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What is a Bargain and Sale Deed?

A Bargain and Sale Deed is a legal document that a seller of real estate can use to confirm their right to transfer a property title. Often used in relation to foreclosures and tax sales, this type of deed does not indicate that a property is free of liens or debts. 
 
A Bargain and Sale Deed will commonly be used in New York, Washington, Wyoming, Colorado, and Vermont when transferring residential property. This deed can be used when transferring ownership between family members, placing property into a family trust, or purchasing property at a tax or foreclosure sale.

When to use a Bargain and Sale Deed:

  • You are transferring property with a person you are familiar with such as a family member.
  • You own a business and you want to buy or sell real property.

Sample Bargain and Sale Deed

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THIS SPACE PROVIDED FOR RECORDER'S USE ONLY:

 

 

 

 

 

 

 

 

 

 

 

 

 

WHEN RECORDED RETURN TO:

,

____________________________________________________________________

BARGAIN AND SALE DEED WITH COVENANTS

 

THE GRANTOR(S),

  - of , , , by the in docket number

 

for and in consideration of:

- , , , , , a single person, a married couple,

the following described real estate, situated in at , , , State of

 

(legal description):

 

Grantor grants, all of the Grantor's rights, title, and interest in and to the above described property and premises to the Grantee(s), and to the Grantee(s) heirs and assigns forever, so that neither Grantor(s) nor Grantor's heirs, legal representatives or assigns shall have, claim or demand any right or title to the property, premises, or appurtenances, or any part thereof. Grantor covenants that Grantor has not taken any action or suffered anything whereby the property conveyed herein has been encumbered in any way.

 

Tax Parcel Number:

 

 

 

DATED:___________________________

 

 

__________________________________

 

STATE OF ss:, ss:STATE OF , ss:

, COUNTY OF PARISH OF

 

On this _____ day of ____________________, _____, before me, ______________________________, the undersigned officer, personally appeared, known to me (or proved to me on the oath of ______________________________) to be the persons who are described in and who executed the within and foregoing instrument, and acknowledged to me that they executed the same.

Before me, a Notary Public (or justice of the peace) in and for said county, personally appeared the above named , who acknowledged that they did sign the foregoing instrument, and that the same is their free act and deed. In testimony whereof, I have hereunto subscribed my name at ________________________________, this _____ day of ____________________, _____.

The foregoing instrument was acknowledged before me this _____ day of ____________________, _____, by .

The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this _____ day of ____________________, _____ by , who are personally known to me or who have produced ________________________________ as identification.

This instrument was acknowledged before me on this _____ day of ____________________, _____ by .

On this _____ day of ____________________, _____, before me personally appeared , to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed same as their free act and deed.

On this _____ day of ____________________, _____, before me, ________________________________, personally appeared , known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same as for the purposes therein contained.

On this _____ day of ____________________, _____, before me, the undersigned, Notary Public for the State of Vermont, personally appeared , to me known (or to me proved) to be the identical persons named in and who executed the above Bargain and Sale Deed, and acknowledged that such persons executed it as such persons' voluntary act and deed.

The foregoing instrument was acknowledged before me this _____ day of ____________________, _____, by .

 

In witness whereof I hereunto set my hand and official seal.

 

 

_________________________________

Notary Public

Signature of person taking acknowledgment

 

_________________________________

Name typed, printed, or stamped

Title (and Rank)

 

_________________________________

Title or rank

 

My commission expires _____________

 

_________________________________

Serial number (if applicable)

Serial number, if any

 

Notary Address:

_________________________________

_________________________________

_________________________________

_________________________________

 

A notary public or other officer completing this certificate verifies only the identity of the individual(s) who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

 

STATE OF CALIFORNIA

COUNTY OF

 

On ____________________ before me, ________________________________, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

 

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

 

WITNESS my hand and official seal.

 

 

________________________________________ (Notary Seal)

Signature of Notary Public

 

CountyParish

Prior to filing your deed you will needed to complete Real Estate Transfer Tax Form PT-61. To electronically file this form you can visit http://www.gsccca.org/efiling/pt61/

 

Oregon state law requires that all deeds be recorded no more than 15 days after being signed.As a number of counties in Arkansas have two county seats you should make certain you are recording the deed in the correct office.

Most counties will not accept your deed for recording until proof all transfer taxes have been paid. Some towns will affix a town stamp to the deed when you have paid the required taxes.

 

A cover sheet must be created through ACRIS (Automated City Register Information System) www. nyc.gov before the deed can be recorded.

 

Cattaraugus County and Chautaugua County require a carbon copy of the information contained in the deed, not the deed, for each of the townships affected by the deed. The information needed in this information sheet includes: Date of conveyance, Consideration given, Name of Grantor(s) and Grantee(s), Mailing Address of the Grantee(s) and the Legal Description of the property conveyed.

 

If you are a resident of Cook County and this Bargain and Sale Deed is for a transfer of residential real estate:

 

Grantor must sign the deed in front a notary. The notary is required by law to get the Grantor's right thumb print on their Notary Report.

 

Unless your notary is an employee of a principal, employee or agent of a Title Insurance Company, Title Insurance Agent, Financial Institution or attorney, the notary must deliver an original Notarial Record within 14 days of notarizing the document to the Recorder of Deeds of Cook County along with a filing fee of $5.00. If your notary is one of the above they may retain the record at their place of employment

 

Ask the Registry Employee prior to recording your deed to verify if you deed should be recorded or registered. The deed will be invalid if it is recorded or registered in the wrong place.

 

Additional Documents Required to File with Your Bargain and Sale Deed:

 

An Illinois Declaration of Value form must be filed with your deed. You will need to obtain this form from your County Recorder.

 

The Grantor must fill out a Declaration of Value, Ground Water Hazard Statement and pay transfer taxes on the property before the deed will be accepted for recording.

 

A Nevada Declaration of Value form must be filed with your deed. You will need to obtain this form from your County Recorder.

 

Real Estate Transfer Statement Form 521 will need to be completed and filed with your deed. You can obtain this form from your County Recorder or online at http://www.co.cheyenne.ne.us/Form521.pdf.

 

Within 30 days of recording your deed you will need to file a Declaration of Consideration statement with the Department of Revenue Administration. This form can be found on the New Hampshire Department of Revenue Administration Website.

 

Each County has its own transfer tax and property ownership forms, which must be filed and recorded with your deed. You can obtain these forms by contacting the County Registrars Office where the property being transferred is located.

 

A Certificate of Real Estate Value must be filed with your deed. You will need to contact your County Recorders Office to obtain this form.

 

Preliminary Change in Ownership Form must be completed and filed with your deed. You can complete this form at the County Assessor's Office when you file your Bargain and Sale Deed.

 

Affidavit of Consideration: Must be completed and filed with your deed if:

a) If the full consideration is not stated in the deed

b) When an exemption to Realty Transfer Fee is claimed

c) If the transfer involves Class 4 property (commercial, industrial or apartments)

d) If the transfer involves "new construction"

 

Click here if you would like to print this form:

www.state.nj.us/treasury/taxation/pdf/other_forms/lpt/rtf1ee.pdf

 

Statement of Value must be filed with your deed in duplicate-

www.revenue.state.pa.us/revenue/lib/revenue/rev-183.pdf

 

Real Estate Transfer Tax (From PT-61) form must be filed prior to recording your deed (This form should be completed and submitted online at http://www.gsccca.org/efiling/pt61/)

 

Real Estate Excise Tax Affidavit must be filed with your deed

http://dor.wa.gov/Docs/forms/RealEstExcsTx/RealEstExTxAffid_E.pdf.

 

If you are in Asotin, Clark, Pacific, Skamania or Whatcom County you will need to contact your County Treasurer or Recorder to get the correct Affidavit.

 

Real Estate Excise Tax Supplemental Affidavit must be filed in addition to the Real Estate Excise Tax Affidavit with your deed if you are claiming an exemption to the tax

http://dor.wa.gov/content/getaformorpublication/formbysubject/forms_reet.aspx

 

_____Affidavit of Property Value will be provided by your County Recorder if it is required

 

_____State of Maryland Land Instrument Intake Sheet must be filed with your deed

http://www.courts.state.md.us/courtforms/circuit/intakesheet.html

 

Well Disclosure Statement must be filed with your deed if wells are on the property being transferred and the number of wells has changed since the last Well Disclosure Statement was filed.

www.health.state.mn.us/divs/eh/wells/disclosures/certificateform.pdf

 

In the Parish of Orleans, the Clerk of Court and Ex-Officio Register of Conveyances and Records of Mortgages will need to provide you with a certificate that will be attached to your deed stating the Grantor owns the property free and clear of debt. Make sure you obtain this certificate prior to recording your deed.

 

It will be necessary for either a Grantor or Grantee to execute the consideration statement at the end of this deed verifying the amount of the consideration paid.

 

Bargain and Sale Deed FAQs

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  • How do I get a Bargain and Sale Deed?

    It is very simple to prepare a free Bargain and Sale Deed with Rocket Lawyer:

    1. Make the document - Answer a few general questions and we will do the rest
    2. Send and share it - Discuss any legal questions with a lawyer, if desired
    3. Sign and make it legal - This document must be signed in the presence of a notary public

    This method is, in most cases, notably less expensive and less time-consuming than meeting and hiring a conventional provider to draft the entire document on your behalf.

  • Why use a Bargain and Sale Deed?

    A Bargain and Sale Deed will commonly be used in New York, Washington, Wyoming, Colorado, and Vermont when transferring residential property. This deed can be used when transferring ownership between family members, placing property into a family trust, or purchasing property at a tax or foreclosure sale.

  • What is the difference between a Bargain and Sale Deed and a Quitclaim Deed?

    A grantee possesses more protections with a Bargain and Sale Deed than a Quitclaim Deed. A Quitclaim Deed makes no warranties while Bargain and Sale Deed warrants that the grantor has title to the property.

  • What is a Bargain and Sale Deed in real estate?

    In real estate, Bargain and Sale Deeds are typically used to transfer property ownership to a family member, into a trust, or buying real estate from a foreclosure sale.

  • What is a Bargain and Sale Deed in Oregon?

    Bargain and Sale Deeds are statutory in Oregon and can be used to transfer interest in a property from a grantor to a grantee.

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