What is a Bargain and Sale Deed?
Normally, a bargain and sale deed consists of the granting clause, habendum clause, and covenant of seisin. However, in the bargain and sale deed, the grantor does not covenant or warrant to defend the title against any future claims or attacks on the title.
The bargain and sale deed is sufficient to convey all the title the grantor has. It does little to protect the grantee from clouds or claims on the title.
A bargain and sale deed might be appropriate when an out-of-state property owner desires to sell several parcels of land through a Florida real estate auctioneer.
Serious buyers who attend the auction know that they must do their due diligence in advance if they intend to bid on any of the parcels. The buyers know that the seller will not be purchasing title insurance. In such situations, the seller typically delivers to the buyer a bargain and sale deed. Officers of the court often convey the real property under their control by means of a bargain and sale deed.
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