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The quitclaim deed provides no warranties; it conveys the interest the grantor had in the propertynothing more.The bargain and sale deed indicates that the grantor has title; but property might come with encumbrances and defects.
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.It does not run with the land. This type of deed is typically used in New Jersey.
The fees to file a New York quitclaim deed vary from county to county, but some of the fees are similar. As of 2018, the basic fee for filing a quitclaim deed of residential or farm property is $125, while the fee for all other property is $250. These fees are for the RP-5217 form.
Fill in the deed form. Print it out. Have the grantor(s) sign and get the signature(s) notarized. Complete a transfer tax form, Form TP-584. Complete and print out Form RP-5217 (or, if you are in New York City, Form RP-5217NYC).
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.
A bargain and sale deed doesn't warrant against any encumbrances. It simply implies that the grantor holds title to the property.A bargain and sale deed is much like a quitclaim deed in this respect. It conveys property, but it makes no guarantees that no one else has a stake in that property.
In New York, a bargain and sale deed with covenant against grantor's acts provides the grantee with a covenant that the grantor has not committed any act that would encumber title to the real property being conveyed and the covenant under Section 13 of the New York Lien Law.
Bargain and Sale With Covenants If a bargain and sale deed comes with expressly stated guarantees beyond simple ownership rights, it is known as a bargain and sale deed with covenants. The grantor of such a deed is guaranteeing the property against any possible claims expressly covered by the covenant.
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.