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Bargain-and-sale deed

National Real Estate Exam glossary · Transfer Of Title

Definition

A deed that implies the grantor holds title and possession but contains no express warranties protecting the grantee against defects. It conveys the property as is with respect to title; a covenant against the grantor's own acts may be added (bargain-and-sale with covenant), but the bare form offers the grantee little protection.

Bargain-and-sale deed in plain English

A deed is the piece of paper that legally hands a property from one person (the seller, called the grantor) to another (the buyer, the grantee). Some deeds come with promises — 'I swear I truly own this and no one else has a claim on it.' A bargain-and-sale deed hints that the seller owns the place but makes NO such promises, so if a hidden problem pops up later (like an old unpaid debt attached to the house), the buyer is stuck with it. It's like buying a used bike from someone who says 'here you go' but won't guarantee it isn't secretly stolen — you get it 'as is.' A stronger version can add one small promise (the seller didn't personally mess up the title), but the plain form protects the buyer very little.

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