MBE Rules · Real Property
Deed types
The rule
General warranty: 6 covenants (seisin, right to convey, no encumbrances, quiet enjoyment, warranty, further assurances). Special warranty: same but only against grantor's own acts. Quitclaim: no warranties — conveys only what grantor has (which may be nothing).
In plain English
A general warranty deed promises the buyer that the property is free from issues, even from past owners. A special warranty only covers problems caused by the current owner. A quitclaim deed makes no promises about the property's condition.
Worked example
If the seller gives a general warranty deed, and the buyer finds a hidden lien from a previous owner, the seller must fix it. With a quitclaim deed, if a neighbor claims part of the land, the buyer handles it alone.
Memory hook
Deed Dilemma: General, Special, Quitclaim. General = all promises, Special = only mine, Quitclaim = take what I have, maybe nothing.
The trap
Students think: Quitclaim means no ownership. Wrong, because it transfers whatever interest the grantor has. The actual test is whether the grantor has any interest to convey.
How examiners test it
The MBE loves: grantor conveyed property with a special warranty deed, then a third-party claim arises. Trap: assuming warranty covers all claims, when it only covers grantor's acts.
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