Bargain and Sale Deed: What It Promises by State

A bargain and sale deed transfers the owner's title to real estate. In its plain form it makes no warranty that the property is free of liens or other claims. What makes it unusual is how much the promise changes by state: some statutes read covenants into the words, and others read in none.

Pillar, a land research software company, wrote this guide. Deed law is state law, so each statute and form below applies only in the state or to the organization named. We checked every source on November 14, 2026. This is general information, not legal advice. Confirm the rules for your property with a licensed attorney in your state.

What is a bargain and sale deed?

A deed does two jobs. It conveys the property, and it can carry covenants, which are the seller's promises about the title. The seller is the grantor and the buyer is the grantee. Our deed vs title guide explains the difference between the document and the ownership it transfers.

The granting words vary. In the forms cited below, the grantor "bargains, sells, and conveys" (Washington), "conveys" (Oregon), "sell(s) and convey(s)" (Colorado) or "grant(s), bargain(s), sell(s) and convey(s)" (a Nevada title company form). Each recites a consideration, but a price is not what makes the deed work: Colorado's statute says a properly executed deed is a conveyance "regardless of whether the deed recites valuable consideration or whether valuable consideration has been given for the deed" (C.R.S. 38-30-113(3), in HB 19-1098).

You will see two versions:

• Without covenants. The deed adds no express promises. Whether the law reads promises into it anyway depends on the state.
• With covenants. The deed adds a promise. In the New York and New Jersey versions, it is that the seller has done nothing to encumber the property. New York's statutory form is "With Covenant against Grantor." A New Jersey practice guide calls its version a "bargain and sale deed with covenants against grantor's acts."

Bargain and sale deed by state: the same words, different promises

These six states show how far the meaning moves. Read your own state's statute before you rely on any of them.

• New York: two forms, and no implied covenants. Real Property Law section 258 gives a "Bargain and Sale Deed" form "Without Covenant against Grantor" and one "With Covenant against Grantor" (N.Y. RPL 258). In the second, the grantor covenants that he "has not done or suffered anything whereby the said premises have been incumbered." Section 253(6) spells out how New York construes that covenant in grants of freehold interests (RPL 253). Without that covenant, the form promises nothing about the title, because "A covenant is not implied in a conveyance of real property, whether the conveyance contains any special covenant or not" (RPL 251).
• New Jersey: the covenant is defined by statute. A covenant in a deed "that he has done no act to encumber the said lands" has the same effect as a covenant that the grantor "had not done or executed, or knowingly suffered to be done or executed, any act, deed or thing whereby the lands and premises conveyed, or intended so to be or any part thereof, are or will be changed, charged, altered, affected, defeated, or encumbered in title, estate or otherwise" (N.J.S.A. 46:4-6). Note "knowingly." A Practical Law guide to New Jersey commercial real estate by three Greenbaum, Rowe, Smith & Davis lawyers says the bargain and sale deed with covenants against grantor's acts "essentially serves the same purpose as the special warranty deed but is more commonly used" (Real Estate Ownership: New Jersey, law stated as of July 22, 2025).
• Washington: covenants are implied by statute. A duly executed deed substantially in the statutory form, in which the grantor "bargains, sells, and conveys," shall be "adjudged an express covenant" that "the grantor was seized of an indefeasible estate in fee simple, free from encumbrances, done or suffered from the grantor, except the rents and services that may be reserved, and also for quiet enjoyment against the grantor, his or her heirs and assigns, unless limited by express words contained in such deed" (RCW 64.04.040).
• Oregon: no covenants of title, but an estoppel. In the statutory form the grantor simply "conveys." The deed conveys "the entire interest in the described property at the date of the deed which the deed purports to convey," bars the grantor and the grantor's heirs, successors and assigns from claiming the grantor had less than that, and "shall pass any and all after acquired title." But it "shall not operate to provide any covenants of title in the grantee and the successors of the grantee" (ORS 93.860).
• Colorado: no covenants of warranty, with after-acquired title. Since House Bill 19-1098, approved March 7, 2019, Colorado's statute says a deed in substantially its "sell(s) and convey(s)" form "that does not include words of warranty has the same force and effect as a bargain and sale deed at common law, but without covenants of warranty, and passes the after-acquired title of the grantor" (C.R.S. 38-30-113(1), as amended). The act applies to deeds executed on or after its effective date, and it repealed the older bargain and sale section, 38-30-115.
• Nevada: "grant, bargain and sell" imply two covenants. In a conveyance made after December 2, 1861 that passes an estate of inheritance or fee simple, those words, "unless restrained by express terms contained in such conveyances," are construed as two express covenants "and none other": that before the deed the grantor "has not conveyed the same real property, or any right, title, or interest therein, to any person other than the grantee," and that the property is "free from encumbrances, done, made or suffered by the grantor, or any person claiming under the grantor" (NRS 111.170). Old Republic Title's Nevada form is titled "Grant, Bargain and Sale Deed."

So a plain bargain and sale deed carries no covenants of title in Oregon or Colorado, and New York's form without the covenant carries none. In Washington and Nevada the statute reads promises into the granting words. As we read them, the encumbrance promises reach the seller's own acts, not the title's whole history. How far Washington's seisin covenant reaches is a question for a Washington lawyer.

A worked example: one deed, two defects, six states

This is an illustration, not a real parcel, measured against the statute text quoted above.

1. 2015. An earlier owner signs a mortgage on a 20-acre tract. It is recorded and never released. This is defect 1. It arose before your seller owned the land.
2. 2019. Your seller buys the tract.
3. 2023. Your seller grants a recorded drainage easement across the frontage to a neighbor. This is defect 2. The seller created it.
4. 2026. The seller gives you a bargain and sale deed. It does not list the easement as an exception, and nobody ran a title search.

As we read each statute, here is what you could claim from the seller on the deed:

• New York, form without covenant: nothing for either defect.
• New York, form with covenant against grantor: defect 2, an encumbrance the seller created. Not defect 1.
• New Jersey, covenant as to grantor's acts: defect 2. Not defect 1.
• Washington: defect 2, an encumbrance "done or suffered from the grantor." Not defect 1 under that covenant.
• Nevada: defect 2, an encumbrance "done, made or suffered by the grantor." Not defect 1.
• Oregon and Colorado: nothing for either. Their plain forms carry no covenants of title.

Two lessons. First, the deed type does not remove a defect. Both burden the land in every version; the deed only decides whether you have someone to sue. Second, Washington's and Nevada's covenants give way to express words in the deed. As we read those statutes, had the seller listed the easement as an exception, you would have no claim for it either.

Bargain and sale deed vs warranty deed vs quitclaim deed

Oregon has a statutory form for each of the four common deeds. Here is each promise in the warranty deed (ORS 93.850), special warranty deed (93.855), bargain and sale deed (93.860) and quitclaim deed (93.865), all in ORS chapter 93.

• Estoppel and after-acquired title. Warranty, special warranty and bargain and sale: the deed "shall pass any and all after acquired title." Quitclaim: it "shall not transfer any title or interest which the grantor may thereafter obtain nor shall it operate as an estoppel."
• The seller owns the estate and has the right to convey it. Warranty and special warranty: yes. Bargain and sale and quitclaim: no covenant.
• No encumbrances. Warranty: free from encumbrances "except as specifically set forth on the deed." Special warranty: limited to encumbrances "created or suffered by the grantor." Bargain and sale and quitclaim: no covenant.
• The seller will defend the title. Warranty: "against all persons who may lawfully claim the same." Special warranty: against those claiming "by, through or under the grantor." Bargain and sale and quitclaim: no covenant.

Outside Oregon, the comparison shifts. As we read the statutes, the New York and New Jersey versions with a grantor's-acts covenant, and the plain form in Washington and Nevada, promise something close to a special warranty deed: nothing the seller did has burdened the title. A special warranty in Oregon or New Jersey also promises to defend the title against people claiming through the seller (ORS 93.855, N.J.S.A. 46:4-8). Our special warranty deed guide covers that deed in seven states.

Who uses a bargain and sale deed, and when?

We found no published count of deed types. These are documented uses.

• New York condominium sales. The condominium contract of sale approved by committees of the New York City Bar and the New York State Bar Association calls for a "Bargain and sale deed with __________ covenant against grantor's acts" (form, section 3.1.1).
• Oregon county tax-foreclosure sales. Under the agreement for Multnomah County's May 6, 2024 public sale of tax-foreclosed property, the county delivers "a statutory bargain and sale deed." The agreement also says "County does not provide title insurance" and that the property is sold "AS IS, WHERE IS" (earnest money agreement).
• Oregon family transfers and easements. A 2019 article by an Oregon lawyer says the form is "useful in conveying interests in property to family members or related entities" (after checking that the transfer will not invalidate an existing title policy) and is "also used to convey lesser interests in property, such as easements" (Jordan Ramis, June 27, 2019). For an easement, the article says the deed must expressly state that the interest conveyed is limited to the easement.
• Colorado fiduciaries and officials. The Colorado Association of Realtors says bargain and sale deeds "are uncommon in a typical residential conveyance." It says the form is often what people call a personal representative's, treasurer's, trustee or guardian deed, "typically signed by some third-party fiduciary or government official" (Good Deeds, Bad Deeds, December 18, 2018).
• New Jersey commercial deals. See the Practical Law guide above.

Related New York forms make different promises. RPL 258 has a separate referee's deed in foreclosure with no covenant, and a separate executor's deed with one covenant, that the executor "has not done or suffered anything whereby the said premises have been incumbered" (RPL 258).

Pages such as LegalZoom's say the deed is most often used in foreclosures, tax sales and estates. We found no primary source for that as a national pattern.

Does a bargain and sale deed pass after-acquired title?

After-acquired title is title the seller gets after signing the deed. Say a seller deeds you land they do not yet own, then acquires the title. These statutes address whether that later title passes to you:

• Oregon: yes. The bargain and sale deed "shall pass any and all after acquired title" (ORS 93.860). The statutory quitclaim does not (ORS 93.865).
• Colorado: yes. The form "passes the after-acquired title of the grantor." Colorado's quitclaim form "passes no after-acquired title of the grantor" (HB 19-1098).
• Washington: when a person conveys land by deed without title and later acquires it, "such title shall inure to the benefit of the purchasers" (RCW 64.04.070). Washington's quitclaim "shall not extend to the after acquired title unless words are added expressing such intention" (RCW 64.04.050).
• Nevada: a conveyance "purporting to convey the same in fee simple absolute" passes a legal estate the grantor later acquires (NRS 111.160).

We did not find a New York or New Jersey statute on the point.

How title insurance covers what the deed does not promise

An owner's policy can cover risks no covenant reaches. The 2021 ALTA Owner's Policy insures, "not exceeding the Amount of Insurance," against loss from "The Title being vested other than as stated in Schedule A," "Any defect in or lien or encumbrance on the Title" and "Unmarketable Title," among other covered risks, subject to its exclusions, its Schedule B exceptions and its conditions. It insures "as of the Date of Policy"; Covered Risks 9 and 10 give specified protection after that date, and the policy generally excludes defects that attach or are created later. As we read it, those risks do not turn on which owner caused the problem. (We read the copy posted by Florida's insurance regulator, which has Florida modifications; some states use their own forms.)

Limits to read in that form:

• Schedule B exceptions. Matters listed there are excepted from coverage. Our title commitment guide explains how to read them before closing.
• Survey matters. Encroachments and boundary overlaps are covered "only if" they "would have been disclosed by an accurate and complete land title survey of the Land."

Coverage level matters too. The Oregon article by Jordan Ramis says "A standard title insurance policy does not cover the broad covenants of title that are in a warranty deed," and that a buyer taking a bargain and sale deed who wants a warranty deed's protection "should consider an extended coverage title policy." Some sellers provide no policy, as Multnomah County's agreement shows. Then any policy is yours to order, if an insurer will write one.

Buying land with a bargain and sale deed: what to check before an offer

The deed type shows up in the purchase contract, in the deed itself and in the earlier deeds at the county recorder.

1. Read the deed clause before you sign. New York's condo form leaves a blank for the covenant; Multnomah County's agreement fixes "a statutory bargain and sale deed." If you want a grantor's-acts covenant or a warranty deed, write it into the contract.
2. Look up your state's statute. Do the granting words imply covenants (Washington, Nevada), imply none (New York, Oregon, Colorado), or depend on a covenant written in (New Jersey)? Does the form pass after-acquired title?
3. Read the deed's wording, not its caption. Washington's covenants apply "unless limited by express words," Nevada's "unless restrained by express terms." Ask for the deed form during due diligence, not at closing.
4. Search the title back past the seller. No version of this deed covers earlier owners' problems. Our chain of title guide covers how to trace the owners.
5. Get a title commitment and an owner's policy. Read Schedule B line by line and price extended coverage where offered. If the seller is a county or an estate, ask a title company early whether it will insure.
6. Check what the land is. Match the deed's legal description to the survey and the parcel you walked. Our land buying guide covers survey and access checks.
7. If the seller is financing, settle the deed type now. In a land contract you get the deed when you finish paying, and the contract fixes what kind. See our land contract guide.

Where Pillar fits

Pillar's property search shows the owner, mailing address, acreage and last sale from the available parcel record, so you know whose name to start with at the recorder. It is not a title search and does not show deeds or their covenants.

Quick answers

What is a bargain and sale deed in simple terms? A deed that transfers the owner's title to real estate. The plain form makes no promise that the title is free of liens or claims, though Washington and Nevada read limited promises into its words.

What is the difference between a bargain and sale deed and a warranty deed? The warranty. Oregon's warranty deed promises the property is free of unlisted encumbrances and that the seller will defend the title "against all persons who may lawfully claim the same." Oregon's bargain and sale deed carries no covenants of title.

Is a bargain and sale deed better than a quitclaim deed? As we read the statutes, in Oregon, Colorado and Washington it passes after-acquired title and the statutory quitclaim does not. In Washington and Nevada its wording also implies limited covenants. Compare the two forms in your own state.

Is a bargain and sale deed bad? No. It tells you how much the seller promises, not whether the title is clean. Older problems, like the 2015 mortgage in the example, become your risk, so the protection is a title search and an owner's policy.

What is a bargain and sale deed with covenants? One that adds a promise. In New York and New Jersey it is a promise that the seller has done nothing to encumber the property. New Jersey defines that covenant in N.J.S.A. 46:4-6.

When is a bargain and sale deed used? Documented examples include New York condo sales, Oregon county tax-foreclosure sales and Colorado deeds signed by fiduciaries or officials. Practice varies by state.