Which of the following is a characteristic of express warranties in a deed?

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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!

Express warranties in a deed refer to specific assurances made by the grantor regarding the property being transferred. For a warranty to be considered 'express', it must be explicitly stated in the deed itself. This characteristic sets express warranties apart from implied warranties, which arise automatically under the law without being specifically articulated.

Having express warranties written in the deed provides clarity and legal certainty about the obligations of the seller. These warranties might include assurances that the seller has clear title to the property or that the property is free from liens or encumbrances. When expressed directly in writing, they protect the buyer and provide grounds for legal recourse if the seller fails to fulfill these promises.

In contrast, other options do not accurately reflect the nature of express warranties. While warranties can be implied by statute, they do not fall under the express category. Express warranties must distinctly appear in the deed, making the concept of being 'written in the deed' crucial. Additionally, while some deeds may automatically incorporate certain warranties depending on the jurisdiction, express warranties specifically require deliberate articulation. Lastly, while certain legal terminologies might not be mandatory for an express warranty, clarity and specificity in language are essential for their enforceability.

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