Grant deeds, commonly called”California Grant Deeds” because they’re used just in California, are composed documents offering specific protections to house buyers. It’s a type of insurance policy that the seller of a property provides to the purchaser of that property to be certain that the buyer has no ethical or financial liability for future challenges to the property's ownership.
What’s a Grant Deed?
A grant deed is a written tool employed in California for reassuring to a purchaser that the purchaser will bear no responsibility for any future unforeseen claims or encumbrances that might be charged against the land, as long as the claim pre-dates the buyer’s property closure. Any claims will be the entire obligation of the seller. In every other state, grant deeds are called”guarantee deeds.”
Components
A grant deed must be in writing. The legislation doesn’t recognize verbal deeds of any type. The grant deed actually filed must also be an original, not a photocopy. Digital files aren’t thought to be legal, either. The deed must indicate who the parties involved are and stipulate that will be the grantor (the seller) and which the grantee (the buyer). Grant deeds must clearly list the property they cover. The deed must also say in writing what it is that has been ensured, namely that the land is owned free and clear by the grantor, and the grantor assumes responsibility for settling any future claims or encumbrances. When there is a time limitation on the guarantee, it must be mentioned on the deed. Last, the deed must be signed and notarized.
Time Limits
The strongest guarantee to get a purchaser is in case the grant deed stipulates that the seller keeps responsibility for any future asserts that date prior to the final, even those that pre-date the seller’s owning of their property. This is parallel to general warranty deeds in other states. It’s also feasible that the deed only makes the assurance for future claims dating from the time of the seller’s ownership. In other states, this is somewhat like a special (or limited) warranty deed.
Seller's Obligation
If the seller cannot establish that a claim challenge is untrue, then the seller is obliged to pay whatever amount is required to repay the claim. If the claim cannot be settled and the purchaser needs to give up ownership, then the seller is going to have to provide the price of the property back to the purchaser. The seller will also have to reimburse the purchaser for cash spent enhancing the property.
How to File a Grant Deed
Grant deeds do not, by law, must be filed. On the other hand, the strongest protection for a purchaser would be to file the deed at the time of property closure. Filing takes place, for a small filing fee, in the County Recorder’s Office in the county where the final takes place.