Grantor vs Grantee
Last Updated :
21 Aug, 2024
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Dheeraj Vaidya
Table Of Contents
Difference Between Grantor and Grantee
Grantor and Grantee are two parties involved in a typical real estate transaction, like lien, mortgage, or deed. The grantor is the one granting away or transferring the property rights to the grantee, who is the receiver.
For example, the landlord is the grantor in a rent or lease agreement, while the tenant is the grantee. The grantor is also called a first-party while the grantee is referred to as the second party in a transaction.
Table of contents
Comparative Table
Grantor | Grantee | |
---|---|---|
Definition | The person or entity who is the owner or seller of a real estate asset | The entity who is a buyer, tenant, or borrower for a real estate property |
Other titles | Usually, they are owner, seller, landlord, the lessor of the property | Could also include tenant, buyer, lessee, etc. |
Property rights | Transfers property rights | Receives property rights |
Deed | Signs at the bottom of the page | The deed is usually made in the name of the grantee |
Investment | Sells or put options of the stock or other securities | Recipient of investments |
What is Grantor?
In a legal contract concerning an exchange or transfer of an asset, the grantor is the person who owns the asset or happens to be the seller of the said asset. For example, the grantor would be the owner or lessor of a building or a house in the case of real estate. The grantor would normally transfer title and property rights to the grantee in a document known as the deed.
Almost always, the grantor has all legal rights on a piece of property before the signing of an agreement. The grantor holds the sole right to modify the assets as they please. They can either manage the property themselves or hire a trustee. Any remaining rights the grantor may have on the property will be mentioned within the clauses of the agreement.
In most legal drafts, the name of the grantor will be at the bottom of the page since they usually have to sign off the document over to the grantee.
What is Grantee?
The grantee is the individual or entity in a legal document who is usually the asset's buyer, borrower, or lessee.
In a legal deed, the grantee would be the one taking possession of a house or money or anything else in which the grantor transfers title in the deed. For example, in an agreement for a mortgage, the bank assumes rights over a real estate asset and is the grantee while the individual applying for the loan becomes the grantor. Unlike the grantor, the grantee has no right to modify the property or revoke the deed till the completion of a transaction.
Suppose a grantee who has taken possession of the house now approached a bank for a mortgage and had to put the house down as collateral. Now the roles would get interchanged, and the bank would become the new grantee.
In most cases, the person or entity receiving the property rights is the grantee, while the one transferring it is the grantor.
Grantor vs Grantee Infographics
Final thoughts
The nature of the relationship between a grantor and grantee can differ according to the type of real estate transaction and the deeds involved. The official documents or deeds such as warranty deed, deed of trust, quitclaim deed, etc. would contain the detailed specifications of this relationship. Title searches and title insurance ensures that the deed is clean and buyers are protected in the case of any dispute. Property rights and the laws governing them may change from state to state. But the titular role of the grantor and grantee remains the same.
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