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New York Bargain and Sale Deed Without Covenants

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NEW YORK BARGAIN AND SALE DEED

BARGAIN AND SALE DEED

(Covenant Against Grantor's Acts)

THIS INDENTURE, made the day of , 20

BETWEEN

and

Husband and Wife,

residing at

party of the first part, and

and

as Trustees of the

whose address is

party of the second part,

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

See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full

Legal Description:

TOGETHER with all right, title and interest, if any, of the party 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 party of the first part in and to said premises;

Bargain and Sell Deed Page 1 of 4

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

AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party 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 party of the first part has duly executed this deed the day and year first above written.

(1st Grantor's Signature)

Type or Print Name

(2nd Grantor's 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:

Bargain and Sell Deed Page 2 of 4

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:

Bargain and Sell Deed Page 3 of 4

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:

Bargain and Sell Deed Page 4 of 4

EXHIBIT A

Bargain and Sell Deed Exhibit A

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What the New York Bargain and Sale Deed Without Covenants Is

A New York Bargain and Sale Deed Without Covenants transfers real property title from a grantor to a grantee without the seller guaranteeing against prior title defects. It conveys whatever interest the grantor holds at the time of execution but does not contain express warranties or covenants of title. In New York this deed form is commonly used in commercial transactions, some residential transfers, and estate matters where the buyer accepts the property subject to existing title conditions. The deed still requires proper execution, notarization, and recording to affect third-party rights.

Why this Deed Is Used and What It Provides

The Bargain and Sale Deed Without Covenants provides a clear, concise transfer of whatever interest the seller holds while limiting the seller’s post-closing warranty obligations, which can reduce negotiation points and expedite closings.

Why this Deed Is Used and What It Provides

Who Commonly Prepares and Accepts This Deed

Typical parties and professionals involved before, during, and after a transaction.

  • Buyers and investors who will accept title subject to existing defects or liens and assume responsibility for remedies.
  • Sellers seeking to limit future warranty exposure and minimize post-closing liability in commercial or estate sales.
  • Title professionals and closing attorneys who prepare, review, and clear title for recording and insurance issuance.

Use counsel or a title company when questions about title, liens, or tax consequences arise.

Step-by-Step: Completing a New York Bargain and Sale Deed Without Covenants

Follow these sequential steps to prepare, execute, and record the deed correctly.

  • 01
    1. Gather Title Documents: Collect prior deed, survey, and title report.
  • 02
    2. Draft Deed: Insert accurate names, consideration, and legal description.
  • 03
    3. Execute: Sign before a licensed notary public.
  • 04
    4. Record: Submit to county recorder with required fees and forms.

Core Elements Every Professional Version Should Include

A professional Bargain and Sale Deed Without Covenants for New York combines statutory acknowledgments with precise conveyance language to ensure recordability and reflect the parties’ intent.

Granting Clause

Clear conveyance language stating the grantor conveys and transfers the described interest to the grantee without covenants or warranties of title, preserving the intended limitation on seller liability.

Consideration Recital

A concise statement of consideration (amount or nominal language) that supports the transfer and can be used for tax or transfer tax determinations.

Legal Description

Full recorded property description (metes-and-bounds or lot-block) matching the prior recorded deed to avoid recorder rejection or title ambiguity.

Notary Acknowledgement

Statutorily compliant notary block acknowledging grantor’s signature; required for recording in New York and most other jurisdictions.

Reference to Prior Instrument

Optional clause referencing prior deed book/page or instrument number to clarify chain of title continuity.

Execution and Delivery

Signature lines for grantor (and spouse if required), dated execution, and language indicating intent to deliver the deed to effectuate transfer.

Supporting Documents to Attach with the Deed

Include core supporting documents to streamline recording and title insurance issuance.

Proof of Authority

For corporations or LLCs, include a certified resolution or officer’s certificate showing authority to execute the deed on behalf of the entity.

Tax Forms

Complete applicable transfer tax forms and any county-specific transfer affidavits required at recording.

Warranty or Indemnity Letters

Optional seller statements regarding unpaid assessments, utility liens, or environmental conditions when requested by buyer or title company.

Closing Statement

A HUD-1-style or settlement statement showing consideration, prorations, and adjustments for closing ledger and tax basis.

How to Configure an Online Signing Workflow

Set up a digital workflow that mirrors the in-person closing while preserving chain-of-custody and notarization requirements.

Field Configuration
Upload Document Use PDF/A format and attach supporting exhibits.
Signature Order Set grantor signing before grantee where required by closing protocol.
Authentication Enable multifactor or SMS verification for critical signers.
Notary Integration Include remote online notary or in-person notarization step as required.

Where to File and How the Recording Process Works

Recording is county-based; follow local recorder requirements and include required transfer tax documentation.

  • County Recorder: Submit deed and transfer forms to the county recording office where property is located.
  • Transfer Taxes: Attach state and local transfer tax forms and pay required taxes before or at recording.
  • Recording Receipt: Obtain a stamped copy or recording number as proof of filing.
  • Title Update: Provide recorded deed to title insurer to update the owner-of-record.

Digital Signing and eSubmission: Technical Considerations

Use an eSignature platform that supports PDF signing, audit trails, and integrations with storage or title systems.

  • File Formats: PDF, DOCX supported
  • Integrations: Salesforce, NetSuite, Google Workspace
  • Authentication: Email, SMS, or advanced options

Ensure the chosen flow preserves the notary and recording requirements; when using remote notarization, retain required recordings and logs for compliance.

Timelines, Deadlines, and Recording Expectations

Plan timing around execution, notary scheduling, transfer tax filing, and local recorder processing windows.

Execution Date:

Date used to establish conveyance and potential tax proration.

Notarization Window:

Sign in presence of notary or complete RON session prior to recording.

Transfer Tax Filing:

File state and local transfer tax forms at or before recording.

Recording Turnaround:

County processing varies; same-day to several weeks.

Title Insurance Update:

Provide recorded deed to insurer to finalize policy issuance.

Key Milestones from Contract to Recordation

A standard milestone sequence helps coordinate signers, notary, and recorder across closing parties.

01

Contract Execution

Purchase contract signed and conditions satisfied.

02

Deed Preparation

Draft deed and supporting exhibits for review.

03

Signing & Notarization

Grantor signs before notary; witness rules applied.

04

Recording

Deed delivered to county recorder; obtain stamp or instrument number.

Common Mistakes That Delay or Invalidate Recordation

  • Using an incomplete or abbreviated legal description that does not match the prior recorded deed leads to rejection at the county recorder.
  • Mismatched grantor or grantee names (omitting middle initials, incorrect entity form) can stop recording and block title insurance issuance.
  • Attempting to rely on initials or unsigned witness lines when statutes or county rules require full signatures and acknowledgments will invalidate the document.
  • Failing to attach required transfer tax forms or to pay municipal recording fees often results in returned documents and reopening of the closing.

Risks and Potential Consequences of Errors

Recording Rejection: Delay in chain of title
Title Insurance Refusal: Coverage gaps possible
Tax Liability: Transfer tax penalties
Legal Challenge: Clouded title claims
Notary Noncompliance: Voidable execution
Costs: Additional legal fees

Real-World Examples from SignNow Customers

These use cases illustrate how secure eSignature workflows support property transfers and closings in practice.

Optica Ventures LLC

The interface is simple and easy-to-use for our team.

  • Rapid adoption across mobile and desktop.
  • Brian Fitzgibbons, COO said the simplicity helped close transactions faster while maintaining required compliance and customer ease.

Martin Properties

I can process and execute all of these documents online with 100% compliance.

  • Mobile or offline signing supported.
  • Tim Martin, Founder explained that online execution made remote closings feasible while preserving security and audit trails for recordkeeping.

Practical Tips for Accurate, Efficient Completion

Small process changes reduce rejections and accelerate recording.

Verify Legal Names
Confirm grantor and grantee names against government ID or corporate formation documents; consistent naming prevents recording holds and title insurance complications.
Use Recorded Descriptions
Copy the legal description verbatim from the prior recorded deed rather than a tax parcel shorthand to avoid recorder rejection and ambiguities in title.
Coordinate Notary and Witnesses
Schedule notarization with witness availability and confirm state witness rules in advance so all execution requirements are satisfied in a single session.
Retain Audit Trails
When using electronic workflows, preserve audit logs, RON recordings, and signed PDFs to meet statutory retention and evidentiary requirements.

eSignature Vendor Pricing and Feature Snapshot for Deed Workflows

Compare basic pricing and commonly referenced compliance features relevant to deed execution and document retention. Pricing models vary by billing frequency and plan tier.

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 Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

FAQs and Troubleshooting for New York Bargain and Sale Deeds

Answers to frequent procedural and legal questions encountered when preparing, signing, or recording these deeds.


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