Legal Question in Real Estate Law in Nevada

Grant, Bargain and sale deed

What is the difference between a Grant, bargain and Sale Deed and a Quitclaim deed?


Asked on 7/31/07, 12:02 pm

2 Answers from Attorneys

Adam Breeden Breeden & Herbe, Ltd.

Re: Grant, Bargain and sale deed

The difference in the deeds is the covenants or warranties you provide. The quitclaim is a deed that provides no representations--not even the representation that you own the property and may tranfer it.

The bargain and sale deed is only a little better. It warrants that you own the property but says nothing about liens, encumberances, etc.

Compare this to a general warranty deed which warrants that you own the property, can convey it, that it is free of encumberances and that the seller will defend the buyer from a third party claim to the property. There are technical latin phrases for these covenants and warranties which I will spare you.

The parties generally do not understand these warranties well and if the seller drafts the deed, he often will use the lowest deed possible, the Bargain and Sale deed. The quitclaim deed arises too much suspicion and can be contrary to the purchase agreement so it is used less.

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Answered on 7/31/07, 3:50 pm
Paul Malikowski Malikowski Law Offices, Ltd.

Re: Grant, Bargain and sale deed

Statutory warranties, which come with the Grant, Bargain and Sale deed. Your attorney can explain further.

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Answered on 7/31/07, 12:18 pm


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