What does a Bargain and Sale Deed imply?

A Bargain and Sale Deed is a type of deed that implies the grantor has an interest in the property and is transferring that interest to the grantee. This type of deed indicates that the grantor has both title and possession of the property at the time of the transfer. However, while it affirms the grantor's ownership, it does not provide any warranties against liens or other claims, meaning the grantor does not guarantee that the title is clear or free of encumbrances. This is a key distinction since it sets the stage for understanding the level of protection available to the grantee.

The implication here is that the grantor has adequate rights to convey the property but does not fully assure the grantee regarding the condition of the title. This deed type is often used in real estate transactions where the parties may be comfortable proceeding without traditional warranties.

In contrast, other types of deeds like a warranty deed offer more protection to the grantee by including warranties against defects in the title. Therefore, while the statement about the grantor having both title and possession is accurate and reflects the nature of a Bargain and Sale Deed, it is important to note that this does not imply any legal obligations on the part of the grantor to