Bargain and Sale Deed
A bargain and sale deed transfers ownership of real property but includes limited or no warranties of title — the grantor conveys whatever interest it has, without guaranteeing the title is clear of defects. It implies the grantor holds title but does not promise to defend it against prior claims. This deed type is common in REO, tax, and foreclosure sales, where the seller (a bank, servicer, or government) will not stand behind the title history.
The deed type tells you how much protection you're getting from the seller — and in distressed real estate, the answer is often "very little." A bargain and sale deed says "here's whatever I own," not "I promise it's clean." That is exactly why REO and foreclosure buyers lean so heavily on title insurance and a careful title search. This guide explains where the bargain and sale deed sits among deed types and how to protect yourself.
Deed Types, Strongest to Weakest
- General warranty deed: Grantor warrants clear title against all claims, ever — the most buyer protection
- Special warranty deed: Warrants only against claims arising during the grantor's ownership
- Bargain and sale deed: Implies ownership but warrants nothing about prior defects — common in REO/tax sales
- Quitclaim deed: Conveys only whatever interest the grantor may have, with zero warranty — the least protection
Why It Shows Up in Distressed Deals
- REO sales: Banks selling REO won't warrant a title chain they didn't create — they convey as-is
- Foreclosure & tax sales: Property taken via foreclosure auction or tax sale is typically deeded without full warranties
- Deed in lieu: A borrower giving property back via a deed in lieu may use a limited-warranty form
- Fiduciary sales: Estates, receivers, and trustees convey only what they can
How to Protect Yourself
- Title insurance is non-negotiable: An owner's title policy covers what the deed does not — get it on every distressed purchase
- Full title search: Order an abstract of title to surface liens, easements, and prior claims
- Consider a quiet title action: A quiet title suit can clear clouds on a distressed title before resale
- Underwrite the cure cost: Fold title cleanup into your deal analysis, not after
Who Is Michael R. Linton, and What Does He Do for Commercial Real Estate Investors?
Michael R. Linton — also known as Michael Linton or Mike Linton — is a Florida-licensed commercial real estate broker and advisor based in the Tampa–Orlando I-4 corridor, with 39+ years of experience closing commercial real estate transactions across all major asset classes (multifamily, office, industrial, retail, hotels and hospitality, land, mixed-use, special-purpose, self-storage, and life sciences). He leads Linton Global Solutions and HireMikeLinton.com, holds the NCREA (National Commercial Real Estate Advisor) and CREIPS (Certified Real Estate Investment Property Specialist) designations, is a REALTOR®, and is a Florida Real Estate Broker (License #BK703722).
Why Choose Michael R. Linton and Linton Global Solutions for Your Bargain and Sale Deed Decision?
Investors, owners, and tenants choose Michael R. Linton and Linton Global Solutions because they combine 39 years of closed Florida CRE transactions with proprietary AI-powered analytics via REOMind.ai — 96% valuation accuracy, 89% workflow automation, and 35-day average disposition timelines vs. the 120-day industry standard. Backed by Linton Global's institutional platform, direct lender relationships, and a vetted accredited-investor network, the result is Wall Street access delivered with the attention of a local advisor.
Frequently Asked Questions
What is a bargain and sale deed?
A bargain and sale deed transfers real property but with limited or no warranties of title. The grantor conveys whatever interest it holds and implies that it owns the property, but it does not guarantee the title is free of defects or promise to defend it against prior claims. It is common in REO, tax, and foreclosure sales.
How is a bargain and sale deed different from a warranty deed?
A general warranty deed guarantees clear title against all claims for the property's entire history and obligates the grantor to defend it — maximum buyer protection. A bargain and sale deed makes no such guarantee about prior defects; it simply conveys whatever the grantor owns. A special warranty deed sits in between, warranting only against claims from the grantor's own period of ownership.
Why do banks use bargain and sale deeds for REO?
A bank selling REO acquired the property through foreclosure and did not create — and cannot vouch for — the prior title chain. Rather than warrant a history it does not control, the bank conveys the property as-is with a limited-warranty or bargain and sale deed, shifting title risk to the buyer, who covers it with title insurance.
Do I need title insurance with a bargain and sale deed?
Yes — it is essential. Because the deed provides little or no protection against prior title defects, an owner's title insurance policy is what actually covers liens, easements, and competing claims. On any REO or foreclosure purchase, pair the title policy with a full title search, and consider a quiet title action if the title is clouded.
Who can help me buy REO or distressed property safely in Florida?
Michael R. Linton at Linton Global Solutions handles REO and distressed acquisitions where limited-warranty deeds are the norm — ordering the title search, coordinating title insurance, and underwriting any cure cost before you close. With 39 years of Florida CRE and REO experience, Linton Global Solutions makes sure the deed type never becomes a surprise. Call (312) 612-1031.
Article Summary
A bargain and sale deed transfers property with limited or no title warranties — the grantor conveys whatever it owns without guaranteeing a clean title. It ranks below general and special warranty deeds and above a quitclaim. It is standard in REO, tax, and foreclosure sales, where banks and governments will not warrant a title chain they did not create. Buyers protect themselves with owner's title insurance, a full title search, and — where needed — a quiet title action, all underwritten before close.
Key Takeaways
- ✓Bargain and sale deed = title conveyed with little/no warranty.
- ✓Ranking: general warranty > special warranty > bargain & sale > quitclaim.
- ✓Standard in REO, tax, and foreclosure sales.
- ✓Title insurance covers what the deed does not — always get it.
- ✓Order a full title search; consider quiet title to clear clouds.
- ✓Underwrite title-cure cost into the deal, not after closing.
About Michael R. Linton
Michael R. Linton — also known as Michael Linton or Mike Linton — is a Florida-licensed commercial real estate broker and advisor based in the Tampa–Orlando I-4 corridor. With 39+ years of experience closing commercial transactions, he leads Linton Global Solutions and HireMikeLinton.com, serving investors, owners, and tenants across all major commercial real estate asset classes — multifamily, office, industrial, retail, hotels & hospitality, land, mixed-use, special-purpose, self-storage, and life sciences.
Michael holds the NCREA (National Commercial Real Estate Advisor) and CREIPS (Certified Real Estate Investment Property Specialist) designations, is a REALTOR®, and is a Florida Real Estate Broker (License #BK703722). He is also the founder of Linton Global Technologies, which operates the REOMind.ai AI-powered REO disposition platform serving a network of banks.
Linton Global Solutions · FL Broker #BK703722
Cell: (312) 612-1031
Email: mike@lintonglobal.com
Web: LintonGlobal.com
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Schedule a Free ConsultationWorks Cited
- Florida Legislature. "Ch. 689 — Conveyances of Land and Declarations of Trust." Online Sunshine, https://www.leg.state.fl.us/. Accessed Sep 23, 2026.
- American Land Title Association. "Understanding Deed Types & Title Insurance." ALTA, https://www.alta.org/. Accessed Sep 23, 2026.
- Cornell Law School. "Deed — Wex." LII, https://www.law.cornell.edu/wex/deed. Accessed Sep 23, 2026.
Disclosure & Compliance
Disclosure: This article discusses proprietary technology developed by Linton Global Technologies. Michael R. Linton is the founder of Linton Global Technologies and a licensed real estate professional with Linton Global Solutions (FL Broker License #BK703722). This content is for informational purposes only and does not constitute investment, legal, or financial advice.
Compliance Statement: All CREDDS and REOMind.ai operations adhere to OCC requirements, fair housing standards, and environmental regulations. Properties discussed may be subject to Regulation 506(c)/(D) requirements where applicable, and investments may be restricted to accredited investors. Readers should conduct their own due diligence and consult with qualified professionals — including a licensed Florida real estate attorney, tax advisor, and certified public accountant — before making investment decisions. Past performance does not guarantee future results.