A Promise of Clear Title

In his March 2021 Illinois Bar Journal article, “A Promise of Clear Title,” Philip J. Vacco asks whether the term “warranty deed” must be interpreted as imposing upon the seller an obligation to provide a general warranty deed. In the author’s opinion, the answer is “no.” If we give the language used in these contracts its plain meaning, Vacco writes, the seller is obligated to provide a warranty deed but, without further specification, the seller is left to his own accord as to what type of warranty deed he will deliver to meet this obligation. Given these options, Vacco asks why anyone would allow their client to provide a general warranty deed when the use of a special warranty deed meets the seller’s contract obligations.

Read more in the March issue of the Illinois Bar Journal.