Edmonson v. Popchoi

¶1 A statutory warranty deed incorporates the covenants defined in RCW 64.04.030. Csaba Kiss appeals the trial court’s decision that he breached these covenants by conditioning acceptance of a defense tender upon his grantee’s acknowledgement of his absolute right to settle a third party’s adverse claim and pay his grantee damages. He also claims that his grantee waived these covenants by failing to disclose information about the adverse claim that the grantee acquired before closing. We affirm, holding that Kiss breached his duty to defend by demanding the right to settle based solely upon…