Sandra conveys her home in Bakersfield to her nephew using a grant deed that states 'Sandra Garcia hereby grants to Michael Garcia all of her interest in the property at 123 Oak Street.' The deed contains no additional warranties beyond the statutory language. Which warranties are implied in this California grant deed?
Correct Answer
A) That Sandra has not previously conveyed the property and that there are no undisclosed encumbrances made by her
Under California Civil Code §1113, the word 'grant' in a conveyance automatically implies two warranties: (1) that the grantor has not previously conveyed the same estate or any interest therein, and (2) that the estate is free from encumbrances done, made, or suffered by the grantor or anyone claiming under the grantor. These are the only implied warranties in a California grant deed.
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