Quiet Possession Warranty
A Quiet Possession Warranty is a type of guarantee provided by a seller in a real estate transaction, ensuring that the buyer will have undisturbed use and enjoyment of the property. This warranty is typically included in the deed or contract of sale and protects the buyer from any claims or disputes regarding the property’s title that could impede their right to use the property.
The Quiet Possession Warranty assures the buyer that they will not be disturbed by previous owners or third parties asserting rights to the property. It can be seen as an assurance that the seller has the legal right to sell the property and that the property is free from any encumbrances, such as liens or easements, that could interfere with the buyer’s possession.
For example, if a property was sold under a Quiet Possession Warranty and later a third party claims ownership of a portion of that property, the seller may be held liable for any damages or losses incurred by the buyer as a result of that claim. This warranty protects the buyer by ensuring that they can occupy and use the property without fear of future legal complications related to the property’s title.
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