What is a general warranty deed and how does it affect a real estate dispute?
A general warranty deed is a type of deed used in California real estate law that guarantees that the seller actually has the right to transfer the title of the property to the buyer. The deed also provides protection to the buyer in that it gives them the assurance that the title of the property will remain valid and not be subject to any liens or claims by third parties. In the case of a real estate dispute, the general warranty deed can be used to protect the buyer if they are able to prove that the seller either misrepresented or failed to disclose information about the property or its title during the sale. If the buyer can show that the condition of the title was different than what was represented by the seller, the buyer may be able to file a lawsuit against the seller for breach of the general warranty deed. The general warranty deed also impacts the nature of a real estate dispute in that it helps to establish a trust between the buyer and seller by providing legal proof that the title of the property is solid and that any claims of third-party liens are invalid. If a dispute arises between the buyer and seller, the presence of the general warranty deed also provides a legal basis for the buyer to pursue a claim against the seller for any damages that they may have suffered because of the breach of the deed.
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