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Unlike acquisition through a deed of sale, a quiet title action will give the party seeking such relief no cause of action against previous owners of the property, unless the plaintiff in the quiet title action acquired its interest through a warranty deed and had to bring the action to settle defects that existed when the warranty deed was ...
1. If O conveys property she doesn't own to A by warranty deed, but O later acquires title to that land, then title immediately passes to A.. 2. However, if, as above, O conveys property she doesn't own to A by warranty deed, but O later acquires title to that land, A may elect to treat O's lack of title at the time of the conveyance as a breach of the covenants of seisin and right to convey ...
other forms of performance-based contracting; non-performance based contracting. [16]: Section 821(a) PBC is widely applied in the Australian defence sector, primarily by the major acquisition and support organisation, the former Defence Materiel Organisation (DMO). It is particularly useful in the defence environment because of the inherent ...
This assures grantee there are no legal claims to the property by third parties, and no taxes are owed on the property that would restrict its sale. Some jurisdictions use the warranty deed to transfer real property instead of the grant deed. The warranty deed adds the additional guarantee that the grantor will defend the title against any ...
The ghost of claims past. This Florida woman bought a flood insurance policy for $8,600 — but after her home flooded during Tropical Storm Debby, her nearly $100K claim was denied due to a major ...
[171] [172] A claim for specific performance may be for the payment of a sum of money (ad pecuniam solvendum), a claim for the performance of some positive act other than payment of money (ad factum praestandum) or a claim to enforce a negative obligation. The remedy of specific performance is not absolute and does not guarantee success.
Often, however, the basic differences between them is the degree to which the grantor warrants the title. The grantor may give a general warranty of title against any claims, or the warranty may be limited to only claims which occurred after the grantor obtained the real estate. The latter type of deed is usually known as a special warranty deed.
The court viewed as unjust scenarios where manufacturers could advertise and profit from claims of product suitability but then escape liability where those claims proved untrue. In the court's view, the manufacturer's advertisements of product suitability represented an implied warranty to consumers, and that warranty accompanied every car the ...