Which statement is true regarding a bona fide purchaser (BFP) relative to a prior grantee who failed to record?

Which statement is true regarding a bona fide purchaser (BFP) relative to a prior grantee who failed to record?

• A. BFP prevails
• B. Prior grantee prevails
• C. Neither prevails
• D. BFP prevails only if they pay more

Answer: (A)

Recording acts protect a purchaser who buys for value and takes without notice and then records. If a prior grantee did not record, their interest isn’t protected by the statute, so a bona fide purchaser for value who has no notice of that unrecorded claim and who records will obtain title free of it. In short, the BFP prevails when the earlier interest was unrecorded, provided the BFP acted in good faith, paid value, and records. The other outcomes would require different facts (e.g., the BFP not recording or having notice), which aren’t present here.

Recording acts protect a purchaser who buys for value and takes without notice and then records. If a prior grantee did not record, their interest isn’t protected by the statute, so a bona fide purchaser for value who has no notice of that unrecorded claim and who records will obtain title free of it. In short, the BFP prevails when the earlier interest was unrecorded, provided the BFP acted in good faith, paid value, and records. The other outcomes would require different facts (e.g., the BFP not recording or having notice), which aren’t present here.