Bargain and Sale Deed

A bargain and sale deed is in United States real property law, a deed "conveying real property without covenants".

Property law
Part of the common law series
Types
  • Real property
  • Personal property
Acquisition
  • Gift
  • Adverse possession
  • Deed
  • Conquest
  • Discovery
  • Accession
  • Lost, mislaid, and abandoned property
  • Treasure trove
  • Bailment
  • License
  • Alienation
Estates in land
  • Allodial title
  • Fee simple
  • Fee tail
  • Life estate
  • Defeasible estate
  • Future interest
  • Concurrent estate
  • Leasehold estate
  • Condominiums
  • Real estate
Conveyancing
  • Bona fide purchaser
  • Torrens title
  • Strata title
  • Estoppel by deed
  • Quitclaim deed
  • Mortgage
  • Equitable conversion
  • Action to quiet title
  • Escheat
Future use control
  • Restraint on alienation
  • Rule against perpetuities
  • Rule in Shelley's Case
  • Doctrine of worthier title
Nonpossessory interest
  • Easement
  • Profit
  • Usufruct
  • Covenant
  • Equitable servitude
Related topics
  • Fixtures
  • Waste
  • Partition
  • Practicing without a license
  • Riparian water rights
  • Prior-appropriation water rights
  • Lateral and subjacent support
  • Assignment
  • Nemo dat
  • Conflict of property laws
  • Blackacre
Other common law areas
  • Contract law
  • Tort law
  • Wills, trusts and estates
  • Criminal law
  • Evidence

This is a deed "for which the grantor implies to have or have had an interest in the property but offers no warranties of title to the grantee. This type of deed is typically used in many states to transfer title."

Under common law, this type of deed technically created a use (law) in the buyer who then gets title. Under the Statute of uses, modern real property law disregards this subtle distinction.

A bargain and sale deed is especially used by local governments, fiduciaries such as executors, and in foreclosure sales by sheriffs and referees. The fact that it comes without any warranties from the government means that the new owner may not have good title. If in fact, the city did not have good title or the city could not convey good title, then the new landowner is unlikely to be successful in obtaining a refund of the purchase price.

Some states require a specific form to be used. Some states also allow a grantor (or seller) to add warranties. In such case, it may be called a bargain and sale with covenants deed.

Famous quotes containing the words bargain, sale and/or deed:

    “Eyes, look your last.
    Arms, take your last embrace, and lips, O you
    The doors of breath, seal with a righteous kiss
    A dateless bargain to engrossing death.”
    —William Shakespeare (1564–1616)

    “I hate this shallow Americanism which hopes to get rich by credit, to get knowledge by raps on midnight tables, to learn the economy of the mind by phrenology, or skill without study, or mastery without apprenticeship, or the sale of goods through pretending that they sell, or power through making believe you are powerful, or through a packed jury or caucus, bribery and “repeating” votes, or wealth by fraud.”
    —Ralph Waldo Emerson (1803–1882)

    “In social halls a favored guest
    In years that follow victory won,
    How sweet to feel your festal fame
    In woman’s glance instinctive thrown:
    Repose is yours—your deed is known,”
    —Herman Melville (1819–1891)