Deeds

Deeds and Requirements for Valid Transfer ## What Is a Deed? A deed is the written instrument used to transfer ownership of real property from a grantor (seller/transferor) to a grantee (buyer/transferee). For a deed to accomplish a valid transfer, it must satisfy specific legal requirements. Understanding deed requirements and types is fundamental to the California salesperson exam. --- ## Requirements for a Valid Deed California law requires every deed to have these elements: 1. Grantor with legal capacity: Must be at least 18 years old and of sound mind; corporations must act through authorized officers 2. Identifiable grantee: The grantee (recipient) must be clearly identified by name or description 3. Granting clause: Words expressing the intent to transfer ("grants and conveys," "quitclaims to," "bargains and sells") 4. Legal description: Must precisely identify the property; a street address alone is insufficient 5. Consideration: Must be stated, but nominal consideration ("for valuable consideration" or "$10 and other valuable consideration") is sufficient — the actual price need not appear 6. Grantor's signature: Only the grantor signs; the grantee does not sign a deed 7. Delivery and acceptance: The grantor must intend to transfer immediately (delivery); the grantee must accept Note: A deed does NOT require notarization to be valid between the parties. However, notarization IS required to record the deed with the county recorder, and recording provides constructive notice and protects against subsequent purchasers. --- ## Delivery and Acceptance Delivery requires the grantor's present intent to immediately transfer title — not a conditional or future intent. A grantor who signs a deed and puts it in a safe deposit box intending to deliver it "someday" has not delivered the deed. Placing…