Grantor
Definition and meaning of Grantor in real estate.
A grantor is the individual or entity that transfers an ownership interest in real estate to another party by executing a deed. In a standard property transaction, the grantor is the seller.
In more detail
To execute a valid transfer of real estate, the grantor must be of legal age and possess the mental capacity to enter into a contract. The grantor must sign the deed in the presence of a notary public, and in some states, witnesses are also required.
By signing, the grantor guarantees they hold the legal right to transfer the interest, although the exact covenants depend on the type of deed used. Once the grantor delivers the signed deed to the recipient, the transfer of ownership becomes legally binding.
Key facts
| Category | Legal, Titles & Closing |
|---|---|
| Role in transaction | Typically the seller or owner transferring the property |
| Requirements | Must sign the deed and have legal capacity to transfer property |
| Signature required | Must sign in the presence of a notary public |
A homeowner signs a quitclaim deed as the grantor to transfer their share of a property to their former spouse after a divorce.
Frequently asked questions
What happens if a grantor is mentally incompetent?
If a grantor lacks the mental capacity to understand the transaction, the deed is generally voidable or void. A court-appointed guardian or a designated power of attorney must sign on their behalf.
Can there be multiple grantors on a single deed?
Yes, if a property is co-owned by multiple people, all owners must sign the deed as grantors to transfer the entire title to the new owner.
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