Maine Real Estate License Practice Exam

For a deed to be valid, which must occur?

1. All signatures must be acknowledged by a notary

2. It must be recorded in the county registry of deeds

3. The grantee must sign the deed upon delivery

4. Delivery must happen during the life of the grantor

The correct answer is: Delivery must happen during the life of the grantor

For a deed to be considered valid, the critical requirement is that delivery must occur during the life of the grantor. The act of delivery signifies that the grantor intends to transfer ownership of the property to the grantee. This intention is essential because a deed is not effective until it has been delivered, regardless of any other conditions. If the grantor passes away before the delivery takes place, the deed cannot be validly executed, leading to complications regarding the transfer of property ownership. While it is true that notarization and recording can enhance the enforceability and legal integrity of a deed, they are not strict requirements for the deed's validity in many jurisdictions. Similarly, the grantee's signature is not normally a prerequisite for the validity of the deed itself; the signature of the grantor is usually what matters. Therefore, the critical factor remains that the delivery must occur while the grantor is still alive to ensure the transfer is valid.