Which type of deed is used in the vast majority of California residential real estate transactions and carries two implied warranties under California Civil Code §1113?
Correct Answer
D) Grant deed
Under California Civil Code §1113, a grant deed carries two implied warranties: (1) the grantor has not previously conveyed the same estate to another party, and (2) the estate is free from encumbrances made or suffered by the grantor that have not been disclosed to the grantee. The grant deed is the standard instrument used in the overwhelming majority of California residential sales.
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A buyer purchases a single-family home using a California grant deed. After closing, the buyer discovers that the seller personally granted an easement to a neighbor for driveway access before the sale and never disclosed it. Under the implied warranties of a California grant deed, does the buyer have a claim against the seller?