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Transfer Of PropertyRecording_and_noticeMEDIUM

Using the same facts -- Owner A sells to Buyer B (unrecorded), then sells to Buyer C (no notice). In a race-notice jurisdiction, Buyer C must do what additional thing to prevail over Buyer B?

Correct Answer

D) Record before Buyer B records

In a race-notice jurisdiction, a later purchaser must both lack notice AND record first to prevail. Simply being without notice is not enough; Buyer C must also win the race to record.

Answer Options
A
Obtain title insurance
B
Pay a higher purchase price than Buyer B
C
File a quiet title action
D
Record before Buyer B records

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Related Topics & Key Terms

Key Terms:

recording_and_noticetransferrace_notice_statutepriority

Related Concepts

Escrow is an arrangement in which a neutral third party holds documents, funds, or other items on behalf of the buyer and seller until all conditions of the transaction are met.

A general warranty deed provides the greatest protection to the grantee by guaranteeing that the grantor holds clear title and has the right to sell the property. It includes covenants that protect against all defects in title, even those arising before the grantor owned the property.

Intestate succession is the legal process by which a deceased person's property is distributed according to state law when they die without a valid will. State statutes determine the order of inheritance.

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