Under Massachusetts law and conveyancing practice, which of the following is EXCEPT a requirement that makes a deed valid and effective to transfer title at closing?
Correct Answer
A) The deed must be recorded at the Registry of Deeds before it is effective between the grantor and grantee
Under Massachusetts General Laws Chapter 183, recording a deed at the Registry of Deeds is NOT required for the deed to be valid and effective between the grantor and grantee. Recording provides constructive notice to third parties under Massachusetts's race-notice recording statute, protecting the grantee against subsequent purchasers. However, as between the original parties, a deed is effective upon delivery to and acceptance by the grantee — recording is not a prerequisite to the deed's validity between the parties.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A bilateral contract is an agreement in which both parties exchange promises and are both obligated to perform, while a unilateral contract is one in which only one party makes a promise and the other party is not obligated to act.
A breach of contract occurs when one party fails to perform their obligations under the contract without a legal excuse. The non-breaching party is entitled to legal remedies including damages, specific performance, or contract rescission.
Consideration is something of value exchanged between parties to a contract, making the agreement legally binding. It can be money, a promise to act, a promise to refrain from acting, or anything else of value.
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