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Giving real property is legally binding and given without consideration from the grantee. The grantee can't enforce warranties against the grantor. It wouldn't be a gift if the deed were given with consideration from the grantee...

a. Sarah got a great deal on her property at an auction.
b. Bill's uncle gave him his property with a full covenant and warranty deed, without Bill having to pay for it.
c. Jake inherited his property from his deceased father.
d. None of the above

User Rachid O
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1 Answer

5 votes

Final answer:

The correct answer is option (b), where Bill received property from his uncle as a gift without paying for it, fitting the definition of a property gift, which is given without consideration and with no enforceable warranties against the grantor.

Step-by-step explanation:

When discussing the transfer of real property and the nature of gifting property, it is important to understand that a gift of property is legally binding and must be given without consideration from the grantee; otherwise, it would be a transaction rather than a gift. Furthermore, warranties cannot be enforced against the grantor in the context of a gift because there has been no consideration provided in exchange. In the options provided, the correct answer is (b) Bill's uncle gave him his property with a full covenant and warranty deed, without Bill having to pay for it. This illustrates a situation where property is transferred as a gift, implying there was no contractual agreement or requirement for payment. On the other hand, Sarah's acquisition of property at auction (a) and Jake's inheritance of his father's property (c) both involve processes that are not the free giving of a gift without consideration. Auctions inherently require payment, and inheritances are governed by different legal mechanisms distinct from the concept of a gift.

User Manandearth
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