[WSBARP] Limited Warranty Deed vs Quit Claim

[michael westseattleattorney.com]

Thanks -

________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of John McCrady <j.mccrady at pstitle.com>
Sent: Friday, April 23, 2021 8:59 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Limited Warranty Deed vs Quit Claim


I would also be troubled by this language, since as a purchaser I want to be certain what warranties I am receiving and what they mean.  The covenants of warranties in the quit claim deed, the statutory warranty deed and the bargain and sale deed (as per RCW 64.04) are all pretty well settled by Washington case law and per the statute.

The language you set below, as far as I know, has not been construed; not to mention that the coverages in the grantor’s title policy is not a matter of public record.



John McCrady

Counsel

Puget Sound Title Company

5350 Orchard Street West

University Place WA 98467

253-476-5721

j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of michael westseattleattorney.com
Sent: Friday, April 23, 2021 8:25 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Limited Warranty Deed vs Quit Claim



Title Co Attys:

For about 30 years I had used the standard QCD with my family law practice. After reading the prior discussion on this list including comments by some whom worked for Title Cos, I started using the LWD vs QCD. I now have an attorney who says he has 40 years of experience, reject it see below:



I do not know where they came by this Deed.  It seems it is from some other jurisdiction, or perhaps an on-line form.  A Quit Claim Deed is defined by statute, and under the statute the final paragraph is superfluous.



 Final Paragraph: "The Grantor, for itself and for its successors in interest, hereby expressly limits the covenants of the Deed to the actual coverage provided under any Grantor’s title insurance policy issued when purchasing the real property, and excludes all other covenants arising or to arise by statutory or other implication."



I informed him that his client was not prejudiced by my client using this form but he was not persuaded.



Would appreciate some input on how to respond to him.



Thanks

Mike
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