Which type of deed protects the buyer against prior claims of title during or before the seller's ownership?

Prepare for the Massachusetts Real Estate Salesperson licensing exam. Utilize a variety of study modes, including flashcards and multiple-choice questions with comprehensive explanations. Achieve exam success!

A General Warranty Deed is the type of deed that offers the highest level of protection for the buyer. It guarantees that the seller holds clear title to the property and has the legal right to sell it. This type of deed protects the buyer against any prior claims on the title that may have arisen before or during the seller's ownership.

When a General Warranty Deed is executed, the seller makes several important promises, or covenants, including:

  1. Covenant of Seisin: The seller has rightful ownership and the power to transfer the property.

  2. Covenant Against Encumbrances: The property is free from liens or other encumbrances, except those specifically disclosed.

  3. Covenant of Quiet Enjoyment: The buyer will not be disturbed in their enjoyment of the property due to claims from others.

  4. Covenant of Further Assurance: The seller will take necessary steps to correct any issues regarding title that may arise in the future.

These protections are why buyers prefer General Warranty Deeds, as they can rely on the seller's assurances about the property's title history, providing peace of mind during the transaction.

In contrast, a Special Warranty Deed only protects the buyer against

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