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cccbax · Feb 19, 2012, 09:30 PM

... can I use a Bargain and Sale Deed in Texas?

AK lawyer · Feb 20, 2012, 06:44 PM

The difference is that the grantor (person selling) in a quitclaim deed does not warrant that he or she has good title to the property. If, for example, you buy it and later find out that there was a lien attached to the property, you would be out-of-luck.

But you should purchase title insurance, which should protect you in either case. Consult a Texas attorney to be sure.

LisaB4657 · Feb 21, 2012, 12:17 AM

With a quit claim deed, the person selling the property is saying "I may or may not own the property, but whatever interest I have in it I'm selling to you. And I'm not promising that the title is clear."

With a bargain and sale deed, the person selling the property is saying "I own the property and I'm selling it to you, but I'm not promising that there are no liens on it."

With the bargain and sale deed the seller is saying they own the property. With the quit claim deed the seller is saying they MAY own the property. Neither one is promising that there are no liens.

cccbax · Feb 21, 2012, 09:42 AM

If a Bargain and Sale Deed doesn't say 'with covenants', it doesn't *necessarily* have any, even in regards to title. It uses somewhat different language that may IMPLY that grantor holds title, but a bargain and sale deed needn't warrant good title. This I learned from a layperson who directed me to a Texas real estate law handbook published online. And after doing quite a bit of research to learn the language used in covenants, I have to say, this is correct.

I didn't have time to do this research. It caused me to neglect my other responsibilities, which is very bad, considering what they are. But I have NO CHOICE. Period. Sad that people online would rather preach, be arrogant, and make erroneous assumptions about you based on nothing, when you are just asking simple questions out of pure need. There is no more money, so trying to find a competent lawyer instead of the incompetent rabble I've had to deal with in the past is not an option. Period.

Done. Close it, please.

LisaB4657 · Feb 21, 2012, 09:58 AM

There's a fine line that you appear to be missing here. Putting aside the issue of liens, encumbrances and clear title, the bargain and sale deed has the seller saying they own the property. If you accept a bargain and sale deed and discover later that the seller did not own the property then you may have a cause of action against them. If you accept a quit claim deed and discover later that the seller did not own the property then you have no cause of action against them.