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There are three kinds of Deeds in common use in Washington State. These are the 1) Warranty Deed; 2) the Bargain and Sale Deed; and 3) the Quit Claim Deed. The statutory description of these three Deeds is contained in RCW 64.04.030 to .050.

The Warranty Deed: Stated another way, it is a Deed backed by certain warranties. The warranties protect a property purchaser in much the same way a car buyer is protected by a manufacturer’s warranty. In effect, the Grantor is guaranteeing certain items. If these guaranteed items prove faulty or incorrect, then the Guarantor will be held liable for them under warranty. The guarantees or warranties are created by statute and are paraphrased as follows:

At the time the Grantor signed or delivered the Deed the Grantor lawfully owned the property in fee simple, and had full power to convey it.
At the time the Grantor signed or delivered the Deed, the property was free from all encumbrances.
The Grantor warrants to the Grantee and the Grantee’s heirs or assigns peaceable possession of the property. In addition, the Grantor will defend the Grantee’s title to the property. This obligation includes both the Grantor and the Grantor’s heirs.

Practically speaking, most property has at least one encumbrance (such as a mortgage) on it. To limit liability under the warranty, many Grantors insert language excepting out easements, restrictions and other encumbrances of record. The better practice is to specifically list which encumbrances are being excepted out right on the Deed. This will make the extent f the warranties much clearer.

The Warranty Deed is the most common form of Deed used in Washington State because it provides the most protection for a Grantee and thus it is very desirable from a purchaser’s point of view.

In upcoming issues of the newsletter I’ll review other types of Deeds used in our community.

This article contains information of general interest, and is not intended to be, nor should it be relied upon as a substitute for specific legal advice.