Land records · Parcel maps · October 5, 2026
What Is a Bargain and Sale Deed? With and Without Covenants
What is a bargain and sale deed? It transfers title and implies the seller owns it, but makes few or no promises. See both versions and when each is used.
What is a bargain and sale deed? It is a deed that transfers ownership and implies the seller actually holds title to the property, but it does not promise that the title is free of liens, easements, or other claims. It sits between a quitclaim deed, which makes no claim of ownership at all, and a warranty deed, which guarantees title against defects. In some states, especially New York and New Jersey, a version with an added promise is the standard deed for ordinary home sales. This page covers how it works and where you will see it. It is general background, not legal advice.
Two versions
- Bargain and sale deed without covenants. The seller transfers whatever title they hold and implies they own it, but makes no promises beyond that. This is common when the seller has little firsthand knowledge of the property, such as a bank selling a foreclosed home or a court officer selling at auction.
- Bargain and sale deed with covenants against grantor’s acts. The seller adds a promise that they have not done anything to burden the title, such as taking out an unrecorded loan or granting an easement. It does not cover problems created by earlier owners. In practice, this works much like a special warranty deed.
How it compares
| Deed | Implies the seller owns it | Promises about defects |
|---|---|---|
| Quitclaim | No | None |
| Bargain and sale without covenants | Yes | None |
| Bargain and sale with covenants | Yes | Only the seller’s own acts |
| Special warranty | Yes | Only the seller’s period of ownership |
| General warranty | Yes | All defects, from any time |
See what is a special warranty deed and what is a warranty deed for the stronger options.
Where you will see one
- Residential sales in some northeastern states, where the version with covenants is customary.
- Foreclosure and REO sales, where lenders often sell without covenants.
- Tax sales and sheriff’s sales, where the official conveying the property has no knowledge of its history.
- Estate sales, where an executor may use a bargain and sale deed with covenants as to their own acts as executor.
Why buyers still feel protected
A bargain and sale deed offers less built-in protection than a warranty deed, so the real safeguards come from elsewhere: a title search, a title commitment listing any exceptions, and an owner’s title insurance policy. In states where this deed is standard, buyers rarely rely on the deed’s promises to fix a title problem; they rely on the title policy.
Reading the deed
Look at the granting clause. Wording such as “bargains and sells” or “grants and releases” points to this deed type. If there is a separate clause in which the grantor states they have not done or suffered anything to encumber the property, that is the covenant against grantor’s acts. The deed should also include the legal description, the consideration, any transfer tax statement, and the recording information.
Finding one on record
Like other deeds, a bargain and sale deed is recorded with the county clerk, recorder, or register of deeds. Search the grantor-grantee index by the seller’s or buyer’s name. Following each deed back in time builds the chain of title, which is how gaps or old claims come to light.
What is a bargain and sale deed FAQ
Is a bargain and sale deed bad for the buyer?
Not necessarily. It offers fewer promises than a warranty deed, but buyers usually rely on a title search and title insurance for protection, especially where this deed is standard.
What is the difference between a bargain and sale deed and a quitclaim deed?
A bargain and sale deed implies the seller owns the property. A quitclaim deed transfers only whatever interest the grantor might have, with no claim that they own anything.
What does “with covenants against grantor’s acts” mean?
The seller promises they personally did not burden the title with liens, easements, or other claims. It does not cover earlier owners.
Which states use bargain and sale deeds?
New York and New Jersey commonly use the version with covenants for home sales. Many states use them for foreclosure, tax, and estate sales.
Does a bargain and sale deed need to be recorded?
Recording is what puts the public on notice of the transfer, so buyers almost always record it with the county right after closing.