What does the bargain and sale covenant imply?

The bargain and sale covenant implies that the grantor (the party transferring ownership) conveys ownership of the property but does not guarantee that they will defend the title against future claims or challenges to ownership. This means that while the grantor affirms that they hold the title to the property, they are not making any promises about the absence of defects or challenges to that title.

In a bargain and sale deed, the grantor typically does not provide the protections found in more robust forms of ownership transfer, like a warranty deed. This distinction is important in real estate transactions, as a buyer receiving a bargain and sale deed should be aware that they may bear the risk of any claims or encumbrances that arise after the transfer. Therefore, the statement that the owner "won't defend" accurately captures the essence of the bargain and sale covenant, clearly indicating the limitations on the grantor's responsibilities regarding the property's title.