What Is A Bargain and Sale Deed?

what-is-a-bargain-and-sale-deed

By Tiffany V.

Published on 11/07/2023

KEY TAKEAWAYS 

  • Used to transfer property when seller won't guarantee clear title
  • Must be notarized for legal validity to record deed and verify identities
  • Online services like NotaryLive allow remote notarization for convenience

 

 

When buying or selling property, the deed used to transfer ownership is a critical legal document. One type of deed is a Bargain and Sale Deed. Here's an overview of what they are, when they're used, and why notarization is required. 

 

1.  Well, what is it?

A Bargain and Sale Deed is a legal document used to transfer the title and ownership of real estate between a buyer and seller. This type of deed indicates that the seller holds a clear tittle to the property and has the right to sell it. 

However, a key aspect of Bargain and Sale Deeds is that they provide no warranties or guarantees to the buyer regarding liens, mortgages, or other claims against the property. The buyer assumes responsibility for any title issues. 

 

2. When Is A Bargain and Sale Deed Used?

Bargain and Sale Deeds are commonly used in situations like:

Foreclosure sales: The lender selling a foreclosed property often won't guarantee the title. 

Tax sales: Title flaws are likely when a property is sold due to unpaid taxes.

Quitclaim sales: Seller is uncertain about title defects, so the buyer assumes all risk. 

In these cases, the seller is not in a position to take on liability for potential title problems. The buyer must be willing to accept that risk.

 

3. Why Notarize a Bargain and Sale Deed?

While each state has specific deed rules and regulations, Bargain and Sale Deeds typically must be notarized. Here are key reasons notarization is required:

Legal formality: Deeds must follow legal formalities like notarization to be valid. 

Recordation: A Notarized deed provides verification needed to record it with public land records. 

Signer verification: Notarization verifies the identity of the seller signing over the property. 

Document authentication: The notary's stamp and signature ensure the deed is legitimate.

Legal protection: Notarization provides legal protection in case of disputes over the transaction. 

Proper notarization gives a Bargain and Sale Deed the legal weight it needs to transfer property ownership securely. 

 

4. Notarize Online With NotaryLive

To get your documents notarized with a remote online notary, you can utilize a platform like NotaryLive. NotaryLive is a trusted remote online notary service that enables individuals to have their documents notarized remotely through audio/video conferencing.

Here's how NotaryLive works in 4 simple steps:

Click the button below to get started,

Notarize Now!

 

 

FAQ For Bargain and Sale Deed

  • What is a bargain and sale deed? 
    • A bargain and sale deed is a type of property deed that does not safeguard the property against liens or other claims. Any title issues that develop may be the responsibility of the buyer of a property with this sort of deed. These deeds are typically utilized in foreclosing or tax sales.
  • What is the difference between a warranty deed and a bargain and sale deed? 
    • A warranty deed ensures that the seller owners the property and has the right to sell it. A bargain and sale deed, however, indicates that the seller possesses the title and has the right to transfer ownership. This sort of deed does not protect the buyer against liens or other claims against the property, thus the buyer may be liable for these difficulties if they arise.
  • What is the purpose of a bargain and sale deed with covenants? 
    • A bargain and sale deed with covenants is a form of deal in which the seller makes specific assurances or promises to the buyer. These covenants may include a commitment that the seller has not encumbered the property in any way, except encumbrances, specifically mentioned in the deed.

 

 

**Legal Disclaimer - We are not lawyers or attorneys and do not give any legal advice. Please check with your attorneys, advisors, or document recipients if you have any unanswered questions about your documents.

 

 

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Updated Date: 04/13/2024


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