Bargain and Sale Deed: What It Is and How It Shows in a Title Search
A bargain and sale deed conveys property with few or no promises about the title. How the New York forms differ and how it appears in a chain of title.
Quick answer
A bargain and sale deed is a deed that transfers whatever interest the grantor holds without the full set of title promises a warranty deed makes. In New York, the statutory forms come in two kinds: one without a covenant against the grantor, and one with it. Both can appear in a chain of title.
What is a bargain and sale deed?
A deed is the document that moves ownership of land. The grantor is the person giving the property, and the grantee is the person receiving it. A covenant is a promise written into the deed. A bargain and sale deed (people also search for it as a "bargain deed" or just "bargain and sale") sits below a warranty deed on the scale of promises, because it makes fewer of them.
The deed says that the grantor conveys the property, and for a named price. It does not, by default, promise that the grantor owns it free and clear. That is why a buyer who receives one usually relies on a title search and title insurance, not on the grantor's word. Nothing here is legal advice.
The term has a long history and varies by state. This guide uses New York, because the New York statute prints the forms in full and gives them the names people actually see on the record.
Definition
Bargain and sale deed — A deed that conveys the grantor's interest in real property for a price paid, without the full set of covenants about the title that a deed with full covenants carries. A version with a covenant against the grantor's acts adds one narrow promise.
What are the New York forms of bargain and sale deed?
New York Real Property Law section 258 lists short forms of deeds. It says the use of these forms "is lawful, but this section does not prevent or invalidate the use of other forms" (N.Y. Real Property Law 258, NewYork.Public.Law). So the forms are a safe pattern, not a requirement.
The section prints six schedules. Two are deeds with full covenants (individual and corporation). The other four are bargain and sale deeds, in two flavors, each with an individual and a corporate version.
| Schedule | Name in the statute | Covenant against grantor? | Grantor type |
|---|---|---|---|
| A (Form A) | Deed with full covenants | Full set of five covenants | Individual |
| B (Form AA) | Deed with full covenants | Full set of five covenants | Corporation |
| C (Form B) | Bargain and sale deed | Without covenant against grantor | Individual |
| D (Form BB) | Bargain and sale deed | Without covenant against grantor | Corporation |
| E (Form C) | Bargain and sale deed | With covenant against grantor | Individual |
| F (Form CC) | Bargain and sale deed | With covenant against grantor | Corporation |
What is the difference between "with" and "without covenant against grantor's acts"?
The "without covenant" form conveys the property and stops. The statutory form contains the granting words and the habendum clause (the "to have and to hold" language), and no covenants at all.
The "with covenant against grantor" form adds one sentence. In the statute's wording, the party of the first part "covenants that he has not done or suffered anything whereby the said premises have been incumbered in any way whatever." An encumbrance is a claim or burden on the property, such as a mortgage or a lien. In plain terms, the grantor promises only about the grantor's own conduct: the grantor has not created a burden on the land.
That is narrower than the full-covenants deed. The five covenants in the full form are seisin (the grantor owns the estate and has the right to convey), quiet enjoyment, freedom from encumbrances, further assurance, and a warranty of title. Section 253 of the same law explains how the first of these promises is read: a covenant that the grantor "is seized of the said premises" in fee simple means the grantor held "a good, absolute and indefeasible estate of inheritance" (N.Y. Real Property Law 253, NewYork.Public.Law). A bargain and sale deed with covenant against the grantor's acts does not give that promise.
The practical gap: if a mortgage was placed on the property by someone earlier in the chain, the covenant against the grantor's acts does not cover it. If the grantor placed it there, the covenant does.
Bargain and sale deed vs warranty deed vs quitclaim deed
The three are points on one scale of promises. The table compares them using the New York statutory forms. A quitclaim deed passes only whatever interest the grantor has, so this table sticks to what the New York statute prints.
| Deed with full covenants | Bargain and sale, with covenant against grantor | Bargain and sale, without covenant | |
|---|---|---|---|
| Seisin and right to convey | Promised | Not promised | Not promised |
| Free from encumbrances | Promised, whoever created them | Promised only for the grantor's own acts | Not promised |
| Quiet enjoyment | Promised | Not promised | Not promised |
| Further assurance and warranty of title | Promised | Not promised | Not promised |
| Usual reliance for the buyer | Grantor's promises, plus title search | Title search and title insurance | Title search and title insurance |
Where is a bargain and sale deed used?
The statute recognizes the forms in New York, and in the New York City record a deed of this kind is coded as an ordinary DEED (see the next section). Which sellers choose a bargain and sale deed in a particular deal is a matter of what the parties negotiate, so this guide does not claim who uses it most.
What can be said from the record is narrower. A buyer facing a bargain and sale deed, with or without the covenant, is receiving fewer promises than a full-covenants deed gives. That should shape the search: confirm the grantor actually held title, and list every lien and mortgage in the grantor's time of ownership, because the deed will not do that work. See how to do a title search for the method.
Other states use the name differently or not at all, so check the deed forms in the state where the property sits.
How does a bargain and sale deed appear in NYC ACRIS?
It appears as a deed, not under its own name. ACRIS is the New York City Department of Finance system for recorded documents in the five boroughs. Its document control code list has a code DEED, described only as "DEED," in the class "Deeds and Other Conveyances" (NYC Open Data, ACRIS Document Control Codes). The list has no separate code for a bargain and sale deed.
The same class carries other deed-like codes, such as DEEDO (deed, other), DEED, RC (deed with restrictive covenant), DEED, LE (life estate deed), CORRD (correction deed), CONDEED (confirmatory deed), IDED (in rem deed) and TODD (transfer on death deed). A bargain and sale deed with or without covenant therefore has to be told apart by reading the document image, not by filtering on a code.
The class also holds codes that are not deeds at all, such as lease, easement, contract of sale and condo declaration. A filter on the whole class returns more than ownership transfers. For the full code-reading method and the table layout, see how to read ACRIS records.
| ACRIS code | Description in the code list | Part of the ownership chain? |
|---|---|---|
| DEED | DEED | Yes, includes bargain and sale, warranty and other deeds |
| DEEDO | DEED, OTHER | Yes, a deed the office coded as other |
| DEED, RC | DEED WITH RESTRICTIVE COVENANT | Yes, deed with a use restriction |
| DEED, LE | LIFE ESTATE DEED | Yes, a partial interest |
| CORRD | CORRECTION DEED | Corrects an earlier deed |
| IDED | IN REM DEED | Yes, a transfer coded as an in rem deed |
| LEAS, EASE, CNTR | Lease, easement, contract of sale | No, same class but not a transfer of the fee |
How many deeds does ACRIS record in a year?
ACRIS records a large number of deeds, and the bargain and sale deeds are mixed in with all the rest. For the period 2025-10-01 to 2026-09-30, the HeritageDeed data pull from the NYC Department of Finance ACRIS Real Property Master dataset counts 52,806 deeds citywide, alongside 42,132 mortgages, 37,444 satisfactions and 24,302 assignments (NYC Department of Finance, ACRIS Real Property Master).
That count is of documents with a deed code, not of sales and not of bargain and sale deeds specifically. The document code does not break out the deed form, so no honest count of bargain and sale deeds can come from the code alone. A deed may also transfer a property for nominal money between family members or related entities, so the number of deeds is larger than the number of arm's length sales.
The DOF sales dataset gives the better picture of sales. For 2025-09-01 to 2026-08-31 it lists 15,029 sales in New York County (Manhattan), 13,583 in Kings County (Brooklyn), 15,665 in Queens County, 3,932 in Bronx County and 4,154 in Richmond County (Staten Island), per NYC Department of Finance, Citywide Rolling Calendar Sales. Read each deed in a chain, whichever form it takes.
How do you spot a bargain and sale deed in a chain of title?
Pull the deed image, not just the index line
The index entry will usually say DEED. The form is in the deed text, in the opening words and in whatever covenant language follows the habendum clause.
Look for the words "bargain and sale"
Many deeds name their form in the title block. A deed headed "Bargain and Sale Deed Without Covenant Against Grantor" or "With Covenant Against Grantor's Acts" tells you which of the two forms it is.
Check for the one-sentence covenant
If the deed says the grantor has not done or suffered anything that encumbered the premises, it is the "with covenant" version. If there is no covenant language, it is the "without covenant" version.
Confirm the grantor was the prior grantee
Because the deed promises little about earlier owners, check that the grantor received title from the person named in the prior deed, as in any chain of title.
List the liens and mortgages in the grantor's time
Mortgages, satisfactions, liens and judgments recorded during the grantor's ownership are the items the covenant against grantor's acts is aimed at. Check that each one was released.
What the deed form does not tell you
How do bargain and sale deeds affect a New York City title search?
A New York City search reads every deed in ACRIS, in each borough where the property sits: New York County, Kings County, Queens County, Bronx County and Richmond County. Property is identified by borough, block and lot, which is explained in what a BBL is.
The search will return a DEED line for a bargain and sale deed the same way it returns one for any other deed. Whether the form is "with" or "without" covenant needs the document. HeritageDeed offers a Current Owner Search for $49, a Two Owner Search for $79 and a 30-year search for $129, in the counties on the New York title search page and the coverage page. It is a records search, not title insurance.
Key takeaways
Key takeaways
- A bargain and sale deed conveys the grantor's interest with fewer promises than a deed with full covenants.
- New York Real Property Law 258 prints two bargain and sale forms: without covenant against grantor, and with covenant against grantor.
- The "with covenant" form promises only that the grantor has not encumbered the property. It does not promise anything about earlier owners.
- ACRIS has no separate code for it. It is indexed as DEED, so the form shows only in the document text.
- In a chain of title, rely on the record: check the prior deed, and list liens and mortgages from the grantor's time.
Frequently asked questions
- What is a bargain and sale deed?
- A bargain and sale deed conveys the grantor's interest in real property for a price, without the full set of title promises in a warranty deed. Some versions add a single promise that the grantor has not encumbered the property. The deed does not guarantee the grantor owns it free and clear.
- What is a bargain and sale deed with covenant against grantor's acts?
- It is a bargain and sale deed in which the grantor promises only that he has not done or suffered anything that encumbered the premises. New York Real Property Law 258 prints this as the "with covenant against grantor" form. It does not cover burdens created by earlier owners.
- What is a bargain and sale deed without covenant?
- It is the New York statutory form that grants the property and includes no covenants. The grantor makes no promise about the title, including no promise about the grantor's own acts. The buyer relies on the record, a title search and usually title insurance.
- What is the difference between a bargain and sale deed and a warranty deed?
- A warranty deed, the New York deed with full covenants, carries five promises: seisin, quiet enjoyment, freedom from encumbrances, further assurance and warranty of title. A bargain and sale deed carries none, or one narrow promise about the grantor's own acts. The warranty deed gives the buyer more recourse.
- Is a bargain and sale deed the same as a quitclaim deed?
- No, though they overlap in how little they promise. A bargain and sale deed says it conveys the property for a price, and may add a covenant against the grantor's acts. A quitclaim passes only whatever interest the grantor has, with no assertion of ownership. Our quitclaim deed guide covers the second.
- How does a bargain and sale deed show up in ACRIS?
- It appears under the document type DEED in the class Deeds and Other Conveyances. The ACRIS code list has no separate code for a bargain and sale deed, so the form shows only in the deed image. A searcher has to open the document to see whether it has a covenant against the grantor.
- Does a bargain and sale deed pass good title?
- It passes whatever title the grantor actually held. The deed itself does not prove that the title was good. A bargain and sale deed can be part of a perfectly clean chain, which is why the check is whether the grantor received title in the prior recorded deed.
- Should a buyer accept a bargain and sale deed?
- That is a decision for the buyer and a real estate lawyer. The factual point is that the deed carries fewer promises, so the buyer leans on the title search and title insurance. A records search from HeritageDeed is not title insurance and is not legal advice.
Sources
Primary records and official documentation cited in this article.
- 1NewYork.Public.Law, N.Y. Real Property Law Section 258, Short forms of deeds and mortgages
- 2NewYork.Public.Law, N.Y. Real Property Law Section 253, Construction of covenants in grants of freehold interests
- 3NYC Open Data, ACRIS Document Control Codes
- 4NYC Department of Finance, ACRIS Real Property Master
- 5NYC Department of Finance, Citywide Rolling Calendar Sales
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