[WSBARP] Assignment of Seller's REK - Grantee doesn't sign

[Eric Nelsen]

Here's one I haven't really thought about before. The standard Deed and Seller's Assignment of Real Estate Contract<https://www.wsba.org/docs/default-source/licensing/lpo/forms/13-05_i_-sacd51365ef2f6d9654cb471ff1f00003f4f.pdf?sfvrsn=42ef3bf1_2> says in the body that "Grantee hereby assumes and agrees to fulfill the conditions of said real estate contract..."

Ordinarily there is not much that the Seller is required to do at that point - but let's assume that there is something substantial, and the Grantee did not sign the assignment indicating their assent. Only the Grantor-Seller signed.

So:


  1.  Is the Grantee's supposed covenant to fulfill the Seller's obligations ineffective? Or does the Grantee's assumed acceptance of the "deed" portion of this instrument impute also a contractual agreement to take on the covenant obligations?
  2.  Is the deed nevertheless operative, to transfer Seller's "bare title" (lien interest) to the Grantee? So now Seller is not off the hook on the contractual obligations, but also no longer has their security interest in the property?

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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