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The implied covenants in a grant deed are waived by the ______ and do not apply when?

In this instance, the buyer and seller list all the title changes made by the seller in the grant deed.

User Zeni
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Final answer:

The implied covenants in a grant deed are waived by the grantee when a quitclaim deed is used, or when all title changes made by the seller are explicitly listed, making any implicit warranties about the quality of the title unnecessary.

Step-by-step explanation:

The implied covenants in a grant deed are waived by the grantee and do not apply when the buyer and seller explicitly list all the title changes made by the seller in the grant deed. This can happen in the form of a "quitclaim deed," where no warranties or covenants are being made regarding the quality of the title.

Implied covenants are the guarantees that sellers typically provide in a standard grant deed. They assure the grantee certain aspects about the property's title, such as that the title is free from encumbrances not disclosed in the deed, it is not subject to undisclosed limitations, and the grantor has the legal right to convey the property. By listing all of the title changes directly in the grant deed, these typical warranties are negated. This kind of transparency informs the buyer (grantee) of the exact status of the property's title without any implicit warranties. Therefore, implied covenants are unnecessary in such transactions, and indeed they are waived or not applicable in this scenario.

User Diego Marcos
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