Protection

Case: A buyer bought property from a seller and received a general warranty deed. 2 years late, the seller's sister came forth and claimed she had an ownership interest in the property . The sister stated she knew the court would uphold her interest. In a general warranty deed, the buyer is ?

Protected by Covenant of Seisin
Not protected and have to give up the house

Covenant of Seisin: "Granter covenants that he/she is seised of said premises in fee." This covenant is a specific covenant and provides an assurance to the grantee that the granter holds the title that he or she specified in the deed that he or she is conveying to the grantee.

Case: A buyer wants to buy a larger house and open a beauty salon in her home. She tells the listing agent her plans and looks at property with that agent. They find a property she likes and she makes an offer that is accepted. After closing and moving into the property, she finds out there are deed restrictions in the subdivision that prohibit a business operating out of one's home. Which of the following is true?

Listing agent should have ascertained
The listing agent was presenting the seller and had no duty to the buyer to investigate the restrictions
The buyer was solely responsible for researching the deed restrictions before buying the property

Since the listing agent knew the buyer's intended use, the listing agent should have ascertained whether or not the property could be used for that purpose

Case: When purchasing real estate, what does the buyer actually acquire?

Rights previously held by the seller
A complete bundle of rights