90. Person A is preparing to convey a house to Person B. Person A cannot guarantee the title against any possible defects prior to ownership. What instrument should Person A use to convey title?
Answer: B
Person A should use a special warranty deed to convey the title.
A special warranty deed is appropriate in this situation because it conveys the title while limiting the seller's liability to claims or defects that arose during their ownership. This type of deed does not guarantee against defects that may have existed before the seller owned the property, making it suitable given Person A's inability to assure the title against all possible defects.
A) a warranty deed
A warranty deed provides a full guarantee of the title against all defects, both during and prior to the owner's period of ownership. Since Person A cannot guarantee the title against any possible defects prior to ownership, this option is not suitable for their situation.
B) a special warranty deed
A special warranty deed is correct because it provides limited guarantees, specifically covering only the time that Person A owned the property. This aligns with Person A's inability to ensure the title is free from defects that occurred before their ownership, making it the most appropriate instrument for this conveyance.
C) an estoppel certificate
An estoppel certificate is not applicable in this context as it is typically used in leasing situations to confirm the terms of a lease agreement and does not convey property title. Therefore, it is irrelevant to the question of how Person A should convey the title.
D) a writ of execution
A writ of execution is a court order used to enforce a judgment, allowing for the seizure of property to satisfy a debt. This instrument does not pertain to the conveyance of property titles and is thus not a viable option for Person A.
Conclusion
The special warranty deed is the most suitable instrument for Person A to use because it protects them from liability for defects that occurred before their ownership. In contrast, a warranty deed, estoppel certificate, and writ of execution do not meet the specific needs of the situation, as they either provide full guarantees or are irrelevant to the title conveyance process.