Oregon 30-Hour Real Estate Law Practice Test

Which warranty guarantees that the seller is the actual owner of the property being conveyed?

1. Covenant of warranty.

2. Covenant of seisin.

3. Covenant of further assurance.

4. Covenant of quiet enjoyment.

The correct answer is: Covenant of seisin.

The warranty that guarantees the seller is the actual owner of the property being conveyed is known as the covenant of seisin. This covenant provides assurance that the seller has legal ownership of the property and possesses the right to convey it to another party. It protects the buyer by ensuring that there are no issues with title when the property is transferred. Understanding the significance of this covenant is crucial for any real estate transaction, as it directly supports the legitimacy of the transaction and provides the buyer with confidence in their purchase. If the covenant of seisin is breached, the buyer may have a claim against the seller to recover any losses incurred due to the sale of a property that the seller did not actually own. Other covenants serve different purposes: for instance, the covenant of warranty offers protection against future claims to the property, the covenant of further assurance obligates the seller to take additional action to perfect the title if necessary, and the covenant of quiet enjoyment guarantees that the buyer can enjoy the property without interference from others claiming a right to it. These covenants are important but do not specifically affirm the seller's ownership of the property itself as the covenant of seisin does.