Good and Marketable Title in Real Property Contracts

A seller has an implied obligation to convey a good and marketable title in an agreement for the sale of real property unless there is a provision stating otherwise. A good and marketable title is one that is free from encumbrances. An encumbrance is any right or interest in land held by someone other than the owner that may exist. Encumbrances decrease the value of the owner’s title. Marketable title is also reasonably certain not to be called into question in the future so as to subject the purchaser to the hazard of litigation as to questions of fact or law to sustain its validity.

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