A Washington bargain and sale deed records a real estate transaction and warrants that the title has not been conveyed to or encumbered by a third party since the seller acquired the premises. This type of deed would generally be called a “special warranty deed” in other states.
A bargain and sale deed holds the seller (referred to as the “grantor”) liable if unexpected encumbrances arise after the deed has been executed; however, they won’t be responsible if the encumbrance was made before they held title. Unlike general warranty deeds, bargain and sale deeds are used when the grantor is unwilling to assume liability for issues caused or suffered by other owners, as would be the case in the sale of some commercial or foreclosed real estate.
- Statutes: § 64.04.040
- Formatting: § 65.04.045, § 64.32.120, § 65.04.048
- Signing Requirements (§ 64.03.020): Notary Public
- Where to Record (§ 65.08.070): County Recorder’s Office (Court Directory)
- Recording Fees (King County Recorder’s Office): $203.50 for the first page + $1 for each additional page
- Cover Sheet (§ 65.04.047): The first page or a cover sheet affixed to the instrument presented for filing must include the information outlined in § 65.04.045. Counties may prescribe a cover sheet provided by their recorder’s office (see Pierce County).
- Property Disclosure Statement (§ 64.06.020 & § 64.06.030): For disclosing a property’s condition, including any defects that may deter a buyer.