Idaho Bargain and Sale Deed

County Specific Legal Forms Validated as recently as May 11, 2026 by our Forms Development Team

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About the Idaho Bargain and Sale Deed

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How to Use This Form

Select your county from the list on the left
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Idaho Bargain and Sale Deed with covenant clause
Clause: And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises.
Meaning: The grantor (seller) affirms they own the property outright ("fee simple"), the highest form of ownership, without time limits or reversion to a prior owner.
This implies the grantor has the legal authority to sell the property.

Idaho Code § 55-604:
Presumption of Fee Simple Ownership: "A fee simple title is presumed to be intended to pass by a grant of real property, unless it appears from the grant that a lesser estate was intended."

Clause: "That they are free from all encumbrances"
The grantor guarantees that there are no legal claims, liens, mortgages, easements, unpaid taxes, or any other restrictions (encumbrances) on the property that would negatively affect the grantee's ownership.

However, this assurance applies only to encumbrances that occurred during the grantor’s ownership of the property. It does not cover encumbrances that existed prior to the grantor acquiring the property unless explicitly stated.

Meaning in Practice
Limited Guarantee:
A bargain and sale deed typically offers a limited warranty compared to a warranty deed. In this case, the grantor guarantees only:
That they currently own the property in fee simple.
That they have not caused any encumbrances during their ownership.
The grantor does not guarantee the property is free from defects or encumbrances created by prior owners.

Grantor’s Liability: If an encumbrance or title issue arises that the grantor created or allowed during their ownership, the grantee could hold the grantor liable. However, issues that predate the grantor’s ownership would not be the grantor’s responsibility unless explicitly stated.

Common Use:
Often used in tax sales, foreclosures, or transactions where the buyer knows the grantor and understands the risks (such as between family members or in trustee sales).
The buyer may obtain title insurance to protect against potential issues with the title.

Recording: The deed must be properly recorded with the county recorder's office to provide public notice of the transaction

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

What Others Like You Are Saying

— Angela W.

"All went well."

— Stuart P.

"Easy and fast. I'll use this service for all my recordings"

— Ingrid K.

"Prompt efficient service."

— Susan B.

"I guess I got what I paid for. The site said I would be able to download blank PDF forms that I coul…"

— Robert R.

"I found the form I needed. I ordered the wrong ones the first time. I didn\'t know if I could get re…"

Common Uses for Bargain and Sale Deed

Transfer property held in joint tenancy
Consolidate property ownership among family members
Transfer property to finalize a real estate transaction
Convey property received through inheritance
Transfer a partial interest in a property
Transfer property between business entities
Remove a deceased owner from a property title

Compare other Idaho deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination, Cancellation of Easement / Right of Way Mineral Deed Mineral Deed with Quitclaim Covenants Trustee Deed Deed of Trust Deed of Full Reconveyance - for Deed of Trust Substitution of Trustee - for Deed of Trust Substitution of Trustee and Deed of Full Reconveyance Assignment of Deed of Trust Trustee Deed Upon Sale Contract for Deed Memorandum of Contract Full Release of Memorandum of Contract Affidavit of Successor Personal Representative Deed Personal Representative Deed of Distribution Special Power of Attorney for Real Property Statutory Durable Power of Attorney Disclaimer of Interest Certificate of Trust Lis Pendens Form Release of Lis Pendens Form

Important: County-Specific Forms

Our bargain and sale deed forms are specifically formatted for each county in Idaho.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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