NCEES Principles and Practice of Surveying Practice Exam

What distinguishes a Bargain and Sale Deed?

1. It includes personal guarantees of ownership.

2. It historically had no covenants included.

3. It guarantees full ownership of the property.

4. It specifically requires a witness for the transaction.

The correct answer is: It historically had no covenants included.

A Bargain and Sale Deed is primarily characterized by its historical lack of covenants. This means that the deed does not provide any guarantees about the title of the property being transferred. Unlike other types of deeds, such as warranty deeds, a Bargain and Sale Deed does not assure the buyer that the seller has clear title or that the property is free from encumbrances. The absence of covenants makes this deed somewhat limited in terms of the protections it offers to the grantee (the buyer). This feature is significant because it conveys only the interest that the seller possesses at the time of the conveyance, without making any promises about the legality or quality of the title. Buyers should be cautious, as they are taking on the risk that there may be undisclosed issues or claims against the property. Hence, understanding that a Bargain and Sale Deed historically had no covenants included highlights its unique position in real estate transactions.