Title 64, Title 64 REAL PROPERTY AND CONVEYANCES
22 chapters · 528 sections in this title.
RCW 64.04.005 Liquidated damages—Earnest money deposit—Exclusive remedy—Definition.
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(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 purc…
RCW 64.04.007 Owner-occupied real property—Release of security interest—Outstanding debt—Notice to borrower—Definition.
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(1) If the beneficiary or mortgagee, or its assignees, of debt secured by owner-occupied real property intends to release its deed of trust or mortgage in the real property for less than full payment of the secured debt, it shall provide upon its first written notice to the borro…
RCW 64.04.010 Conveyances and encumbrances to be by deed.
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Every conveyance of real estate, or any interest therein, and every contract creating or evidencing any encumbrance upon real estate, shall be by deed: PROVIDED, That (1) leases do not require acknowledgment, witness, or seals, but to be recorded, a lease and a memorandum of leas…
RCW 64.04.020 Requisites of a deed.
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Every deed shall be in writing, signed by the party bound thereby, and acknowledged by the party before some person authorized by *this act to take acknowledgments of deeds.[ 1929 c 33 s 2; RRS s 10551. Prior: 1915 c 172 s 1; 1888 p 50 s 2; 1886 p 177 s 2; Code 1881 s 2312; 1854 …
RCW 64.04.030 Warranty deed—Form and effect.
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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 i…
RCW 64.04.040 Bargain and sale deed—Form and effect.
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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 conve…
RCW 64.04.050 Quitclaim deed—Form and effect.
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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 desc…
RCW 64.04.055 Deeds for conveyance of apartments under horizontal property regimes act.
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All deeds for the conveyance of apartments as provided for in chapter 64.32 RCW shall be substantially in the form required by law for the conveyance of any other land or real property and shall in addition thereto contain the contents described in RCW 64.32.120.[ 1963 c 156 s 29…
RCW 64.04.060 Word "heirs" unnecessary.
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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 val…
RCW 64.04.070 After acquired title follows deed.
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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 …
RCW 64.04.090 Private seals abolished.
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The use of private seals upon all deeds, mortgages, leases, bonds, and other instruments, and contracts in writing, including deeds from a husband to his wife and from a wife to her husband for their respective community right, title, interest or estate in all or any portion of t…
RCW 64.04.100 Private seals abolished—Validation.
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All deeds, mortgages, leases, bonds and other instruments and contracts in writing, including deeds from a husband to his wife and from a wife to her husband for their respective community right, title, interest or estate in all or any portion of their community real property, wh…
RCW 64.04.105 Corporate seals—Effect of absence from instrument.
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The absence of a corporate seal on any deed, mortgage, lease, bond or other instrument or contract in writing shall not affect its validity, legality or character in any respect.[ 1957 c 200 s 1.]
RCW 64.04.130 Interests in land for purposes of conservation, protection, preservation, etc.—Ownership by certain entities—Conveyances—Definitions.
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A development right, easement, covenant, restriction, or other right, or any interest less than the fee simple, to protect, preserve, maintain, improve, restore, limit the future use of, or conserve for open space purposes, any land or improvement on the land, whether the right o…
RCW 64.04.135 Criteria for monitoring historical conformance not to exceed those in original donation agreement—Exception.
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The criteria for monitoring historical conformance shall not exceed those included in the original donation agreement, unless agreed to in writing between grantor and grantee.[ 1987 c 341 s 4.]
RCW 64.04.140 Legislative declaration—Solar energy systems—Solar easements authorized.
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The legislature declares that the potential economic and environmental benefits of solar energy use are considered to be in the public interest; therefore, local governments are authorized to encourage and protect access to direct sunlight for solar energy systems. The legislatur…
RCW 64.04.150 Solar easements—Definitions.
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(1) As used in this chapter:(a) "Solar energy system" means any device or combination of devices or elements which rely upon direct sunlight as an energy source, including but not limited to any substance or device which collects sunlight for use in:(i) The heating or cooling of …
RCW 64.04.160 Solar easements—Creation.
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A solar easement created under this chapter may only be created by written agreement. Nothing in this chapter shall be deemed to create or authorize the creation of an implied easement or a prescriptive easement.[ 1979 ex.s. c 170 s 14.]Notes:Severability—1979 ex.s. c 170: See no…
RCW 64.04.170 Interference with solar easement—Remedies.
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In any action for interference with a solar easement, if the instrument creating the easement does not specify any appropriate and applicable remedies, the court may choose one or more remedies including but not limited to the following:(1) Actual damages as measured by increased…
RCW 64.04.175 Easements established by dedication—Extinguishing or altering.
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Easements established by a dedication are property rights that cannot be extinguished or altered without the approval of the easement owner or owners, unless the plat or other document creating the dedicated easement provides for an alternative method or methods to extinguish or …
RCW 64.04.180 Railroad properties as public utility and transportation corridors—Declaration of availability for public use—Acquisition of reversionary interest.
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Railroad properties, including but not limited to rights-of-way, land held in fee and used for railroad operations, bridges, tunnels, and other facilities, are declared to be suitable for public use upon cessation of railroad operations on the properties. It is in the public inte…
RCW 64.04.190 Public utility and transportation corridors—Defined.
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Public utility and transportation corridors are railroad properties (1) on which railroad operations have ceased; (2) that have been found suitable for public use by an order of the Interstate Commerce Commission of the United States; and (3) that have been acquired by purchase, …
RCW 64.04.200 Existing rate or charge for energy conservation—Seller's duty to disclose.
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Prior to closing, the seller of real property subject to a rate or charge for energy conservation measures, services, or payments provided under a tariff approved by the utilities and transportation commission pursuant to RCW 80.28.065 shall disclose to the purchaser of the real …
RCW 64.04.210 Requests for notice of transfer or encumbrance—Disclosure—Notice to department of social and health services.
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(1) If the department of social and health services has filed a request for notice of transfer or encumbrance under RCW 43.20B.750:(a) A title insurance company or agent that discovers the presence of a request for notice of transfer or encumbrance when performing a title search …
RCW 64.04.220 Handling of earnest money—Definitions—Notice from holder—Interpleader action, forms—Application.
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(1) As used in this section:(a) "Day" means calendar day.(b) "Earnest money" means money placed with a holder by a prospective buyer of residential real property to show a good-faith intention to perform pursuant to an executed purchase and sale agreement.(c) "Holder" means the p…
RCW 64.06.005 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Commercial real estate" has the same meaning as in RCW 60.42.005.(2) "Improved residential property," "unimproved residential property," and "commercial real estate" d…
RCW 64.06.010 Application—Exceptions for certain transfers of real property.
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This chapter does not apply to the following transfers of real property:(1) A foreclosure or deed-in-lieu of foreclosure;(2) A gift or other transfer to a parent, spouse, domestic partner, or child of a transferor or child of any parent, spouse, or domestic partner of a transfero…
RCW 64.06.013 Commercial real estate—Seller's duty—Format of disclosure statement—Minimum information.
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(1) In a transaction for the sale of commercial real estate, the seller shall, unless the buyer has expressly waived the right to receive the disclosure statement under RCW 64.06.010, or unless the transfer is otherwise exempt under RCW 64.06.010, deliver to the buyer a completed…
RCW 64.06.015 Unimproved residential real property—Seller's duty—Format of disclosure statement—Minimum information.
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(1) In a transaction for the sale of unimproved residential real property, the seller shall, unless the buyer has expressly waived the right to receive the disclosure statement under RCW 64.06.010, or unless the transfer is otherwise exempt under RCW 64.06.010, deliver to the buy…
RCW 64.06.020 Improved residential real property—Seller's duty—Format of disclosure statement—Minimum information.
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(1) In a transaction for the sale of improved residential real property, the seller shall, unless the buyer has expressly waived the right to receive the disclosure statement under RCW 64.06.010, or unless the transfer is otherwise exempt under RCW 64.06.010, deliver to the buyer…
RCW 64.06.021 Notice regarding sex offenders.
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The notice regarding sex offenders under RCW 64.06.020 does not create any legal duty on the part of the seller, or on the part of any real estate licensee, to investigate or to provide the buyer with information regarding the actual presence, or lack thereof, of registered sex o…
RCW 64.06.022 Disclosure of possible proximity to farm or working forest.
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A seller of residential real property shall make available to the buyer the following statement: "This notice is to inform you that the real property you are considering for purchase may lie in close proximity to a farm or working forest. The operation of a farm or working forest…
RCW 64.06.030 Delivery of disclosure statement—Buyer's options—Time frame.
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Unless the buyer has expressly waived the right to receive the disclosure statement, not later than five business days or as otherwise agreed to, after mutual acceptance of a written agreement between a buyer and a seller for the purchase and sale of residential real property, th…
RCW 64.06.040 After delivery of disclosure statement—Additional information—Seller's duty—Buyer's options—Closing the transaction.
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(1) If, after the date that a seller of real property completes a real property transfer disclosure statement, the seller learns from a source other than the buyer or others acting on the buyer's behalf such as an inspector of additional information or an adverse change which mak…
RCW 64.06.050 Error, inaccuracy, or omission in disclosure statement—Actual knowledge—Liability.
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(1) The seller shall not be liable for any error, inaccuracy, or omission in the real property transfer disclosure statement if the seller had no actual knowledge of the error, inaccuracy, or omission. Unless the seller has actual knowledge of an error, inaccuracy, or omission in…
RCW 64.06.060 Consumer protection act does not apply.
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The legislature finds that the practices covered by this chapter are not matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW.[ 1994 c 200 s 7.]
RCW 64.06.070 Buyer's rights or remedies.
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Except as provided in RCW 64.06.050, nothing in this chapter shall extinguish or impair any rights or remedies of a buyer of real estate against the seller or against any agent acting for the seller otherwise existing pursuant to common law, statute, or contract; nor shall anythi…
RCW 64.06.080 Seller and landlord disclosure requirement—Electronic notice by city or county.
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(1) Any ordinance, resolution, or policy adopted by a city or county that imposes a requirement on landlords or sellers of real property, or their agents, to provide information to a buyer or tenant pertaining to the subject property or the surrounding area is effective only afte…
RCW 64.06.090 Oil tank for heating—No cost insurance—Seller's notice.
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A seller of residential real property shall make available to the buyer the following statement: "This notice is to inform you that if the real property you are considering for purchase utilizes an oil tank for heating purposes, no cost insurance may be available from the polluti…
RCW 64.06.900 Effective date—1994 c 200.
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This act shall take effect on January 1, 1995.[ 1994 c 200 s 10.]
RCW 64.08.010 Who may take acknowledgments.
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Acknowledgments of deeds, mortgages and other instruments in writing, required to be acknowledged may be taken in this state before a justice of the supreme court, or the clerk thereof, or the deputy of such clerk, before a judge of the court of appeals, or the clerk thereof, bef…
RCW 64.08.020 Acknowledgments out of state—Certificate.
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Acknowledgments of deeds conveying or encumbering real estate situated in this state, or any interest therein, and other instruments in writing, required to be acknowledged, may be taken in any other state or territory of the United States, the District of Columbia, or in any pos…
RCW 64.08.040 Foreign acknowledgments, who may take.
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Acknowledgments of deeds conveying or encumbering real estate situated in this state, or any interest therein and other instruments in writing, required to be acknowledged, may be taken in any foreign country before any minister, plenipotentiary, secretary of legation, charge d'a…
RCW 64.08.050 Certificate of acknowledgment—Evidence.
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The officer, or person, taking an acknowledgment as in this chapter provided, shall certify the same by a certificate written upon or annexed to the instrument acknowledged and signed by him or her and sealed with his or her official seal, if any, and reciting in substance that t…
RCW 64.08.060 Form of certificate for individual.
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A certificate of acknowledgment for an individual, substantially in the following form or, after December 31, 1985, substantially in the form set forth in RCW 42.45.140(1), shall be sufficient for the purposes of this chapter and for any acknowledgment required to be taken in acc…
RCW 64.08.070 Form of certificate for corporation.
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A certificate of acknowledgment for a corporation, substantially in the following form or, after December 31, 1985, substantially in the form set forth in RCW 42.45.140(2), shall be sufficient for the purposes of this chapter and for any acknowledgment required to be taken in acc…
RCW 64.08.090 Authority of superintendents, business managers, and officers of correctional institutions to take acknowledgments and administer oaths—Procedure.
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The superintendents, associate and assistant superintendents, business managers, records officers, and camp superintendents of any correctional institution or facility operated by the state of Washington are hereby authorized and empowered to take acknowledgments on any instrumen…
RCW 64.08.100 Acknowledgments by persons unable to sign name.
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Any person who is otherwise competent but is physically unable to sign his or her name or make a mark may make an acknowledgment authorized under this chapter by orally directing the notary public or other authorized officer taking the acknowledgment to sign the person's name on …
RCW 64.12.010 Waste actionable.
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Wrongs heretofore remediable by action of waste shall be subjects of actions as other wrongs.[Code 1881 s 600; 1877 p 125 s 605; 1869 p 143 s 554; 1854 p 206 s 403; RRS s 937.]
RCW 64.12.020 Waste by guardian or tenant, action for.
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If a guardian, tenant in severalty or in common, for life or for years, or by sufferance, or at will, or a subtenant, of real property commit waste thereon, any person injured thereby may maintain an action at law for damages therefor against such guardian or tenant or subtenant;…