Legal Question in Real Estate Law in Pennsylvania

Re: Need a deed

There are various forms of deed that can be used in a real estate transaction. Examples include: quitclaim deed; general warranty deed; special warranty deed; etc. In New Jersey, a common form of deed used is referred to as a "bargain and sale deed with covenant as to grantor's acts."

However, the type and form of deed you should use depends on your specific circumstances, and in particular, it will depend on the terms of your purchase and sale agreement with the other party.

Therefore, you should consult with an attorney to determine what form of deed to use. Your attorney can also assist you in properly preparing and recording the deed, as well as with other aspects of the transaction.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

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(973)-605-8995

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

Re: Need a deed

I CONCUR WITH THE OTHER AUTHORS. YOU SHOULD FOLLOW

THE REQUIREMENTS OF THE CONTRACT OF SALE. MY ONLY CAUTION IS THAT YOU CANNOT GIVE A DEED THAT IS MORE THAN WHAT YOU ORIGINALLY RECEIVED. FOR EXAMPLE, IF YOU RECEIVED A QUIT CLAIM DEED WHICH CONTAINS NO REPRESENTATIONS OF ANY KIND AS TO GOOD TITLE), YOU CAN GIVE A BARGAIN AND SALE WITH GRANTORS COVENANTS (PRESUMING YOU HAVE NOT DONE ANYTHING TO CREATE A PROBLEM WITH THE TITLE), BUT YOU SHOULD NOT GIVE A WARRANTY DEED (WHICH WARRANTS ALL PRIOR OWNERS ACTS), UNLESS YOU HAVE ASSURED YOURSELF NO PRIOR OWNER HAS DONE ANYTHING TO CLOUD THE TITLE. USING AN ATTORNEY TO ASSIST YOU WOULD ALSO BE SUGGESTED.

Re: Need a deed

I assume the buying party would want to obtain title insurance on the property, and if they are obtaining a mortgage to purchase it, the lender would require them to run a title search. Thus, if a title company is involved in PA, they will prepare the deed for you, however, if it is a cash purchase, and the buyers do not obtain an owners title insurance policy then they should consult a PA real estate attorney to prepare the deed. No attorney would advise a client to purchase a property without title insurance in PA. If you have any other question, feel free to contact me at 267-243-5353, Real Estate is all I do.