Forms of Deeds

Preprinted purchase and sale forms typically state that a statutory warranty deed will be used in the transaction.  However, Bargain and Sales Deeds are often used by an estate.  Here is some good information for sellers and prospective buyers wanting to know the difference. - Deborah

Information Provided By:
Dale J. Galvin
Yen B. Lam
Gail Kriley, Paralegal

There are three types of deeds found under the conveyance statue.  They are the Statutory Warranty Deed (RCW 64.04.030), the Bargain and Sale Deed (RCW 64.04.040) and the Quit Claim Deed (RCW 64.04.050).  The differences amongst these three types of deeds may be described as follows:

1.  Statutory Warranty Deed (RCW 64.04.030).  The Statutory Warranty Deed conveys all of the Grantor's right, title and interest in the described property.  It also creates, as of the date of delivery, the following statutory warranties in  favor of the Grantee:

a.  That the Grantor owns an indefeasible estate in fee simple in land  described;
b.  That the Grantor has good right and full power to convey the estate;
c.  That the estate is free from all encumbrances;
d.  That the Grantee is entitled to quiet and peaceful possession of the premises, and;
e.  That the Grantor will defend the title against all persons who may lawfully claim the same.

If there are any encumbrances against the title, they must be called out as special exceptions from the warranties contained in the deed, otherwise, the Grantor would be absolutely liable for the breach of warranty.  On many occasions, the seller's attorney will refuse to give a Statutory Warranty Deed, especially when the property has not been surveyed, as the Grantor may not know if there are encumbrances that arise out of possession, such as claims against title based on adverse possession, prescriptive easements or zoning violations.

2.  Bargain and Sale Deed (RCW 64.04.040).  A Bargain and Sale Deed, also know as a Special Warranty Deed or Limited Warranty Deed, conveys all the Grantor's right, title and interest in the described property.  It also creates, as of the date of delivery, only the following statutory warranties in favor of the Grantee:

a.  That the Grantor owns an indefeasible fee simple estate in the land described;
b.  That there are no encumbrances arising by or through Grantor, and that the Grantee will enjoy quiet and peaceful possession against the Grantor and Grantor's heirs and assignees.

A Bargain and Sale Deed differs from a Statutory Warranty Deed in that the Grantor limits the scope of warranty so that they only include encumbrances created, permitted or suffered by the Grantor, and not those of prior owners.  The Bargain and Sale Deed is typically given by an estate, trustee in bankruptcy or a lender who has acquired title through foreclosure.

3.  Quit Claim Deed (RCW 64.04.050).  The Quit Claim Deed conveys, without warranty, all of the Grantor's right, title and interest in the described property.  In short, it conveys whatever interest the Grantor held, which could be no interest at all.

Information provided by Dale Galvin of Galvin Realty Law Group
Contact for more information:  425-248-2163 / dgalvin@grlg.net