GRANT DEEDS

The usual way to obtain title to California real property is through a grant deed.  A grant deed grants the property to the person to whom the deed is made.  California Civil Code 1092.

Unless the deed states to the contrary, it contains implied covenants that: (1) the property has not been previously conveyed to anyone else; and (2) there are no liens or encumbrances against the property.  Civil Code Section 1113.  A grant deed has no other implied warranties.  A grant deed, for example, contains no implied promises that the land is any particular condition.  Gustafson v. Dunham (1962) 204 Cal. App. 2d 10.

Unless the grant deed expressly states that the seller promises the buyer good title, a grant deed does not promise that the seller will receive good title.  Parsons v. Clarke (1928) 24 F. 32d 338.

If these implied covenants are not true, then the purchaser can rescind the contract, get his or her money back or sue for damages.  A grant deed is the ordinary way to convey real property in California.

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