Closings glossary

Bargain and sale deed

The deed form used in most New York transfers. It passes the seller's interest with limited or no warranty of title, commonly with a covenant against grantor's acts.

What is a bargain and sale deed?

Quick Answer

A bargain and sale deed conveys whatever interest the seller actually holds, and the common New York version adds a covenant only against the seller's own acts. It is the standard residential deed in this state, which is why protection against older defects comes from title insurance.

The full definition

The deed form used in most New York transfers. It passes the seller's interest with limited or no warranty of title, commonly with a covenant against grantor's acts.

Also called: B and S deed, Bargain and sale deed with covenant against grantor's acts.

Which related terms should you know?

These are the terms that come up alongside bargain and sale deed in the same file.

Deed
The instrument that conveys real property. Signature, acknowledgment and delivery make it effective between the parties, while recording is what protects it against later purchasers.
Quitclaim deed
A deed conveying the grantor's interest without warranties. It proves nothing about what the grantor owned, so it is used where the parties already know the answer.
Title insurance
Insurance against loss from title defects that existed before the policy date. New York premiums come from a filed rate schedule, so the figure is calculated rather than negotiated.
Recording
Filing an instrument with the register or county clerk so it becomes part of the public record. Recording establishes priority against later purchasers and lenders.
Marketable title
Title a reasonable buyer would accept, free of defects that would expose that buyer to litigation. Most New York contracts require the seller to convey it at closing.

Where does bargain and sale deed come up in a New York City closing?

A Brooklyn house closes on a bargain and sale deed with covenant against grantor's acts, so a 1970s lien in the chain becomes a title insurance question.

What else should you read before closing?

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Legal Disclaimer: This page is general information about New York practice. It is not legal advice, it does not account for the terms of any particular contract, building or transaction, and reading it does not create an attorney-client relationship. This is attorney advertising. Prior results do not guarantee similar outcomes.