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Transfer of Title term

Bargain and Sale Deed

A deed implying the grantor holds title but providing no express warranties against defects.

Why Bargain and Sale Deed matters on the exam

This term belongs to Transfer of Title. The questions below are real items from Freehold's bank that use it - each one cites its source.

Exam questions using Bargain and Sale Deed

Every Freehold question shows why the right answer is right — and cites its source.

Which deed provides the buyer with the greatest protection?

  1. General warranty deed
  2. Special warranty deed
  3. Bargain and sale deed
  4. Quitclaim deed
Show answer & explanation

General warranty deed — A general warranty deed contains the fullest covenants, warranting title against defects arising at any time, even before the grantor owned the property. Other deed types progressively limit or eliminate these warranties.

Source: PSI National Real Estate Exam Content Outline §9 Transfer of Title

Which deed contains warranties from the grantor that cover only the period during which the grantor owned the property, not before?

  1. General warranty deed
  2. Special warranty deed
  3. Quitclaim deed
  4. Bargain and sale deed
Show answer & explanation

Special warranty deed — A special warranty deed warrants title only against defects or encumbrances that arose during the grantor's own period of ownership, unlike a general warranty deed which covers the entire history of the property.

Source: PSI National Real Estate Exam Content Outline §9 Transfer of Title

A bargain and sale deed differs from a quitclaim deed in that it:

  1. Guarantees that the property being conveyed is entirely free of all liens and encumbrances of record
  2. Conveys only a leasehold interest in the property rather than a fee simple interest in the land
  3. Requires prior court approval before the deed itself may be validly delivered to the grantee
  4. Implies the grantor holds title to the property, even though it contains no express warranties
Show answer & explanation

Implies the grantor holds title to the property, even though it contains no express warranties — A bargain and sale deed implies the grantor has some ownership interest to convey, unlike a quitclaim deed, which conveys only whatever interest the grantor may or may not actually possess.

Source: PSI National Real Estate Exam Content Outline §9 Transfer of Title

Related Transfer of Title terms

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