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The grantor warrants or guarantees the following (7):
a. That the grantor has the right to convey title to the property. b. That
there are no liens or encumbrances other than those stated in the deed.
c. That the title is good against any other claims. d. That the grantor will
deliver any other documents needed to make the title good. e. That if
the title fails at any time in the future, the grantor will compensate the
grantee. f. That the above guarantees cover not only the time that the
grantor owned the property, but also extends back through time to all
previous owners.
Special Warranty
A deed in which the grantor warrants or guarantees the title against
encumbrances or defects that may have occurred only during the
grantor's period of ownership, other than as described in the deed. This
deed limits the liability of the grantor to the grantee.
Quitclaim
A deed which conveys only such ownership as the grantor may have. If
the grantor has good title, then the deed conveys that ownership, but
without any warranty or guarantee. This deed provides the grantee with
the least protection of any type of deed and is often used to release
doubtful claims, interests and liens.
,True/False: a real estate auction listing contract must conform to all
applicable auction and real estate laws and regulations and if the seller
is married, then the spouse must also sign.
True
True/False: Real estate sales and purchase contracts do not need to be
in writing to be enforceable.
False, real estate sales and purchase contracts must be in writing to be
enforceable.
From the standpoint of the grantor, which one of the following types of
deeds creates the least liability? A. Special Warranty B. General Warranty
C. Quitclaim D. A. and B. create an equal amount of limited liability. E. B.
and C. create an equal amount of limited liability.
The correct answer is C. (Quitclaim). The grantor is the seller and from
the seller's standpoint, a Quitclaim deed creates the least liability. See
the above Study Guides section on the types of deeds.
Estate
A person's complete financial status or condition with reference to all
assets, possessions, and rights and all their debts, liabilities and
obligations.
Testate
To die with a valid will.
Intestate
To die without a valid will.
,Executor (male), Executrix (female)
The person specified in a will (by the person making the will) to carry
out the wills provisions.
Administrator (male), Administratrix (female)
The person appointed by the court to oversee the settling of anestate
where there is no will, or the will is not valid, or when the Executor or
Executrix is not specified or cannot or will not serve
Sam Turner died last year intestate. Mary Snelling, Sam's sister, has
contacted auctioneer Tom Turner about a possible auction to settle
Sam's estate. Mary has told Tom that Sam died intestate and that she is
the Executrix for Sam's estate. Which of the following statements is
correct? A. Tom should have Mary sign an auction listing contract as the
Executrix as soon as possible. B. If Sam died intestate, then that means
he died without a valid will and as such the estate would have an
Administrator or Administratrix, not an Executrix. Tom should not sign
the auction listing contract with Mary. C. Sam died intestate. This means
that he died inside the Commonwealth of Kentucky and Mary, as the
estate's Executrix, can sign the auction listing contract with Tom. D. It
does not matter whether Mary is the Executrix or not, as Sam's sister she
can authorize the auction. E. None of the above are correct
The correct answer is B. If Sam died intestate, Mary cannot be the
Executrix. If Tom wants to conduct Sam's estate auction, he needs to
negotiate with and sign the auction listing contract with the
Administrator or Administratrix
, True/False: An auctioneer without a Federal Firearms License may
occasionally sell a legal firearm in an "Estate-Type" auction. However, if
those sales reach the level that the auctioneer is considered "engaged in
the business of selling firearms", a Federal Firearms License is required.
An Auctioneer or Auction House Operator may not accept firearms on
consignment without a Federal Firearms License
True
True/False: If an auctioneer or an auction house operator buys firearms
for the purpose of resale, then that auctioneer or auction house
operator wouldn't need to obtain a Federal firearm dealer license.
False, If an auctioneer or an auction house operator buys firearms for
the purpose of resale, then that auctioneer or auction house operator
would obtain a Federal firearm dealer license.
True/False: An auctioneer, without a Federal license, can only sell a
firearm to a resident of the state in which the auction is being held,
unless the purchaser is a licensed Federal firearms dealer
True
True/False: That auctioneer can only sell a shotgun or rifle to a
purchaser who is at least 21 years old and a handgun to a purchaser who
is at least 18 years old.
False, an auctioneer can only sell a shotgun or rifle to a purchaser who is
at least 18 years old and a handgun to a purchaser who is at least 21
years old.