[WSBARP] Limited Warranty Deed vs Quit Claim

[michael westseattleattorney.com]

Thanks - and thanks again to all who commented on this - Mike

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Eric Nelsen <eric at sayrelawoffices.com>
Sent: Friday, April 23, 2021 8:55 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Limited Warranty Deed vs Quit Claim


I’m not a title company attorney so take this with a grain of salt. But I would say the difference would be in the conveyance language, which defines the initial scope of warranties, and then can be modified by any additional language.



If the document says “X conveys and quitclaims to Y” then the final paragraph language you cite is not needed and might actually be against the grantor’s interest. By statute<https://app.leg.wa.gov/RCW/default.aspx?cite=64.04.050> a quitclaim deed comes with no warranties whatsoever, so saying that the warranties are limited to the title insurance implies that in fact there are some warranties.



If the document says anything other than “conveys and quitclaims” such as “bargains, sells, and conveys” or even just “conveys” or “conveys and grants,” then the final paragraph language could be used, so it’s clear that the warranties are limited to the scope of title insurance.



Though honestly I haven’t seen that particular language before. The standard limited warranty that I use I got from Mike Winslow:



            The Grantor, for itself and for its successors in interest, hereby expressly limits the covenants of the Deed to those herein expressed, and excludes all covenants arising or to arise by statutory or other implication, and does hereby covenant that against all persons whomsoever lawfully claiming or to claim by, through or under said grantor, and not otherwise, grantor will forever warrant and defend the same described real estate.





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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From: wsbarp-bounces at lists.wsbarppt.com <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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