How to Read a Preliminary Title Commitment in Washington (2026)

Short answer: A few days after your offer is accepted, the title company sends a preliminary commitment. It’s an offer to insure your title, followed by a list of things the policy won’t cover. Washington law says it’s not an abstract and not a statement about the condition of title. Read the exceptions, ask for a copy of every recorded document they mention, and raise anything that affects how you’ll use the property before your title review deadline.

What the commitment is, and what it isn’t

RCW 48.29.010 defines a “preliminary report,” “commitment,” or “binder” as a report furnished with an application for title insurance that offers to issue a title policy subject to the exceptions stated in it, its conditions and stipulations, and anything incorporated by reference. The same section says these reports are not abstracts of title and not a representation as to the condition of the title.

In plain terms: the commitment is the title company telling you what it will insure and what it won’t. Items it lists as exceptions stay your problem unless they’re removed or resolved before closing.

The Washington State Office of the Insurance Commissioner describes what title insurance is for: proving the seller has legal authority to sell, making sure there are no liens, and protecting you against problems such as prior forgeries, mistakes in legal documents, and someone later challenging your ownership. The OIC also tells buyers to ask their title insurance provider about any exclusions in the policy.

Lender’s policy vs. owner’s policy

Most commitments cover two policies. The CFPB says lender’s title insurance is usually required for a mortgage and protects the lender, not your equity. An owner’s policy protects you if someone later claims an interest in the home from before you bought it, such as a prior owner’s unpaid taxes or a contractor who says they weren’t paid.

The OIC says an owner’s policy is for the full price you paid, that most sellers generally pay for it in Washington, and that you pay the premium once, at closing. It also notes the final choice of title company is yours, even when a lender recommends one. Who pays in your deal is set by your purchase agreement.

Reading the exceptions

The exceptions list is where the useful information is. Each item usually names a recorded document by its recording number. Here’s what you’re likely to see and what to ask:

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This table is a reading guide, not legal advice. If an exception affects how you plan to use the property, talk with your agent and, if needed, a real estate attorney before your deadline.

Why recent work on the house matters

Washington’s construction lien law gives a contractor or supplier up to 90 days after they stop furnishing labor, materials or equipment to record a claim of lien (RCW 60.04.091). That means a lien for recent work might not be recorded yet when your commitment is prepared. If the seller had work done in the last few months, ask about it, and ask the title company how it handles that risk in your policy.

Why the recorded documents matter

Washington requires every conveyance of real estate, and every contract creating an encumbrance on it, to be by deed (RCW 64.04.010). Under RCW 65.08.070, a conveyance that isn’t recorded is void against a later good-faith purchaser whose conveyance is recorded first, and an instrument counts as recorded the minute it’s filed. That’s why the title search runs on the county’s recorded documents, and why your own deed gets recorded at closing.

You can look at the same records yourself:

• Snohomish County: the Auditor’s Recording Division has an online recorded documents search. Beginning March 2, 2026, a free account is required. You can search by name, document type, recording number, parcel ID or legal description, and preview unofficial copies. The county says most documents recorded since July 1976 are online; earlier ones are on microfilm.
• King County: the Recorder’s Office has an online records search. A parcel ID search only pulls documents from 1997 on; the page lists other ways to search, including by name and legal description. After you close, King County’s Recording Activity Notification System is a free service that emails you when a land records document matching your name is recorded.

Compare it with the seller disclosure

Washington’s seller disclosure statement (RCW 64.06.020) asks the seller title questions that line up with the commitment. Read them side by side:

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If the seller answered “no” and the commitment lists something, or the other way around, ask about it. RCW 64.06.020 currently has two versions on the Legislature’s site: one marked effective until January 1, 2027, and one effective January 1, 2027. The questions quoted here appear in both. If your listing runs across the new year, confirm which form you’re using when the disclosure is delivered.

Discriminatory covenants on older plats

Older subdivisions sometimes carry recorded covenants restricting who could own or live in a home based on race or another protected class. RCW 49.60.224 makes those provisions void, and Snohomish County notes they’ve been void in Washington since 1969. You don’t need to remove one to protect your rights. If you want it gone from the record, RCW 49.60.227 lets the owner, occupant, tenant or homeowners’ association board ask the superior court to strike it, and Snohomish County says it will record the court’s order for no fee. The disclosure form also mentions the free recording of a restrictive covenant modification document. Snohomish County has a page explaining the process.

Watch the title review deadline

Your purchase agreement sets how long you have to review the commitment and object, and what happens if an objection isn’t resolved. Missing that deadline can change your options. Our guides to contingencies, earnest money and the closing process in Washington explain how those dates fit into the rest of the transaction.

FAQ

What is a preliminary title commitment?

It’s the title company’s offer to issue a title insurance policy, subject to the exceptions, conditions and requirements listed in it. Washington law (RCW 48.29.010) calls preliminary reports, commitments and binders offers to insure, and says they are not abstracts of title.

Does a preliminary title report guarantee the title is clean?

No. Under RCW 48.29.010, a preliminary report or commitment is not a representation as to the condition of title. It tells you what the title company is willing to insure and what it’s leaving out. The exceptions list is the part to read closely.

Do I need an owner’s title policy if my lender already requires one?

The lender’s policy protects the lender up to the loan amount, not your equity. The CFPB and the Washington Insurance Commissioner’s office both say you’d need an owner’s policy to protect your own interest. The OIC notes that most sellers generally pay for the owner’s policy in Washington; your purchase agreement says who pays in your deal.

What should I do about an easement listed in the commitment?

Ask the title company for a copy of the recorded document, read what it allows and where it runs, and compare it with what you plan to do with the property. If it affects a fence, driveway, addition or the main use of the lot, raise it with your agent before your title review deadline.

The title report shows a discriminatory covenant. Does it apply to me?

No. Washington law (RCW 49.60.224) makes covenants that restrict ownership or occupancy by protected class void, and Snohomish County notes such covenants have been void since 1969. An owner can have the language struck through a superior court action under RCW 49.60.227, and the county will record the court’s order for no fee.

Talk it through with a local agent

Peter Kim and Odigo Real Estate Club can walk through a title commitment with you, flag the exceptions worth asking about, and keep your review deadlines on track, with 25+ years combined experience, 593+ closings, and 122 five-star Zillow reviews. See our home buying services.

Odigo Real Estate Club · REAL Brokerage, WA #112064 · 16108 Ash Way, Suite 201, Lynnwood, WA 98087 · (425) 409-3823 · Mon–Sat 9 AM–6 PM, closed Sunday

Sources

• Washington State Legislature, RCW 48.29.010 (definition of preliminary report, commitment or binder; not an abstract; not a representation as to the condition of title), https://app.leg.wa.gov/RCW/default.aspx?cite=48.29.010 , accessed Oct 30, 2026.
• Washington State Office of the Insurance Commissioner, Title insurance (what title insurance protects against; ask about exclusions; lender’s vs owner’s policy; most sellers generally pay for the owner’s policy; one-time premium at closing; your choice of company), https://www.insurance.wa.gov/insurance-resources/home-insurance/how-home-insurance-works/title-insurance , accessed Oct 30, 2026.
• Consumer Financial Protection Bureau, What is owner’s title insurance? (protects the owner against claims from before the purchase, such as unpaid taxes or unpaid contractors), https://www.consumerfinance.gov/ask-cfpb/what-is-owners-title-insurance-en-164/ , accessed Oct 30, 2026.
• Consumer Financial Protection Bureau, What is lender’s title insurance? (usually required; protects the lender, not your equity), https://www.consumerfinance.gov/ask-cfpb/what-is-lenders-title-insurance-en-163/ , accessed Oct 30, 2026.
• Washington State Legislature, RCW 60.04.091 (claim of lien must be recorded within 90 days after the claimant stops furnishing labor or materials), https://app.leg.wa.gov/RCW/default.aspx?cite=60.04.091 , accessed Oct 30, 2026.
• Washington State Legislature, RCW 64.04.010 (conveyances and encumbrances of real estate must be by deed), https://app.leg.wa.gov/RCW/default.aspx?cite=64.04.010 , accessed Oct 30, 2026.
• Washington State Legislature, RCW 65.08.070 (unrecorded conveyance void against a later good-faith purchaser who records first; recorded the minute it’s filed), https://app.leg.wa.gov/RCW/default.aspx?cite=65.08.070 , accessed Oct 30, 2026.
• Washington State Legislature, RCW 64.06.020 (seller disclosure statement form, including the title, water and sewer/on-site sewage system questions; version effective until Jan 1, 2027 and version effective Jan 1, 2027), https://app.leg.wa.gov/RCW/default.aspx?cite=64.06.020 , accessed Oct 30, 2026.
• Washington State Legislature, RCW 49.60.224 (discriminatory covenants are void), https://app.leg.wa.gov/RCW/default.aspx?cite=49.60.224 , accessed Oct 30, 2026.
• Washington State Legislature, RCW 49.60.227 (striking void covenant provisions through a superior court action; recording of the order), https://app.leg.wa.gov/RCW/default.aspx?cite=49.60.227 , accessed Oct 30, 2026.
• Snohomish County Auditor, Recording Division, Search Recorded Documents (online search, account required from March 2, 2026, search categories, pre-1976 records on microfilm), https://snohomishcountywa.gov/5840/Search-Recorded-Documents , accessed Oct 30, 2026.
• Snohomish County Auditor, Recording Division, Modify or Remove Restrictive Covenants (void since 1969; no need to remove to protect rights; superior court process; recording for no fee), https://snohomishcountywa.gov/5951/Modify-or-Remove-Restrictive-Covenants , accessed Oct 30, 2026.
• King County Recorder’s Office, Online records search (name, parcel and legal searches; parcel searches cover 1997 to current), https://kingcounty.gov/en/dept/executive-services/certificates-permits-licenses/records-licensing/recorders-office/records-search , accessed Oct 30, 2026.
• King County Recorder’s Office, Recording Activity Notification System (RANS) FAQ (free email notice when a land records document matching your name is recorded), https://kingcounty.gov/en/dept/executive-services/certificates-permits-licenses/records-licensing/recorders-office/records-search/rans-faq , accessed Oct 30, 2026.

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