Deeds – A General Overview

While Oregon and Washington statutes do not mandate the use of specific language or forms of deed when real property is bought and sold, each state does provide statutory forms, which if utilized, control what if any warranties (guarantees) are extended, as well as exactly what the seller (Grantor) is selling to the Buyer (Grantee)

While use of these statutory forms of deed is not mandatory, they have become the default forms for the majority of transactions.

Warranty Deed

This is the most common type of deed used and is often referred to as a Statutory Warranty Deed. Not only does the deed transfer all of the grantor’s right, title, and interest in the property, but it also extends the following warranties:

  1. The Grantor owns the property in fee simple;
  2. The Grantor has the right to sell the property;
  3. The property is free from encumbrances – except for those specifically reserved in the deed;
  4. The Grantee is entitled to quiet and peaceable possession of the property (i.e. no one else has the right to possess the property or lawfully remove the Grantee); and
  5. The Grantor will defend the title against all persons who may lawfully claim it.

 

Bargain and Sale Deed – Washington/Statutory Special Warranty Deed – Oregon

In contrast to a Warranty Deed, a Washington Bargain and Sale Deed, known as a Statutory Special Warranty Deed in Oregon, limits the Grantor’s potential liability by limiting the scope of the warranties given. A Bargain and Sale Deed will convey all of Grantor’s right, title, and interest in the property, as well as extend the following warranties:

  1. The Grantor owns the property in fee simple; and
  2. That there are no encumbrances arising by or through Grantor and that Grantee will enjoy quiet and peaceful possession against the Grantor.

 

Bargain and Sale Deed – Oregon

In contrast to the two warranties contained in the Washington Bargain and Sale Deed, an Oregon Bargain and Sale Deed only operates to pass “the entire interest in the described property which the deed purports to convey.” Oregon statute specifically states that “A bargain and sale deed shall not operate to provide any covenants of title in the grantee and the successors of the grantee.” These deeds may be described as a Super Quit Claim Deed.

 

Quit Claim Deed

The point to note with these deeds is that the Grantor makes no representation as to ownership, rather, the Grantor is conveying “whatever title or interest” that the Grantor has in the property.

Because Quit Claim deeds do not contain warranties, their use should generally be limited to release or remove a cloud on a title or encumbrance.

 

 

This blog post is offered for general information and educational purposes only. It is not offered as legal advice and does not constitute legal advice or opinion. Although I intend to keep this information current, I do not promise or guarantee that the information is correct, complete, or up-to date. You should not act or reply upon the information in this post without seeking the advice of an attorney.

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