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Covenant of Warranty: Key Insights into Its Legal Significance
Definition & Meaning
The covenant of warranty is a legal promise made by a seller (the covenantor) to a buyer (the covenantee) that the buyer will have full ownership of the property without any interruptions from outside claims. This covenant assures that if any issues arise regarding the title of the property, the covenantor will defend the buyer against such claims. Essentially, it guarantees that the buyer can enjoy the property peacefully and that they will not be evicted due to any superior claims on the property.
Table of content
Legal Use & context
The covenant of warranty is primarily used in real estate transactions. It is a crucial part of property deeds and sales agreements, ensuring that buyers receive clear title to the property. This term is relevant in civil law, particularly in property law, and can be found in various legal documents, including warranty deeds and real estate contracts. Users can manage related forms through platforms like US Legal Forms, which provide templates drafted by qualified attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A homeowner sells their property and includes a covenant of warranty in the sales contract. If a third party later claims ownership of the property, the seller must defend the buyer against that claim.
Example 2: A property is sold with a warranty deed, assuring the buyer that they will not face eviction due to any prior claims on the title (hypothetical example).
State-by-state differences
State
Variation
California
California recognizes both express and implied warranties in property transactions.
Texas
In Texas, the warranty of title is often included in the sale of real estate, but specific statutory language is required.
New York
New York law provides for a covenant of warranty in most real estate transactions, ensuring protection against title defects.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Covenant of Quiet Enjoyment
A promise that the tenant will have peaceful possession of the property.
Focuses on the tenant's right to enjoy the property without interference.
Covenant of Seisin
A promise that the seller owns the property and has the right to sell it.
Emphasizes ownership rather than protection against claims.
Common misunderstandings
What to do if this term applies to you
If you are involved in a property transaction, ensure that a covenant of warranty is included in your sales agreement. This will protect your ownership rights. If you face any claims against your property, consider consulting a legal professional for assistance. Additionally, you can explore US Legal Forms for templates that can help you draft the necessary documents.
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