What is a deed delivery? Kiritsis Law Group 212 922 0005

May 13, 2021

By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M

Generally, it refers to passing title to the grantee through a final, signed, irrevocable, unconditional and absolute transfer of deed by the grantor. The requirements for a proper delivery, tends to vary a lot based on different jurisdictions and local customs. Some jurisdictions may require that a deed delivery be properly accepted by the grantee. Many jurisdictions essentially require that the deed document contain a specific language, in order to be properly delivered. To appreciate the importance of a proper deed delivery, in a real estate transaction, it is important to understand that there is a major difference between a deed and an agreement. An agreement usually requires the signature of the two or more parties involved. However, a deed is usually required by one party (often referred to as the grantor). It is important that both grantors and grantees closely examine the specific wording of the deed document that is being delivered, because the different choices of words may have enormous title succession and taxation issues. In many real estate transactions, there is a lack of trust among the parties (especially when considering new expensive houses); this often leads to a deed delivery being made by either a title company and/or an attorney.

 

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