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What is a Bargain and Sale Deed?

By
Education & Training with Rowlett Real Estate School

Normally, a bargain and sale deed consists of the granting clause, habendum clause, and covenant of seisin. However, in the bargain and sale deed, the grantor does not covenant or warrant to defend the title against any future claims or attacks on the title.

The bargain and sale deed is sufficient to convey all the title the grantor has, but it does little to protect the grantee from clouds or claims on the title.

A bargain and sale deed might be appropriate when an out-of-state property owner desires to sell several parcels of land through a Florida real estate auctioneer.

Serious buyers who attend the auction know that they must do their due diligence in advance of attending the auction if they intend to bid on any of the parcels. The buyers know that the seller will not be purchasing title insurance. In such situations, the seller typically delivers to the buyer a bargain and sale deed. Also, officers of the court often convey the real property under their control by means of a bargain and sale deed.

Posted by

Captain Wayne Rowlett GSI
Rowlett Real Estate School

Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

That one is not typically used in my area. Good explanation of how and why it is used, Captain Wayne.

Sep 28, 2015 08:18 AM
Larry Johnston
Broker, Friends & Neighbors Real Estate and Elkhart County Subdivisions, LLC - Elkhart, IN
Broker,Friends & Neighbors Real Estate, Elkhart,IN

Hi Captain Wayne - Rowlett Real Estate School ,  Your blog brings back some memories of Real Estate School.  It's nice to have a refresher course occasionally.

Sep 30, 2015 11:05 AM
Roy Kelley
Retired - Gaithersburg, MD

This is good information for those preparing to become real estate agents.

Oct 03, 2015 10:37 AM
Curtis Van Carter
Better Homes & Gardens Wine Country Group - Yountville, CA
Your Napa Valley Broker Extraordinaire

Dear Sir

This is something new to me for I believed this not used in California but had to Google it to be certain.  Also had to look up habendum clause, and covenant of seisin which also are new to me. Thanks for the lesson, cheers cvc

Oct 04, 2015 01:08 AM
Larry Johnston
Broker, Friends & Neighbors Real Estate and Elkhart County Subdivisions, LLC - Elkhart, IN
Broker,Friends & Neighbors Real Estate, Elkhart,IN

Hi Captain Wayne - Rowlett Real Estate School ,  Thanks for the refresher course.

Oct 08, 2015 07:58 AM
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Thnak you for sharing the information. I will bookmark this post.

Oct 09, 2015 09:41 PM