Bargain and Sale Deed

Prepare bargain and sale legal document while selling or buying a property to protect the buyer from title risks

Bargain and Sale Deed gives no warranty on the title risks and encumbrances. So, if the property that a grantor holds is sold to the grantee, then it does not warranty a good title. It means that the grantee can pose the title risks in the future. However, this kind of deed is being prepared for tax sales and for foreclosure actions. Ideally, the grantor who has not occupied the land has no clue of the type of title risks and encumbrances attached with that land by the previous owner. The grantor will not give any assurance on the encumbrances for the grantee in the long run.

Generally, the real-estate needs change over time. It is important to use bargain and sale deed while transferring the ownership of the property to your heir or into a trust or while buying a real-estate property from the foreclosure sale. This kind of deed is used in many states for transferring the residential property to another name. This is a right legal document to be used while putting your property into a family trust. This deed is alike to that of quitclaim deed where the seller will not assurance to compensate for the title risks or defects on the property.  This kind of document is mainly used while selling or purchasing a property. However to understand the deed of bargain and sale, it is vital for the buyer and sellers to have knowledge on a warranty deed. Generally, the warranty deed will assure to protect the buyer from the title defects that may encounter in the future. Most importantly, this warranty ensures that there are no title issues on the property to the buyer, thus allowing the buyer to stay and purchase the property happily. However, the deed of bargain and sale is a deed without any warranty. It just offers a little assurance on the title risks possessed to the property.

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Bargain and sale deed.

This indenture, made the _________ day of _________[month], _________[year], between _________[insert residence], party of the first part, and _________[insert residence], party of the second part:
Witness, that the party of the first part, in consideration of _________ dollars, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, _________ heirs and assigns forever, all _________[description], together with the appurtenances and all the estate and rights of the party of the first part in and to said premises.
To have and to hold the above-granted premises unto the party of the second part, _________, heirs and assigns forever.
In witness, whereof, the party of the first part has hereunto set his hand and seal the day and year first above written.
In presence of: _________
[Signature of grantor]
[Acknowledgment]