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A bargain and sale deed is in United States real property law, a deed "conveying real property without covenants".[1]
 | This article needs additional citations for verification. (August 2007) |
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."[2]
Under common law, this type of deed technically created a use in the buyer who then gets the title.[3] Under the statute of uses, modern real property law disregards this subtle distinction. [citation needed]
A bargain and sale deed is especially used by local governments, fiduciaries such as executors, and in foreclosure sales by sheriffs and referees.[citation needed] The fact that it comes without any warranties from the government means that the new owner may not have a good title.[citation needed] If in fact, the city did not have a good title or the city could not convey a good title, then the new landowner is unlikely to be successful in obtaining a refund of the purchase price.[4]
Some states require a specific form to be used.[5] Some states also allow a grantor (or seller) to add warranties. In such case, it may be called a bargain and sale deed with covenants.[6]
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