A deed is the instrument used to transfer ownership of real property. Different deeds provide different levels of title protection (warranty) for the buyer (grantee).
Statutory Warranty Deed (General Warranty Deed): Washington's standard residential deed. RCW 64.04.030 creates a "statutory warranty deed" that implies standard covenants of warranty by operation of law when the deed uses the words "conveys and warrants." The grantor warrants title against ALL claims, regardless of when those claims arose — including defects that predate the grantor's ownership. This is the broadest protection and is standard in most residential transactions.
Special Warranty Deed (Limited Warranty Deed): The grantor warrants title only against claims arising DURING the grantor's period of ownership, not against pre-existing defects. Common in foreclosure sales, estate sales, and commercial transactions where the grantor has limited knowledge of the full title history.
Bargain and Sale Deed: Conveys the grantor's interest without any warranty of title. The grantor is saying "I deed you whatever I have" but makes no promise about quality. Common in foreclosure sales, estate sales, and inter-entity transfers.
Quitclaim Deed: Conveys whatever interest the grantor has (which may be zero) with no warranties. Used primarily to clear clouds on title — resolving disputed interests, removing a former spouse from title, correcting errors. Does not guarantee the grantor has any interest at all.
Washington follows the race-notice recording doctrine. Between two competing claimants to the same property, the winner is the party who: 1. Recorded first, AND 2. Paid value WITHOUT notice of the prior competing interest
The "notice" component is critical:
A subsequent purchaser who had any of these three forms of notice cannot win the race even by recording first — the race-notice doctrine protects only a subsequent purchaser who paid value without notice.
Real-world example: Seller Smith sells Lot 7 to Buyer A on January 1st. Buyer A fails to record the deed. On February 1st, Smith sells the same Lot 7 to Buyer B (who has no knowledge of Buyer A's purchase). Buyer B records immediately. In Washington, Buyer B wins — they paid value AND recorded first AND had no notice of Buyer A's prior interest. Buyer A, by failing to record, lost the protection of the recording system.
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Quiz Questions:
Q1. A Washington buyer purchases a home using a statutory warranty deed. Two years later, a forged deed in the chain of title from 30 years before the seller's ownership surfaces. Under the statutory warranty deed, who bears the risk?
A) The buyer, because the defect arose long before the seller owned the property B) The seller (grantor), because a statutory warranty deed warrants against ALL claims, including those from before the grantor's ownership C) The title insurance company only; the grantor has no liability for pre-ownership defects D) No one; statutes of limitations extinguish claims that old
Answer: B — A statutory warranty deed (general warranty deed) warrants against all claims regardless of when they arose. This is what distinguishes it from a special warranty deed. The grantor is liable to the grantee for any title defect, even one the grantor was completely unaware of.
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Q2. A bank acquires a property through foreclosure and sells it to an investor. The bank wants to limit its warranty exposure because it has limited knowledge of the property's title history. Which deed type is most appropriate?
A) Statutory warranty deed B) Special warranty deed or bargain and sale deed C) Quitclaim deed D) General warranty deed
Answer: B — Banks, estate executors, and others who lack full knowledge of title history typically use special warranty deeds (warranting only against claims from their period of ownership) or bargain and sale deeds (no warranty). They would not use a general/statutory warranty deed because they cannot stand behind claims they know nothing about.
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Q3. A divorced couple needs to remove the ex-wife's name from the title of a property she no longer has any claim to, following a divorce decree. Which deed type is most appropriate?
A) Statutory warranty deed B) Special warranty deed C) Bargain and sale deed D) Quitclaim deed
Answer: D — A quitclaim deed is used to "quit" whatever claim the grantor may have — releasing any interest, however large or small. It is the standard instrument for removing a party from title when there is no sale involved, such as after a divorce. The ex-wife quitclaims any interest she may have to her ex-husband, clearing the title.
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Q4. Under Washington's race-notice recording act, which party prevails in a dispute between two buyers of the same property?
A) The party who paid the higher purchase price B) The party who signed the deed first C) The party who recorded first AND paid value without notice of the prior competing interest D) The party who has physical possession of the property
Answer: C — Washington's race-notice doctrine requires BOTH elements: first to record AND no prior notice of the competing interest. A subsequent purchaser who records first but had actual knowledge of a prior unrecorded sale does NOT prevail — knowledge defeats the race.
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Q5. A buyer is considering purchasing property on which there is a recorded easement for a neighbor's driveway. The buyer's agent did not mention the easement. The buyer claims they had no knowledge. Under Washington recording law, is the buyer deemed to have notice of the easement?
A) No, because the buyer's agent did not disclose it and the buyer had no actual knowledge B) Yes, the buyer has constructive notice — a properly recorded easement gives all subsequent purchasers legal notice, whether or not they actually read the record C) No, because easements must be physically visible on the property to bind subsequent purchasers D) Yes, but only if the easement was recorded less than 10 years before the purchase
Answer: B — Constructive notice is imputed by the public recording system. A properly recorded easement puts all subsequent purchasers on constructive notice — they are legally presumed to know about it even if they never searched the title. This is why buyers should always obtain a title search before purchasing.