A buyer accepts a warranty deed from a seller believed to be the sole owner, but the seller is actually a co-owner. Has the covenant of marketable title been violated?

• A. No violation
• B. Yes, there is a covenant providing marketable title
• C. The deed is void
• D. Only if the buyer records title

Answer: (B)

The key idea is the covenant of marketable title found in a general warranty deed. This covenant promises that the title being conveyed is free from defects that would make it unmarketable—essentially, that the buyer is receiving a title that can be sold or financed without future disputes over ownership.

In this scenario, the seller is not the sole owner but a co-owner. That means the seller cannot warrant that they are conveying full, exclusive ownership to the buyer; the property still has another owner's interest. That unsettled ownership creates a defect that can render the title unmarketable, since the buyer would not be receiving clear, fee-simple title to the entire property. Because a warranty deed carries the marketable-title covenant, this situation implicates that covenant and constitutes a breach. Therefore, the best answer is that there is a covenant providing marketable title, and its breach is involved given the co-ownership.