the usual covenants

covenants, the usual

The use of this expression in a real estate contract refers to the seller's obligation regarding the type of deed the seller will execute.The three usual choices are a general warranty deed,a special warranty deed,or a quitclaim deed.The general warranty deed gives assurances and promises regarding the quality of the title being transferred; a special warranty deed merely promises that the seller has not done anything to injure the title, but makes no promises about other parties and their possible claims;while a quitclaim deed merely transfers any interest the seller might have,not that the seller is saying he or she owned anything at all.As a general rule,courts have construed contract language requiring execution of a deed “with the usual covenants”to mean a general warranty deed with the covenants of seisin, right to convey, against encumbrances, quiet enjoyment,warranty,and further assurances.

The Complete Real Estate Encyclopedia by Denise L. Evans, JD & O. William Evans, JD. Copyright © 2007 by The McGraw-Hill Companies, Inc.