New York State Real Estate Salesperson Licensing Exam

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What is the implied clause in a deed regarding the grantor's ownership?

  1. The property is free of all encumbrances

  2. The grantor has the right to quiet enjoyment

  3. The grantor can sell the property without restrictions

  4. The property is under market value

The correct answer is: The grantor has the right to quiet enjoyment

The implied clause in a deed regarding the grantor's ownership typically includes the grantor's right to quiet enjoyment. This means that the grantee has the assurance that they will enjoy the property free from interference by the grantor or any third party claiming a superior title. Essentially, it guarantees that the buyer can possess and use the property without disruption or legal claims against it, which is a fundamental assumption in real estate transactions. While there are several important concepts regarding property rights, the right to quiet enjoyment specifically addresses the security and peace of mind that comes with property ownership. This is a crucial aspect that reflects the grantor's obligation to ensure that no one will disturb the grantee’s use and enjoyment of the property after the transfer. Other options may mention aspects of ownership or value, but they do not convey the same intrinsic guarantee of peaceful possession.