The Real Estate Encyclopedia & Blog

Bargain and Sale Deed

by | Jan 20, 2026

A bargain and sale deed is a type of real estate deed that transfers ownership of a property from a seller to a buyer without guaranteeing that the title is free of problems. It says, in effect, “I own this property and I’m transferring it to you,” but it does not promise that there are no liens, claims, or other title defects.

Basically, the seller gives up whatever ownership interest they have, but the buyer accepts the risk that someone else could later claim a right to the property. Because of this limited protection, bargain and sale deeds are commonly used in situations where the buyer already knows the property’s history, such as transfers between family members, estates, or in foreclosure and tax sale transactions.