The act of a grantor delivering a deed and the grantee accepting it, which is when title actually transfers.
Why Delivery and Acceptance 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 Delivery and Acceptance
Every Freehold question shows why the right answer is right — and cites its source.
Under the merger doctrine, when a buyer accepts the deed at closing:
The deed generally becomes void, and the original purchase contract controls each of the remaining terms from that point on
The contract's executory promises generally merge into the deed and are extinguished, except those intended to survive
The buyer loses all rights arising out of the transaction
The purchase contract remains fully enforceable on every term forever
Show answer & explanation
The contract's executory promises generally merge into the deed and are extinguished, except those intended to survive — The merger doctrine holds that, upon delivery and acceptance of the deed, most of the purchase contract's terms merge into the deed and are discharged, except for provisions the parties intended to survive closing.
Source: PSI National Real Estate Exam Content Outline §7 Contracts
Title to real property legally transfers when the deed is:
Signed by the grantor
Recorded at the courthouse
Delivered to and accepted by the grantee
Notarized by a public official
Show answer & explanation
Delivered to and accepted by the grantee — Title passes upon delivery and acceptance of the deed during the grantor's lifetime. Recording protects the grantee against later claims by giving public notice, but it is not what transfers ownership.
Source: PSI National Real Estate Exam Content Outline §9 Transfer of Title
Once a deed has been validly delivered and accepted, the grantor:
May revoke it if they change their mind within 30 days
Can revoke it only if the grantee has not yet recorded it
Cannot unilaterally cancel or revoke the conveyance
May revoke it by destroying their copy of the deed
Show answer & explanation
Cannot unilaterally cancel or revoke the conveyance — A valid delivery and acceptance immediately and irrevocably transfers title, so the grantor cannot cancel the conveyance simply by having second thoughts or destroying a copy of the document.
Source: PSI National Real Estate Exam Content Outline §9 Transfer of Title
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