Washington Real Estate Legal Questions

The term that you are looking for is "Quit" claim, not "Quick" claim.  The reason I mention this is that this is a very common mistake.  People think that it is a quick way to accomplish a property transfer.  It is no easier or less costly than using the proper form, a general warranty deed form. With a quit claim deed, they are literally "quitting" any claim they have in the property, if any, to you.  The problem is that if you use this form and there was some problem with title before the 3 of you took title, the quit claim deed would destroy any title insurance coverage that you had. Using a warranty or general warranty deed they are warranting that they have good title to the property.  If it turns out that they don't because of some title issue from the past, they will have breached that warranty and you will be able to make a claim against them.  Of course, they will turn around and tender that claim to the previous title insurance company to hire and pay the lawyers to make it right. I recommend that you find a local real estate lawyer on Lawyers.com.  The cost to select and prepare a proper deed is minimal and the cost of filing will be the same if you do it with or without the help of an attorney.  There may be a tax on real estate transfers in Washington.  There is such a tax here in Ohio, but we have an exemption form if the transfer is between husband and wife or parent and child.  A real estate lawyer should know if there is a tax and if there is an exemption.... Read More

You don't need a real estate agent, but you do need a real estate attorney to handle the matter.  The deed does not need inspecting, but the title history will probably need to be examined, particularly if the buyer is to borrow the purchase proceeds.  The lender will almost certainly require a policy of title insurance be issued on the property a condition to making the loan.  You should agree with the buyer about the need to reserve rights to the well (and by that I assume you live on adjoining property), and be sure your closing attorney understands the need to reserve those rights.  As you do that, I strongly recommend that you agree with the buyer that you will share in the costs of repairs and maintenance to the well, the well motor/equipment and the pipes delivering the water.  You will need an easement to any portion of the piping and equipment that lies on the property being sold but that will serve your property.... Read More