Oregon Bargain and Sale Deed for Individuals or Husband and Wife as Grantor
Description Bargain Sale Deed
How to fill out Or Bargain Sale Deed?
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Deed Individuals Grantor Template FAQ
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.
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.
Bargain and sale deeds are statutory in Oregon under ORS 93.860. A bargain and sale deed conveys the grantor's "entire interest in the described property at the date of the deed which the deed purports to convey" but does not provide covenants of title (ORS 93.860(2, 3)).
A quitclaim deed only transfers the grantor's interests in a piece of real estate. It does not create any warranties on the title.A warranty deed contains a guarantee that the grantor has legal title and rights to the real estate. A quitclaim deed offers little to no protection to the grantee.
Quitclaim deeds are most often used to transfer property between family members. Examples include when an owner gets married and wants to add a spouse's name to the title or deed, or when the owners get divorced and one spouse's name is removed from the title or deed.
Bargain and sale deeds are most often used when property is transferred after a foreclosure, tax sale, or the settlement of a deceased person's estate. They may also be used in the same situations as a quitclaim deed, although they give the grantee a little more protection.