Which of the following instruments does NOT transfer an interest in real property?
Audio Lesson
Duration: 2:38
Question & Answer
Review the question and all answer choices
An option
An option gives the holder the right, but not the obligation, to purchase real property at a predetermined price. This creates a potential future interest in real property, which is why it's incorrect.
A lease
A lease creates a possessory interest in real property, granting the lessee the right to possess and use the property for a specified term. This is clearly an interest in real property, making it incorrect.
A bill of sale
An agreement of sale
An agreement of sale (or purchase agreement) creates an enforceable contract to transfer ownership of real property. It establishes a future interest that will become a present interest upon completion of the transaction, making it incorrect.
Why is this correct?
A bill of sale transfers ownership of personal property, not real property. Real estate interests require specific instruments like deeds, while bills of sale are used for movable assets like vehicles or furniture, making it the only option that does NOT transfer an interest in real property.
Deep Analysis
AI-powered in-depth explanation of this concept
Understanding which instruments transfer interests in real property is fundamental to real estate practice because it determines legal rights, obligations, and remedies in transactions. This question tests the distinction between documents that create possessory interests versus those that transfer ownership. The core concept revolves around recognizing that certain instruments grant rights to use property (like leases) or the right to purchase (options), while others directly transfer ownership (like agreements of sale). The challenge lies in understanding that a bill of sale specifically transfers personal property interests, not real property interests, making it the correct answer. This connects to broader knowledge about property classification, the Statute of Frauds requiring certain real estate transactions to be in writing, and the distinction between real and personal property in California law.
Knowledge Background
Essential context and foundational knowledge
The distinction between instruments transferring real property versus personal property dates back to English common law and is codified in modern property statutes. Real property interests must be transferred through specific instruments like deeds, while personal property interests use bills of sale. California follows this distinction under the Civil Code, which requires real estate transactions to be in writing and signed by the party to be charged. The Statute of Frauds reinforces this requirement for interests in real property that cannot be created orally. This distinction is crucial for determining legal enforceability and proper documentation requirements.
R.O.A.D. - Real Ownership Agreement Deed (these transfer real property)
If a document isn't on the ROAD list (Real, Ownership, Agreement, Deed), it likely doesn't transfer real property interests. Remember that a Bill of Sale is for cars and boats, not houses.
When asked about instruments transferring real property, eliminate any document typically used for personal property. Bills of sale always transfer personal property, while options, leases, and agreements of sale all create interests in real property.
Real World Application
How this concept applies in actual real estate practice
A California real estate agent shows a property to a buyer who wants to include all appliances in the purchase. The buyer later asks if they need a separate bill of sale for the washer and dryer. The agent explains that while the real property transfer occurs via deed, the appliances (personal property) would require a separate bill of sale. This distinction becomes crucial when disputes arise about what was included in the sale, highlighting why agents must understand which instruments transfer real versus personal property interests.
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