Florida Broker Practice Exam

Which type of deed does not warrant to defend future title, but states the grantor has the right to convey?

1. Bargain and sale deed

2. Special warranty deed

3. Quitclaim deed

4. General warranty deed

The correct answer is: Bargain and sale deed

The bargain and sale deed is characterized by the grantor's assertion that they have the right to transfer the property, but it does not provide the same level of protection to the buyer as a general warranty deed. Specifically, it does not contain warranties to defend the title against future claims. This means that while the grantor confirms they hold the title and can convey it, they do not guarantee that the title is free from defects or claims that may arise after the sale. In contrast, a general warranty deed offers the highest level of protection, as it includes promises from the grantor to defend the title against any claims, even those that originated before their ownership. A special warranty deed contains similar protections but only against claims arising during the grantor's ownership period. A quitclaim deed, on the other hand, provides no warranties whatsoever; it simply transfers whatever interest the grantor has without asserting that any actual ownership exists. Therefore, the bargain and sale deed fits the description of conveying limited rights regarding future title claims while asserting the right to convey.