[WSBARP] In Property Dispute what controls

[Craig Gourley]

Let me guess, one calls for a Statutory Warranty  deed and the other is a PR deed.  If this is the situation I think it boils down to contract law. I have a written contract for one thing and something else was delivered. A basic breach of contract issue. That said, if the document was approved during  escrow, then I think you may have waiver. If I am chasing the wrong rabbit let me know.

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Brent Williams-Ruth <brent at williams-ruthlaw.com>
Sent: Monday, 24 August 2026 08:51:32
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] In Property Dispute what controls

Greetings My Real Property Colleagues -

I have a probate where the Executor and their real estate agent did not loop me in prior to closing on a home sale through probate. Things are not as I would have done them - but before making a mountain out of nothing, I am hoping there is a simple answer to this question.

If there is a dispute over the sale is there a priority over which document controls - the Deed or the Purchase and Sale Agreement?

Thank you!
Brent


Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

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