What is Bargain And Sale?

Legal Definition
Conveyancing, contracts. A contract in writing to convey lands to another person; or rather it is the sale of a use therein. In strictness it is not an absolute conveyance of the seizin, as a feoffment. Watk. Prin. Conv. by Preston, 190, 191. The consideration must be of money or money's worth. Id. 237.

2. In consequence of this conveyance a use arises to a bargainee, and the statute 27 Henry VIII. immediately transfers the˜20legal estate and possession to him.

3. A bargain and sale, may be in fee, for life, or for years.

4. The proper and technical words of this conveyance are bargain and sale, but any other words that would have been sufficient to raise a use, upon a valuable consideration, before the statute, are now sufficient to constitute a good bargain and sale. Proper words of limitation must, however, be inserted. Cruise Dig. tit. 32, c. 9; Bac. Ab. h. t. Com. Dig. h. t.; and the cases there cited; Nels. Ab. h. t. 2 Bl. Com. 338.

5. This is the most common mode of conveyance in the United States. 4 Kent, Com. 483; 3 Pick. R. 529; 3 N. H. Rep. 260; 6 Harr. & John. 465; 3 Wash. C. C. Rep. 376; 4 Mass. R. 66; 4 Yeates, R. 295; 1 Yeates, R. 828; 3 John. R. 388; 4 Cowen's R. 325; 10 John. R. 456, 505; 3 N. H. Rep. 261; 14 John. R. 126; 2 Harr. & John. 230; 2 Bouv. Inst. n. 207 7 8.
-- Bouviers Law Dictionary
Legal Definition
In conveyancing. The transferring of the property of a thing from one to another, upon valuable consideration, by way of sale. Shep. Touch, (by Preston,) 221. A contract or bargain by the owner of land, in consideration of money or its equivalent paid, to sell land to another person, called the "bargainee," whereupon a use arises in favor of the latter, to whom the seisin is transferred by force of the statute of uses. 2 Washb. Real Prop. 128; Brittin v. Freeman, 17 N. J. Law, 231; Iowa v. McFarland, 110 U. S. 471, 4 Sup. Ct 210, 28 In Ed. 198; Love v. Miller, 53 Ind. 296, 21 Am. Rep. 192; S'lifer v. Beates, 9 Serg. & R. (Pat) 176.

The expression "bargain and sale" is also applied to transfers of personalty, in casea where there'is first an executory agreement for the sale, (the bargaim) and then an actual and completed sale. The proper and technical words to denote a bargain and sale are "bargain and sell;" but any other words that are sufficient to raise a use upon a valuable consideration are sufficient. 2 Wood. Co.nv. 15; Jackson ex dem. Hudson v. Alexander, 8 Johns. 484, 8 Am. Dec. 517.
-- Black's Law Dictionary
Legal Definition
A bargain or contract whereby land is transferred without livery of seisin. See 110 U. S. 471, 28 L. Ed. 198, 4 Sup. Ct. Rep. 210.
-- Ballentine's Law Dictionary