A bargain and sale deed is in

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

real property In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixe ...

law, a

deed In common law, a deed is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associated with transferring ...

"conveying

without covenants". This is a deed "for which the grantor implies to have or have had an interest in the

property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...

but offers no warranties of title to the grantee." Under

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

, this type of deed technically created a

use Use may refer to: * Use (law), an obligation on a person to whom property has been conveyed * Use (liturgy), a special form of Roman Catholic ritual adopted for use in a particular diocese * Use–mention distinction, the distinction between using ...

in the

buyer Procurement is the method of discovering and agreeing to terms and purchasing goods, services, or other works from an external source, often with the use of a tendering or competitive bidding process. When a government agency buys goods or serv ...

who then gets title. Under the

Statute of uses The Statute of Uses (27 Hen 8 c 10 — enacted in 1536) was an Acts of Parliament in the United Kingdom, Act of the Parliament of England that restricted the application of use (law), uses in English property law. The Statute ended the practi ...

, modern

real property law Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual prope ...

disregards this subtle distinction. A ''bargain and sale deed'' is especially used by local governments,

fiduciaries A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other assets for another person. One party, for exampl ...

such as

executor An executor is someone who is responsible for executing, or following through on, an assigned task or duty. The feminine form, executrix, may sometimes be used. Overview An executor is a legal term referring to a person named by the maker of a ...

s, and in foreclosure sales by

sheriff A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...

s and

referee A referee is an official, in a variety of sports and competition, responsible for enforcing the rules of the sport, including sportsmanship decisions such as ejection. The official tasked with this job may be known by a variety of other titl ...

s. The fact that it comes without any warranties from the government means that the new owner may not have good

title A title is one or more words used before or after a person's name, in certain contexts. It may signify either generation, an official position, or a professional or academic qualification. In some languages, titles may be inserted between the f ...

. If in fact, the city did not have good title or the city could not convey good title, then the new landowner is unlikely to be successful in obtaining a refund of the purchase price. Some states require a specific form to be used. Some states also allow a grantor (or seller) to add warranties. In such case, it may be called a ''bargain and sale with covenants'' deed.

References

Real property law {{US-law-stub

See also

References