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10 Cards in this Set

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Conveyances & Encumbrances is to be by DEED
Every conveyance of real estate, or any interest therein, and every contract creating or evidencing any encumbrance upon real estate, shall be by deed
[Conveyances]

Requisites of Deeds
STATUTE OF FRAUDS

Every DEED must be
in WRITING (interest longer than 1yr),
(1)ID of Grantor & Grantee
(2) ID of LAND (clear & accurate descriptive)
(3) Words indicating TITLE (ex. pass title, deed over, sell, convey, etc...)
(4)Signature of GRANTOR (grantEE)

(*no date, price, or consideration is needed)
A forged deed is a NULLITY even in the hands of a BFP, and even if its RECORDED
[Conveyances]

WARRANTY DEEDS - Form & Effect

Warranty deeds for the conveyance of land may be substantially in the following form, without express covenants:


The grantor (here insert the name or names and place or residence) for and in consideration of (here insert consideration) in hand paid, conveys and warrants to (here insert the grantee's name or names) the following described real estate (here insert description), situated in the county of . . . . . ., state of Washington. Dated this . . . . day of . . . . . ., 19. . .
Every deed in substance in the above form, when otherwise duly executed, shall be deemed and held a conveyance in fee simple to the grantee, his heirs and assigns, with covenants on the part of the grantor: (1) That at the time of the making and delivery of such deed he was lawfully seized of an indefeasible estate in fee simple, in and to the premises therein described, and had good right and full power to convey the same; (2) that the same were then free from all encumbrances; and (3) that he warrants to the grantee, his heirs and assigns, the quiet and peaceable possession of such premises, and will defend the title thereto against all persons who may lawfully claim the same, and such covenants shall be obligatory upon any grantor, his heirs and personal representatives, as fully and with like effect as if written at full length in such deed.
[Conveyances]

BARGAIN & SALE DEED — Form & Effect.

Bargain and sale deeds for the conveyance of land may be substantially in the following form, without express covenants:


The grantor (here insert name or names and place of residence), for and in consideration of (here insert consideration) in hand paid, bargains, sells and conveys to (here insert the grantee's name or names) the following described real estate (here insert description) situated in the county of . . . . . ., state of Washington. Dated this . . . . day of . . . . . ., 19. . .
Every deed in substance in the above form when otherwise duly executed, shall convey to the grantee, his heirs or assigns an estate of inheritance in fee simple, and shall be adjudged an express covenant to the grantee, his heirs or assigns, to wit: That 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.
[Conveyances]

QUITCLAIM DEED — Form & Effect.

Quitclaim deeds may be in substance in the following form:


The grantor (here insert the name or names and place of residence), for and in consideration of (here insert consideration) conveys and quitclaims to (here insert grantee's name or names) all interest in the following described real estate (here insert description), situated in the county of . . . . . ., state of Washington. Dated this . . . . day of . . . . . ., 19. . .
Every deed in substance in the above form, when otherwise duly executed, shall be deemed and held a good and sufficient conveyance, release and quitclaim to the grantee, his heirs and assigns in fee of all the then existing legal and equitable rights of the grantor in the premises therein described, but shall not extend to the after acquired title unless words are added expressing such intention.
[Conveyances]

Word "heirs" unnecessary.
The term "heirs", or other technical words of inheritance, shall not be necessary to create and convey an estate in fee simple. All conveyances heretofore made omitting the word "heirs", or other technical words of inheritance, but not limiting the estate conveyed, are hereby validated as and are declared to be conveyances of an estate in fee simple.
[Conveyances]

After acquired title follows deed.
Whenever any person or persons having sold and conveyed by deed any lands in this state, and who, at the time of such conveyance, had no title to such land, and any person or persons who may hereafter sell and convey by deed any lands in this state, and who shall not at the time of such sale and conveyance have the title to such land, shall acquire a title to such lands so sold and conveyed, such title shall inure to the benefit of the purchasers or conveyee or conveyees of such lands to whom such deed was executed and delivered, and to his and their heirs and assigns forever. And the title to such land so sold and conveyed shall pass to and vest in the conveyee or conveyees of such lands and to his or their heirs and assigns, and shall thereafter run with such land.
[Conveyances]

Purchaser of community real property protected by record title.
Whenever any person, married or single, having in his or her name the legal title of record to any real estate, shall sell or dispose of the same to an actual bona fide purchaser, a deed of such real estate from the person holding such legal record title to such actual bona fide purchaser shall be sufficient to convey to, and vest in, such purchaser the full legal and equitable title to such real estate free and clear of any and all claims of any and all persons whatsoever, not appearing of record in the auditor's office of the county in which such real estate is situated.
Title 64 RCW

Real property and conveyances
64.04 Conveyances.

64.06 Residential real property transfers -- Seller's disclosures.

64.08 Acknowledgments.

64.12 Waste and trespass.

64.16 Alien land law.

64.20 Alienation of land by Indians.

64.28 Joint tenancies.

64.32 Horizontal property regimes act (Condominiums).

64.34 Condominium act.

64.35 Condominiums -- Qualified warranties.

64.36 Timeshare regulation.

64.38 Homeowners' associations.

64.40 Property rights -- Damages from governmental actions.

64.44 Contaminated properties.

64.50 Construction defect claims.

64.55 Construction defect disputes--Multiunit residential buildings.
Conveyances (64)

Liquidated damages -- Earnest money deposit -- Exclusive remedy -- Definition.
1) A provision in a written agreement for the purchase and sale of real estate which provides for liquidated damages or the forfeiture of an earnest money deposit to the seller as the seller's sole and exclusive remedy if a party fails, without legal excuse, to complete the purchase, is valid and enforceable, regardless of whether the other party incurs any actual damages. However, the amount of liquidated damages or amount of earnest money to be forfeited under this subsection may not exceed five percent of the purchase price.