What is a statutory warranty deed and how does it affect a real estate dispute?
A statutory warranty deed is a legal document used in real estate transactions in California. This document provides assurances to the buyer that the title to the property is free from any encumbrance. When a statutory warranty deed is used in the transaction, the seller of the property is guaranteeing, or “warranting” the title to the buyer. The use of a statutory warranty deed is important in any real estate dispute because it ensures that the seller has good title to the property and that there are no existing liens or other encumbrances on the property prior to the sale. The warranty deed also provides for the buyer to seek recourse if the title is found to be encumbered or otherwise invalid within a certain period of time after the transaction. If the title to the property is found to be invalid and the buyer demands relief or restitution, the seller may be liable to the buyer depending on the specific language contained in the statutory warranty deed. The seller may be liable for any losses or damages suffered by the buyer due to the invalid title. The statutory warranty deed is an important legal document in any real estate transaction in California. It protects the buyer by providing a guarantee that the title to the property is valid and free from any encumbrances. If the title is found to be invalid, the buyer may seek recourse from the seller depending on the language contained in the document.
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