What does a bargain and sale deed primarily lack in terms of title protection?

A bargain and sale deed primarily lacks an express warranty against encumbrances, meaning that while the title may be transferred, the seller does not guarantee that the property is free from any liens or other claims. This type of deed typically implies that the property is being sold as is, without promises regarding its encumbrances, leading to potential risks for the buyer if unknown debts or claims exist on the property. The absence of such a warranty means the buyer must conduct thorough due diligence to uncover any potential issues affecting the title.

The choice surrounding a covenant of seisin is also important, as this typically guarantees that the seller has the legal right to sell the property. However, in a bargain and sale deed, this is generally implied. The guarantee of title against future claims would not be present since the deed does not provide that assurance, but that is related to the concept of warranty deed, not the core definition of a bargain and sale deed. The mention of evidence of ownership transfer pertains more to the legal ability to convey title than the level of protection provided, thus not directly addressing the key limitation concerning encumbrances within this context.