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Bargain and Sale Deed

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NEW YORK
BARGAIN AND SALE DEED
COVENANT AGAINST GRANTOR'S ACTS
[Two Individuals to an Individual]

THIS INDENTURE, made the day of

BETWEEN

residing at
and residing at

parties of the first part, and

residing at

party of the second part,

WITNESSETH, that the parties of the first part, in consideration of Ten Dollars, and other valuable consideration paid by the party of the second part, do hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever,

ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the County of State of New York and further described as:


TOGETHER with all right, title and interest, if any, of the parties of the first part in and to any streets and roads abutting the above described premises to the center lines thereof;

TOGETHER with the appurtenances and all the estate and rights of the parties of the first part in and to said premises;

TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever,

AND the parties of the first part covenant that the parties of the first part have not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid.

AND the parties of the first part, in compliance with Section 13 of the Lien Law, covenant that the parties of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose.

The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.

IN WITNESS WHEREOF, the parties of the first part have duly executed this deed the day and year first above written.

(Signature)

Type or Print Name

(Signature)

Type or Print Name

CERTIFICATE OF ACKNOWLEDGMENT
Individual Capacity within the State of New York for Real Property

State of New York )

County of ) ss.:

On the day of in the year before me, the undersigned,
personally appeared personally known to me or proved to
me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity, and that by
his signature on the instrument, the individual, or the person upon behalf of which the individual acted,
executed the instrument.

Signature and Office of Person Taking Acknowledgement

Type/Print Name:

Individual Capacity Outside the State of New York for Real Property

State of )

County of ) ss.:

On the day of in the year before me, the undersigned,
personally appeared personally known to me or proved to
me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity, and that by
his signature on the instrument, the individual, or the person upon behalf of which the individual acted,
executed the instrument and that such individual made such appearance before the undersigned in the
.

Signature and Office of Person Taking Acknowledgement

Type/Print Name:

CERTIFICATE OF ACKNOWLEDGMENT
Individual Capacity within the State of New York for Real Property

State of New York )

County of ) ss.:

On the day of in the year before me, the undersigned,
personally appeared personally known to me or proved to
me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity, and that by
his signature on the instrument, the individual, or the person upon behalf of which the individual acted,
executed the instrument.

Signature and Office of Person Taking Acknowledgement

Type/Print Name:

Individual Capacity Outside the State of New York for Real Property

State of )

County of ) ss.:

On the day of in the year before me, the undersigned,
personally appeared personally known to me or proved to
me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity, and that by
his signature on the instrument, the individual, or the person upon behalf of which the individual acted,
executed the instrument and that such individual made such appearance before the undersigned in the
.

Signature and Office of Person Taking Acknowledgement

Type/Print Name:

EXHIBIT A

Parties of the First Part:

Party of the Second Part:

Legal Description:

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What a Bargain and Sale Deed Is and when it’s used

A Bargain and Sale Deed is a real estate conveyance document commonly used in the United States to transfer ownership interest in real property without the grantor expressly guaranteeing clear title beyond the period they held it. The deed conveys whatever interest the grantor possesses at the time of transfer and typically includes a legal description of the property, identification of grantor and grantee, and language effecting conveyance. It is often used in transactions where the seller does not provide a full warranty of title but intends to pass their present interest to the buyer.

Why a Bargain and Sale Deed matters in property transfers

The Bargain and Sale Deed provides a clear, concise method for transferring ownership when grantors cannot or will not provide warranty protections. It simplifies conveyance language, is widely accepted by many recorders' offices, and can be appropriate for transactions involving estates, foreclosures, or transfers by certain entities.

Why a Bargain and Sale Deed matters in property transfers

Who typically prepares and receives this deed

The Bargain and Sale Deed is most commonly used by sellers who convey property without extended title warranties and by buyers accepting property 'as is'.

  • Private sellers transferring property without full warranty
  • Executors or administrators conveying estate property
  • Institutional sellers such as banks after foreclosure sales

Parties should consult title professionals when gaps in title warranty or recording consequences could affect future ownership or financing.

Key parties and their roles

Grantor, Seller

The person or entity transferring ownership. The grantor warrants they have the interest conveyed but typically does not guarantee against prior defects; accuracy in name and capacity is required for recording.

Grantee, Buyer

The recipient of the conveyance who accepts the property subject to existing title conditions; the grantee's correct legal name and address must appear for tax and recording purposes.

Essential technical and compliance considerations

Encryption: AES-256 at rest
In-transit security: TLS 1.2/1.3
Audit trail: Timestamped signing log
HIPAA support: BAA available
Signature law: ESIGN and UETA compliant
File formats: PDF and DOCX supported

Core elements to include in a professional Bargain and Sale Deed

A properly prepared deed reduces recording delays and title issues. Include standard clauses and supporting descriptions to ensure clarity for the recorder and title companies.

Granting Clause

Clear conveyance language stating the grantor transfers to the grantee all interest held; precise language avoids ambiguity and clarifies the deed type for title examiners.

Legal Description

Complete metes-and-bounds or lot-and-block description as recorded; a parcel identification number alone is usually insufficient for legal conveyance.

Consideration Statement

Specify the consideration amount or a nominal dollar figure; some counties require a stated consideration for tax assessment and recording.

Grantor Identification

Full legal name and capacity (individual, trustee, corporation) to prevent misindexing and to ensure correct chain of title.

Grantee Identification

Full legal name, type of entity if applicable, and mailing address for tax notices and recorded instrument returns.

Notary Acknowledgement

State-specific acknowledgement block signed by a notary; most jurisdictions require notarization before recording.

Step-by-step: completing and recording the deed

Follow these steps to prepare, authenticate, and record a Bargain and Sale Deed with minimal processing delays.

  • 01
    Prepare: Assemble legal description, names, and consideration details.
  • 02
    Draft: Populate deed template and include grantor capacity language.
  • 03
    Authenticate: Have signatures notarized or remotely notarized per state rules.
  • 04
    Record: Submit to county recorder with payment and return address.

Typical e-signing and e-submission workflow for deeds

Electronic completion and submission can accelerate transactions if state rules for notarization and recording are met; ensure each step preserves evidence of intent and consent.

  • Upload: Upload deed PDF to the e-sign platform.
  • Place Fields: Add signature, date, and notary blocks.
  • Send to Signer: Deliver via email or secure link for signing.
  • Store: Save executed deed and audit trail for recording and retention.

Configuring an online signing workflow for a deed

Configure authentication, field requirements, and notarization options to match the recording jurisdiction and the parties’ needs.

Workflow configuration field name header Configuration and recommended value
Signature authentication method Email link with SMS code or stronger
Notary / RON option Select remote notarization when allowed
Return address for recording Enter county recorder return info
Attach supporting documents Title affidavit, prior deed, and tax forms

Technical and integration considerations for electronic deeds

Ensure the signing platform supports required file formats, secure authentication, and notarization workflows that comply with state rules.

  • Formats supported: PDF, PDF/A, DOCX
  • Authentication options: Email, SMS, KBA where permitted
  • Integrations: CRM, cloud storage, and recorder APIs

Confirm integrations with title companies or county recorder portals and preserve the complete audit trail and executed files for delivery and retention.

Timing and recording expectations

Recording timelines and deadlines vary by county; plan ahead for notary scheduling, RON session retention, and county clerk turnaround times.

Notarization timing:

Sign and notarize before submitting for recordation.

Recording window:

Many counties record same-day to several business days.

Return of recorded deed:

Recorder will mail or return electronically per instructions.

RON recording retention:

Audio-video sessions typically retained 5–10 years.

Tax filing impact:

Transfer date affects local property tax assessment timing.

Key milestone timeline from signing to recorded deed

A typical sequence shows distinct stages: execution, notarization, submission, and recording with attendant waiting periods.

01

Execution Complete

All grantor signatures are obtained and dated.

02

Notarization Performed

Notary acknowledgement is completed and stamped.

03

Recorders Office Submission

Document submitted with fees and return instructions.

04

Recording and Return

Recorder records instrument and returns certified copy.

Common preparation and recording pitfalls

  • Incorrect legal description copied from a tax bill rather than the recorded deed leads to recording rejection and delays.
  • Using abbreviated or inconsistent party names can cause the recorder to index the deed under the wrong party.
  • Failure to include appropriate notary acknowledgment or witness language for the state causes rejection or a need to re-execute.
  • Not verifying county-specific transfer tax or documentary stamp calculations can result in penalties or refusal to accept the deed.

Consequences of errors or omissions

Recording Rejection: Requires re-execution
Title Issues: Defective chain of title
Tax Penalties: Local transfer tax fines
Notarization Invalid: Deed may be voided
Delayed Financing: Lender may withhold funds
Legal Costs: Attorney and cure expenses

eSignature vendor comparison for executing and managing deeds

Compare common vendor attributes and starting prices when selecting an eSignature provider for deed execution and secure storage.

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 Yes, 7-day trial No No No No
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Real examples of Bargain and Sale Deed usage

These short examples show how organizations use concise deeds to transfer property without extended title warranties.

Martin Properties

A small real estate firm transferred a foreclosed lot using a Bargain and Sale Deed for expediency.

  • The deed passed the grantor’s present interest.
  • The firm stored the notarized original and electronic copy with a full audit trail to satisfy title company requirements for resale and financing.

Fertility Centers of Illinois

An institutional seller used the deed to convey surplus property during reorganization.

  • Consideration was stated and legal description copied from prior record.
  • Counsel provided a short title affidavit; the county recorder accepted the deed and recorded it with standard fees, enabling clear transfer of possession.

Practical tips for accuracy and faster recording

Use these practices to reduce processing time, minimize rejections, and protect the chain of title.

Verify names and capacity
Confirm legal entity names and signing authority; use exact spelling to avoid indexing errors and title problems.
Use recorded legal descriptions
Always use the exact recorded description rather than street addresses to ensure proper identification of the parcel.
Check county rules
Confirm recorder requirements for margins, fees, and return instructions before submission.
Preserve the audit trail
Keep executed PDF, notarization evidence, and eSignature audit logs for record retention and dispute resolution.

Frequently asked questions about Bargain and Sale Deeds

Answers to common legal, recording, and electronic signing questions for Bargain and Sale Deeds in the United States.


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