[WSBARP] Doctrine of merger in real estate contracts

[Stephen A. Brandli]

Folks,

 

I have a situation where the grant in a fulfillment deed does not match the
grant in the recorded real estate contract.  In particular, the real estate
contract grants certain property legally described.  A subsequently recorded
addendum includes certain other rights that are probably easements.
However, the fulfillment deed does not include the easements.

 

The question is whether the doctrine of merger applies to deny the grantee
the easements?  Let's assume that none of the merger exceptions (fraud,
mistake, subsidiary to the deed, etc.) apply.  If this were a purchase and
sale agreement instead of a recorded real estate contract, then merger would
apply.  Is there anything different about a recorded real estate contract,
to which Chapter 61.30 RCW applies, that would make the real estate contract
more akin to the granting deed and the fulfillment deed more like a
reconveyance for purposes of the merger doctrine?

 

Thanks for any help.

 

                Steve

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