Wash. Rev. Code » Title 64 · Chapter 64.04

Wash. Rev. Code § 64.04.040

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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 . . . . . ., (year) . . . .
Every deed in substance in the above form when otherwise duly executed, shall convey to the grantee, his or her heirs or assigns an estate of inheritance in fee simple, and shall be adjudged an express covenant to the grantee, his or her 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 or her heirs and assigns, unless limited by express words contained in such deed; and the grantee, his or her heirs, executors, administrators, and assigns may recover in any action for breaches as if such covenants were expressly inserted.
[ 2016 c 202 s 38; 2012 c 117 s 187; 1929 c 33 s 10; RRS s 10553. Prior: 1886 p 178 s 4.]
Notes of Decisions
Cited in 7 cases, 1953–2017 · leading case: Washington State Bar Ass'n v. Great Western Union Federal Savings & Loan Ass'n
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Washington State Bar Ass'n v. Great Western Union Federal Savings & Loan Ass'n (1978) wash · cites it 2× “030, RCW 64.04.040, and RCW 64.04.050, to which the Defendant is not a party and whether or not a fee is charged of the parties thereto, and mortgages, deeds of trust, promissory notes or agreements modifying such documents to which the Defendant Great Western is a party and…”
Roeder Co. v. K & E Moving & Storage Co. (2000) washctapp “RCW 64.04.040 provides that a deed modeled on the bargain and sale form "shall convey to the grantee, his heirs or assigns an estate of inheritance in fee simple.”
Roeder Co. v. K&E Moving & Storage Co. (2000) washctapp “RCW 64.04.040 provides that a deed modeled on the bargain and sale form “shall convey to the grantee, his heirs or assigns an estate of inheritance in fee simple .”
Erickson v. Wahlheim (1958) wash · cites it 2× “070], which declares if a person without title conveys property by deed and thereafter acquires title, the after-acquired title passes to the grantee.”
Wright v. Olsen (1953) wash “RCW 64.04.040 [cf. Rem. Rev. Stat. § 10553].”
Graham v. Findahl (2004) washctapp “This language is substantially like that of a bargain and sale deed, as described in RCW 64.04.040, and unlike that of a warranty deed (RCW 64.”
Selene RMOF II Reo Acquisitions II, LLC v. Ward (2017) wash “" See RCW 64.04.040 (bargain and sale deed convey's grantor's entire interest "in fee simple").”
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