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A bargain and sale with covenants against grantor's acts contains only one covenant or promise; that is, that the grantor has done nothing to encumber title with easements, liens, judgements and the like while owing the property. The covenant contained in the deed is considered personal. It does not run with the land.
Buying property with this type of deed is not necessarily a bad idea, but it is advisable to take some precautions. If possible, a title search should be conducted to look for any clouds on the title and to see how difficult it would be to release them.
Bargain and sale deeds, as the term suggests, is used in a sale. Unlike a quitclaim, the bargain and sale deed indicates that the grantor has the title and can convey it to a buyer.The bargain and sale deed indicates that the grantor has title; but property might come with encumbrances and defects.
A grant deed is the instrument used to transfer title to an interest in real property from one owner to someone else.A deed of trust is the security instrument given to a lender to secure a loan or other obligation. Bare naked title is deeded to the trustee, who holds the power of sale or the power to re-convey.
Bargain and sale deeds are most often used when property is transferred pursuant to a foreclosure, tax sale, or settlement of the estate of a deceased person. They may also be used in the same situations as a quitclaim deed, although they give the grantee a little more protection.
Contrary to normal expectations, the Deed DOES NOT have to be recorded to be effective or to show delivery, and because of that, the Deed DOES NOT have to be signed in front of a Notary Public. However, if you plan to record it, then it does have to be notarized as that is a County Recorder requirement.
A grant deed ensures that the grantor has a legal interest in the property. A quitclaim deed merely releases any potential interest the signatory may have in a property with no warranties.
A grant, bargain, and sale deed is commonly used in Nevada for a conveyance of real property.A certificate of the acknowledgement or proof of execution, signed by the person taking the acknowledgment or proof, and under the seal or stamp of that person, will entitle the deed to be recorded (NRS 111.310).