Title and transfer

Bargain and sale deed

A deed implying the grantor holds title but warranting nothing further

It carries the implication of ownership without the covenants of a warranty deed, and it is the ordinary instrument for property coming out of a foreclosure or an estate — situations where the grantor will not warrant a history they were never part of. Covenants can be added to it by agreement.

Easily confused with

A quitclaim deed does not even imply that the grantor owns anything. It passes whatever interest they happen to hold, which may be none.

How the exam asks about it

Rank the deeds by the protection they give: general warranty, special warranty, bargain and sale, quitclaim. Holding that order answers most deed items.

Quick check: Bargain and sale deed

A question from the practice bank that uses this term.

Which deed gives the buyer the broadest protection, covering defects arising at any time in the property’s history?

Related terms

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