Reviewed by Casa Academy and updated July 29, 2026 using the current DBPR checklist and Pearson VUE scheduling guidance.
Bargain and Sale Deed
A bargain and sale deed transfers ownership with a covenant that the grantor holds title and has not encumbered the property beyond listed exceptions, but it typically does not warrant against defects arising before the grantor's ownership.
Exam context
Rank deed types by buyer protection. A bargain and sale deed sits below general and special warranty deeds. Pair the answer with title insurance as the practical cure for hidden defects.
Implied covenants vs full warranty
Many states treat bargain and sale deeds as implying the grantor has not personally created new encumbrances during their ownership. Unlike a general warranty deed, the grantor usually does not promise the chain of title before they acquired the property. Buyers rely more on title insurance.
When this deed appears
Foreclosure sales, tax sales, estate transfers, and some institutional sellers use bargain and sale deeds to limit warranty exposure. The deed recites consideration and conveys fee simple subject to public records. Examiners ask which deed offers the weakest grantee protection among warranty, special warranty, and bargain and sale forms.
Examples
Sheriff's sale
A purchaser at a mortgage foreclosure receives a bargain and sale deed from the sheriff with no warranty of prior liens beyond the foreclosure process.
Institutional seller
A bank selling REO property may deed by bargain and sale to cap liability while the buyer obtains an owner's title policy.
Keep studying
Related terms
- Bundle of rightsThe ownership interests conveyed by any deed form.
- Color of titleDefective or incomplete documents that appear to convey title.
Related resources
- Free exam prep
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- Real estate glossary hub
Browse all published national glossary entries.
- Florida exam topic hub
Florida-specific explainers and question sets for this topic area.
Sources
- Cornell LII: deed(Cornell Legal Information Institute)