Susan is selling her property in Long Island and the buyer's attorney requests that she provide a deed with a covenant against her own acts but no other warranties. What type of deed should Susan's attorney prepare?
Correct Answer
C) Bargain and sale deed with covenant against grantor's acts
A bargain and sale deed with covenant against grantor's acts provides exactly what the buyer's attorney requested: a warranty that the grantor has not created any liens, encumbrances, or defects during their ownership period, but no warranties against defects from previous owners or other title issues.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
Marketable title is title that is free from reasonable doubt as to who the owner is and free from liens, encumbrances, or defects that would cause a reasonable buyer to hesitate before purchasing. It is also known as merchantable title.
More Property Ownership Transfer Questions
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In New York, what is the primary difference between an owner's title insurance policy and a lender's title insurance policy?
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- → David's condominium unit in Albany suffers water damage from a burst pipe in the common area. Under typical New York condominium arrangements, who is responsible for repairs to David's unit interior?
- → Under New York's recording system, what happens when two deeds for the same property are recorded on the same day?
- → Lisa owns a condominium unit and wants to rent it to tenants. The condominium bylaws contain restrictions on rentals. Under New York law, what is the general rule regarding an owner's right to rent their condominium unit?
- → Sarah purchases a condominium unit in Manhattan. As a New York condominium owner, what type of property interest does she hold in the unit itself?
- → Sarah purchased a home in Albany and received her deed on March 15th. She recorded the deed with the county clerk on April 2nd. Under New York recording law, when did Sarah's ownership become effective against third parties?
- → Mark owns a penthouse condominium unit in Manhattan that includes exclusive use of the rooftop terrace. He wants to install a hot tub on the terrace. The terrace is designated as a limited common element in the declaration. What approval does Mark need under New York law?
- → Under New York recording law, all of the following documents must be recorded to provide constructive notice to third parties EXCEPT:
- → Linda is purchasing a resale condominium unit in Yonkers. During the transaction, she discovers the seller owes three months of unpaid common charges. Under New York law, who is typically responsible for these unpaid charges at closing?
- → Jennifer Adams purchased a historic brownstone in Brooklyn, NY, with title insurance. One year later, the city claims a portion of her property for a street widening project that was authorized by a resolution passed two years before her purchase, but not recorded in the public records until after her purchase. The taking reduces her property value by $75,000. What is the most likely outcome regarding her title insurance coverage?
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Previous Question
James executed a deed conveying his property in Queens to his nephew Mark, but James retained possession of the deed in his safe deposit box and never informed Mark of the transfer. James continued to live on the property and pay taxes. One year later, James died. Under New York law, what is the status of the property ownership?
Next Question
Rachel inherited property in the Bronx through her grandmother's will. She now wants to sell the property to Kevin. Rachel is concerned because she never received a deed from her grandmother's estate. What should Rachel's attorney advise regarding the transfer to Kevin?