Oregon 30-Hour Real Estate Law Practice Test

Which covenant might prevent Henrietta, who is 17, from selling her property?

1. Covenant of seisin.

2. Covenant of the right to convey.

3. Covenant of quiet enjoyment.

4. Covenant of further assurance.

The correct answer is: Covenant of the right to convey.

The covenant that pertains to a person's ability to sell or transfer property is the covenant of the right to convey. This covenant is rooted in the legal principle that a seller must have the legal authority to sell the property. In Henrietta's case, being 17 years old means she is considered a minor in Oregon; thus, she may lack the legal capacity to engage in contracts, including those related to the sale of real property. In many jurisdictions, including Oregon, contracts entered into by minors are generally voidable at the minor's discretion. This means that Henrietta's ability to sell her property could be challenged based on her age since she might not have the legal capacity required to convey her ownership rights. As a result, this specific covenant directly affects her ability to execute a sale. The other covenants listed do not directly influence Henrietta's right to sell her property. The covenant of seisin relates to the grantor's ownership of the property at the time of sale. The covenant of quiet enjoyment assures the buyer that they will not be disturbed in their possession of the property. The covenant of further assurance requires the seller to assist the buyer in perfecting the title if needed. None of these pertain directly to a person's legal capacity to sell