A buyer accepts a general warranty deed from a seller, believing that the seller is the sole owner of the property. The buyer later finds out that the seller is only a co-owner. Has a covenant in the general warranty deed been violated?
A. No, the only covenant in a general warranty deed promises that the previous owner didn't encumber the property
B. No, the principle of caveat emptor controls matters concerning a deed
C. Yes, there is a covenant providing equitable title
D. Yes, there is a covenant providing marketable title
Answer: D. Yes, there is a covenant providing marketable title
The general warranty deed contains a covenant of the right to convey, meaning that the grantor either has title to the interest or is an agent of the owner with the authority to transfer the interest.
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