While browsing through a few deeds in the Dover, NH area, I came across this CYA paragraph in a warranty deed:
"This deed was prepared by Walker & Varney, P.C. from information supplied by the grantor,
and at the request of the grantor no independent title examination was undertaken nor did the
preparer otherwise verify the accuracy of the representations contained herein, nor provide
advice regarding the estate, gift, income, transfer, business profits, or other tax consequences
thereof, if any."
Now, I could imagine seeing something like this on a quitclaim, but a warranty deed??ÿ Am I missing something?
Kevin
I don't think you're missing anything.?ÿ It does make me wonder what's the "real" story behind the note.?ÿ It could be just that Walker & Varney are accustomed and comfortable being provided recent title opinions and in this case the client didn't feel that need.?ÿ
There are a few instances where I guess I could understand the placement of?ÿsuch a note however.?ÿ One that comes to mind would be if there was any sort of evidence the grantor stated in the WD only possessed a portion of the rights, title and interest to the subject property.?ÿ Or if title to the property was clouded or in the process of being contested or perfected.?ÿ If this were the case I agree that a QCD might well be more appropriate.?ÿ At any rate granting a warranting title to property places a good deal (all)?ÿof responsibility on the grantor.
?ÿ
Does anyone have any knowledge of a claim being made and won against the grantor of a warranty deed by a grantee?
Now, I could imagine seeing something like this on a quitclaim, but a warranty deed??ÿ Am I missing something?
It's the property owner who does the warranty-ing in a warranty deed, not the surveyor.?ÿ?ÿ
My interpretation is that Walker & Varney, P.C. did not in fact survey said parcel.
Paul in PA
My interpretation is that Walker & Varney, P.C. did not in fact survey said parcel.
Paul in PA
I would hope not ??ÿ
Walker and Varney are not surveyors. The "warranty"?ÿ part of a warranty deed is a warranty?ÿ from the grantor to the grantee. This statment is an attempt by a third party, the attorney, to avoid any liability.?ÿ So its just a appropriate (or inappropriate) on a warranty deed as a quite claim.?ÿ
I can see why the preparer might want the title search disclaimer if they felt someone might come back on them for problems.?ÿ
But the deed is NOT the place for the tax advice disclaimer.
We have a local surveyor named Varney.
We have a local surveyor named Varney.
We have a local surveyor named Varney.
Who's ethics?ÿwere,?ÿat best,?ÿsomewhat?ÿsmamry
He'd move client's pins
For a couple of tens
Until the?ÿlawsuits came in like a tsunami
?ÿ