Covenants relating to the title guarantee are what into the contract?

• A. Expressed only
• B. Implied
• C. Not enforceable
• D. Irrelevant

Answer: (B)

Covenants relating to the title guarantee are implied into the contract. In a sale of land, the buyer expects assurances about the seller’s title beyond what is written, and the law supplies covenants that the seller has the right to sell, that the title is or will be free from undisclosed encumbrances, and that the seller will defend the buyer’s title if challenged. These protections arise by operation of law through the contract, not just from terms stated explicitly. So they’re not merely express terms, and they’re enforceable and highly relevant to the conveyancing transaction.