Kneizys v. Federal Deposit Insurance Corp.
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The Supreme Judicial Court answered a certified question as follows: no warranty is implied by the use of the term "Warranty Deed" to describe an instrument which "grants...real property with the buildings and improvements thereon...being the same premises conveyed to GRANTOR" by prior deed.
The United States District Court for the Western District of Washington certified to the Supreme Judicial Court the question of whether, under Maine law, any warranty was implied by use of the term "Warranty Deed" to describe the instrument at issue and, if so, which warranty or warranties were implied. The Supreme Judicial Court answered the question in the negative, concluding that no warranty was implied by the use of the term "Warranty Deed" to describe an instrument that "grants...real property with the buildings and improvements thereon...being the same premises conveyed to GRANTOR" by prior deed.
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