David and Veronica Allen bought land in Independence, Missouri, during 1994 for $22,000. In January 1998, they listed it for sale with a broker, Chuck Zuvers, asking $88,000. The property remained on the market until May 1999, when Thomas C. Scott contracted to buy it for $90,000. Scott signed the sales contract as "Thomas C. Scott, or assigns" because he was organizing Scott, Hewitt & Mize as a limited liability company and wanted the land deeded to the firm.
At closing, and following Scott's instruction, the Allens deeded the property to "Scott, Hewitt & Mize, LLC." Although Scott and his partners had filed articles of organization for Scott, Hewitt & Mize with the Secretary of State before closing, the Secretary of State rejected the articles because of errors contained in them. Scott corrected the errors, and the Secretary of State issued a certificate of organization to Scott, Hewitt & Mize nine days after closing.
-A deed contained the language, "I, Jacob Smith, of Washington County, warrant and defend unto Christina Smith ... the following real estate ..." Although the deed included all the necessary requirements, the parties are now unclear as to the type of deed given and what warranties, if any, were given. Which of the following statements is correct?
A) This is a general warranty deed.
B) This is a special warranty deed.
C) This is a quitclaim deed.
D) This is not a deed because there is no language of conveyance.
Correct Answer:
Verified
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