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.
RCW 64.04.040
Bargain and sale deed—Form and effect.
Applied in 6 court decisions — leading case 91 Wash. 2d 48 - Washington State Bar Ass'n v. Great Western Union Federal Savings & Loan Ass'n (1978)
Most recently applied in Graham v. Findahl (July 2004)
2016 c 202 s 38; 2012 c 117 s 187; 1929 c 33 s 10; RRS s 10553
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.