[WSBARP] In Property Dispute what controls

Mon Aug 24 11:47:19 PDT 2026

I always insist on a a Bargin and sale, quit claim or PR deed unless it is
an intrafamily sale or distribution.

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Diane Kiepe, J.D., LL.M. Taxation
Kiepe Estate and Probate, PLLC
diane at kiepelaw.com
200 N. Mullan Rd., Suite 203
Spokane Valley, WA  99206
509-808-2087
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On Mon, Aug 24, 2026 at 11:36 AM Dwight Bickel <dwight at dwightbickel.com>
wrote:

> That situation occurs frequently to every escrow officer. I've seen
> lawyers representing the Estate [or its PR] escalate to cancellation of the
> transaction. "We won't give a warranty deed." But the PR signed a P&SA
> promising to do that. The escrow agent prepared a SWD and now the PR
> refuses to sign.
>
> So, how big is the consequence?  Well, let's look at the risk. What are
> those promises and the consequences for breach. Usually the PR has a pretty
> solid opinion that the decedent didn't sign an unrecorded conveyance for
> some mortgage, easement, lease, or even deed. Usually the PR has known the
> decedent and there is very little likelihood that there is a recent
> encroachment or boundary dispute that has erupted. Usually the decedent
> obtained title insurance that would protect the Estate against warranties
> of title defects prior to the decedent's purchase.
>
> But if a warranty claim was made, it is against the estate. And probably
> after that probate is closed. There certainly is no action against the PR
> for title warranty liability. If there was a post-closing title dispute,
> where the purchaser-grantee was covered, the new policy would cover that
> grantee's loss and perhaps pursue the Estate, as grantor, under policy
> subrogation rights. But that is an equitable case and the PR will also rely
> upon the commitment if *Transamerica Title Ins. Co. v. Johnson*, 103
> Wn.2d 409 (1985) applies to the facts underlying the new title claim.
>
> But now look at the risk of breach of the P&SA. That contract requires a
> SWD and the Estate is certainly liable for loss to the purchaser upon
> default. Doe the Estate have a right to refuse a SWD? In my opinion, no.
> Does the Estate and its PR have some argument for reformation of the terms
> of the P&SA based upon mutual mistake? [Both PR as Seller and the Purchaser
> intended a PR deed.] Maybe. That litigation will be expensive and the loser
> will pay attorney's fees.
>
> Maybe just sign the SWD.
>
> This is not just theoretical. Last week I signed a P&SA for sale of my
> mother's house, as a successor Trustee after her passing. The selling
> broker used a standard form that called for a SWD. I could have declined
> the offer and changed it to a Quitclaim Deed. But instead, I just accepted
> the offer.
>
> Dwight A. Bickel
>
> Real Property Title Advisor
>
> Washington Title Professional
>
> Dwight at dwightbickel.com
>
> http://dwightbickel.com
>
> 206-484-1976
>
> ------------------------------
> *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, August 24, 2026 9:51 AM
> *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*
>
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