What is a Bargain and Sale Deed?

A Bargain and Sale Deed conveys the grantor's interest in property with limited warranties; it implies the grantor has title but does not guarantee the title is free of defects or encumbrances.

How does it differ from a warranty deed?

A warranty deed includes express guarantees that the seller will defend the title; a Bargain and Sale Deed limits or omits those warranties, shifting more risk to the buyer unless title insurance is obtained.

Can this deed be signed electronically?

Many states accept electronically signed deeds and remote notarization where authorized; verify county recorder and state RON rules before relying on e-signatures for recording.

What notarization or witness steps are required?

Most states require a notary acknowledgment; witness requirements vary by state—some require one or two witnesses—so confirm local recorder rules prior to execution.

What if the recorded deed has a mistake?

Minor errors often require a corrective document such as a corrective deed or affidavit; substantive mistakes may necessitate re-conveyance or quiet title actions, and professional counsel is recommended.

How can the deed be revoked or corrected?

Revocation depends on whether the deed is recorded and whether title has transferred; corrective deeds or mutual rescission can address errors, but consult legal counsel to ensure proper chain-of-title handling.

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Bargain and Sale Deed

Bargain and Sale Deed

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What a Bargain and Sale Deed Is

A Bargain and Sale Deed is a U.S. real property conveyance that transfers the grantor's interest in land to a grantee without broad warranties against title defects. The deed typically implies that the grantor holds title and has the right to convey, but it does not promise the title is free of encumbrances. Lawyers, title companies, and buyers use this deed in certain refinancing, foreclosure, estate, and commercial transactions where limited seller warranties are acceptable.

When this deed is useful

Use a Bargain and Sale Deed when a conveyance with limited seller warranties is acceptable — for example, estate transfers, foreclosures, or some commercial sales where buyers will obtain title insurance.

Common parties who handle this deed

Each party should confirm risk allocation and consider title insurance or additional closing protections before completing a Bargain and Sale Deed.

Real estate investors and buyers seeking quick transfers of title in foreclosure or estate sales.
Title companies and closing attorneys managing searches, insurance, and recording steps for limited-warranty conveyances.
Sellers or estate fiduciaries needing to convey property without accepting full warranty obligations.

Core elements in a professional Bargain and Sale Deed

A complete deed combines formal conveyance language with property identifiers, party details, and proper execution blocks to enable recording and title transfer.

Granting Clause

Plain statement transferring the grantor's interest to the grantee, using language that makes clear the type of deed and scope of conveyed interest.

Legal Description

Full metes-and-bounds or lot-and-block description recorded in county records; a street address alone is insufficient for recording purposes.

Consideration

A stated amount or recital of consideration (e.g., nominal sum or love and affection) that documents the value exchanged and supports recordation.

Grantor and Grantee

Full legal names and capacities (individual, trustee, corporate officer) with entity type noted to avoid identity or authority issues at recording.

Execution Block

Signature lines, printed names, and titles for grantor(s); dates adjacent to signatures to establish effective date of conveyance.

Notary Acknowledgment

State-specific notary wording and space for seal required for recording; many counties will reject deeds without proper acknowledgment.

Essential data fields to include

Grantor Name: Exact legal name

Grantee Name: Exact legal name

Legal Description: Recorded parcel description

Consideration: Amount or recital

Effective Date: MM/DD/YYYY date

Notary Block: Acknowledgment wording

Step-by-step: completing and recording the deed

Follow these standard steps to prepare, execute, and record a Bargain and Sale Deed with minimal delay.

01

Prepare document: Populate legal description and party names accurately.
02

Review title: Obtain title search and resolve liens prior to closing.
03

Execute before notary: Sign in front of a licensed notary or witnesses as state law requires.
04

Record deed: Submit to county recorder with required fee and any transfer tax forms.

Where the deed goes after signing

Recording and distribution follow established local workflows; ensure each recipient receives the correct copy and proof of recordation.

County Recorder: Primary filing location for public record.
Title Company: Receives copy for insurance and closing files.
Buyer/Grantee: Receives recorded copy for possession and mortgage purposes.
Mortgage Lender: Receives recorded deed if lender was party to transaction.

Digital signing and eSubmission considerations

Confirm county recorder policies and any remote notarization rules before relying on electronic execution for recording.

eSignature Acceptability: Many states accept e-signed deeds; verify county recorder rules.
Remote Notarization: Use RON where permitted and meet identity proofing rules.
File Formats: PDF/A is preferred for long-term recordability.

Typical digital workflow settings for deed execution

Configure your signing workflow to match the execution and recording steps required by state and county.

Field	Configuration
Signature Field	Set to signer role; require date stamp.
Notary Block	Lock until notary completes acknowledgment.
Authentication	Enable SMS or KBA for signer verification.
File Export	Export signed PDF/A for recording and archival.

How a Bargain and Sale Deed compares with a warranty deed

Compare warranty scope and buyer protections to choose the appropriate deed type for your transaction.

Feature	Bargain and Sale Deed	Warranty Deed
Seller Warranties	limited or implied	full, express warranties
Title Protection	less protection	greater protection
Common Use	foreclosure, estate	standard residential sale
Title Insurance Likelihood	often purchased	commonly purchased

Practical tips to avoid problems

Follow these procedural and drafting best practices to reduce recording delays and title disputes.

Verify names and authority

Confirm grantor and grantee legal names and that signers have authority to convey; for entities, include signer title and attach corporate resolution if required.

Use recorded legal description

Always paste the exact legal description from county records; truncated or informal descriptions can cause recording rejection.

Coordinate notary and witnesses

Schedule a notary and any required witnesses together and keep signature lines unaltered; changes after notarization can invalidate the acknowledgment.

Order title search

Obtain a title search and consider title insurance to protect against preexisting defects the deed does not warrant against.

Common mistakes to avoid

Using an informal street address instead of the recorded legal description, leading to recorder rejection or ambiguous boundaries.
Mismatched party names between the deed, title search, and closing documents, which can delay recording and insurance issuance.
Altering notarized text or signatures after execution, which can render the acknowledgment invalid and void the recordation.
Failing to resolve liens or judgments before closing, exposing the grantee to unmarketable title and potential litigation.

Risks and consequences of incorrect deeds

Recording Rejection: Delay or refusal

Title Defect: Insurance denial or claim

Tax Liability: Transfer tax or reporting issues

Fraud Allegation: Civil or criminal risk

Civil Litigation: Quiet title or damages

Statute Limits: Affects remedies and claims

Comparison: eSignature vendors for executing deeds

Platform choice affects cost, authentication options, and notary support. The table compares signNow with common alternatives.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes (Business Premium+)	Yes (tiered)	Yes (tiered)	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently asked questions about Bargain and Sale Deeds

Answers to common questions about use, execution, and recording of a Bargain and Sale Deed in the United States.

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What is a Bargain and Sale Deed?
A Bargain and Sale Deed conveys the grantor's interest in property with limited warranties; it implies the grantor has title but does not guarantee the title is free of defects or encumbrances.
How does it differ from a warranty deed?
A warranty deed includes express guarantees that the seller will defend the title; a Bargain and Sale Deed limits or omits those warranties, shifting more risk to the buyer unless title insurance is obtained.
Can this deed be signed electronically?
Many states accept electronically signed deeds and remote notarization where authorized; verify county recorder and state RON rules before relying on e-signatures for recording.
What notarization or witness steps are required?
Most states require a notary acknowledgment; witness requirements vary by state—some require one or two witnesses—so confirm local recorder rules prior to execution.
What if the recorded deed has a mistake?
Minor errors often require a corrective document such as a corrective deed or affidavit; substantive mistakes may necessitate re-conveyance or quiet title actions, and professional counsel is recommended.
How can the deed be revoked or corrected?
Revocation depends on whether the deed is recorded and whether title has transferred; corrective deeds or mutual rescission can address errors, but consult legal counsel to ensure proper chain-of-title handling.

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