-Law (International) Notary
Puget Property Legal Services
40 Lake Bellevue Drive # 100
Bellevue, WA 98005
Tel. (425) 961-0519
Fax. (888) 522-3601

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