Washington Bargain and Sale Deed

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A bargain and sale deed is a conveyance of property rights wherein the grantor (owner) guarantees to the grantee (buyer) that during the time the grantor owned the real estate, he/she did nothing to cloud the title to the property.

In Washington, statutory bargain and sale deeds are governed by RCW 64.04.040. The statute defines the covenant to the grantee this way: "the grantor was seized of an indefeasible estate in fee simple, free from encumbrances, done or suffered from the grantor, except the rents and services that may be reserved, and also for quiet enjoyment against the grantor, his heirs and assigns, unless limited by express words contained in such deed; and the grantee, his heirs, executors, administrators and assigns may recover in any action for breaches as if such covenants were expressly inserted."

As with other deeds in Washington, record an executed bargain and sale deed at the recorder's office located in the same county as the land. Recording is the essential final step in land sales -- presenting the deed for entry into the public record keeps the property's chain of title updated and provides notice to any potential buyers about the change in ownership.

(Washington B&SD Package includes form, guidelines, and completed example)

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