What is included as an implied promise in every land sale contract?

The inclusion of an implied promise that the seller will provide marketable title in every land sale contract stems from a fundamental principle in real estate transactions. Marketable title refers to a title that is free from significant defects, encumbrances, or liens that would affect the buyer's ability to take ownership of the property and use it as intended. This assurance is essential for the buyer, as it protects their investment and provides the confidence that they will not face legal issues related to the title after the purchase.

In practice, this means that the title should be clear of any claims from third parties, and should be confirmed through a title search or title insurance. If the title is not marketable, the buyer has grounds to call off the sale or seek remedies. This implied promise undergirds the sale process, ensuring that buyers can trust they are receiving ownership of property that they can truly use and enjoy without the specter of unresolved legal impediments.

While other options may seem plausible in certain contexts—such as providing a warranty deed or ensuring the property is free of liens—not all of these are universally implied. For instance, the specifics of delivery of possession and the type of deed provided may vary based on the agreement between the parties or local laws, which