Question

Which of the following is not an essential to the validity of a deed?

Selections

A. Payment of financial consideration

B. Competent grantor

C. Description of the property

D. Delivery of the deed

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Answer: A

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5 Keys Summary

• The payment of financial consideration (对价) is explicitly not an essential element for a deed to be valid.

• A valid deed, such as a gift deed, can transfer property without any payment or exchange of value, relying instead on nominal consideration or even “love and affection”.

• The grantor must be a competent party, meaning they are of legal age (18 or older) and sound mind, for the deed to be legally effective.

• The deed must include an adequate description of the property to uniquely identify it; legal descriptions are often used, but the government’s APN cannot be used.

• Finally, the deed must be delivered by the grantor (with the intent to pass title immediately) and accepted by the grantee for the transfer of title to vest.

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