What is the usual remedy for breach of deed warranty?

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Prepare for the Real Estate Transactions Exam. Study with comprehensive questions, detailed hints, and explanations to enhance your knowledge and pass the exam with ease. Get exam-ready today!

In the context of a breach of deed warranty, the usual remedy is damages. When a party to a real estate transaction fails to uphold the warranties provided in a deed, such as a warranty of title, the injured party is typically entitled to monetary compensation for the losses incurred as a result of that breach.

Damages serve to put the aggrieved party in the position they would have been in had the breach not occurred. This could include compensation for loss of value, costs incurred to rectify the defect in the title, or any other financial loss that can be attributed to the breach.

Specific performance, rescission of contract, and injunctions are other forms of legal remedies that may apply in different contexts, but in cases specifically concerning a breach of deed warranty, monetary damages are the most commonly sought remedy. Specific performance is often associated with enforcing the actual performance of a contractual obligation rather than remedying a breach involving warranties, while rescission involves terminating the contract altogether rather than addressing the breach itself. An injunction is a court order to prevent someone from doing something but does not directly address the remedy for a breach of warranty in this context.

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