A Bargain and Sale Deed is a type of real property (i.e. land or a building like a house or apartment) deed where the grantor or owner of the property transfers (grants) their portion of interest in the property in which the grantor has title. A Bargain and Sale Deed is commonly used when a property is transferred between parties unfamiliar to each other as it provides certain safeguards for the Grantee or buyer. A Bargain and Sale Deed can be drafted to provide a guarantee to the buyer that the seller owns the property free and clear of any debt (unless the debt is disclosed in the deed). This type of deed can also be drafted without such a guarantee in the event the Grantor has disclosed existing indebtedness to the Grantee. **If the Grantor desires to provide a guarantee against problems with the title regardless of when or under whose ownership they occurred, a Warranty Deed is more appropriate. If the Grantor only wishes to guarantee against problems with the title to the property through the time the Grantor owned the property a Special Warranty Deed is needed. If the Grantor does not desire to provide any guarantees regarding title or the seller's authority to sell the property free and clear of debt, then a Quit Claim Deed is best. |