Under a race-notice statute, which condition allows a bona fide purchaser to prevail?

Under a race-notice statute, which condition allows a bona fide purchaser to prevail?

• A. The BFP records before the prior purchaser AND has no notice.
• B. The BFP records after the prior purchaser.
• C. The prior purchaser records first.
• D. The grantor records.

Answer: (A)

Race-notice rules say a buyer can win only if two conditions are met: you take without knowledge of the prior claim, and you record before any later purchaser who has notice of that claim. This combination protects a bona fide purchaser for value who acts promptly to record. The best choice is the one where the buyer has no notice and records before the other party who could threaten title. Recording first and having no notice satisfy both parts of the rule, giving the BFP priority over any later claimant who would have notice. The other options fail because recording after someone else, or simply the prior purchaser recording first, undermines the race-to-record requirement or the notice requirement. The grantor recording isn’t the operative mechanism for a BFP under race-notice.

Race-notice rules say a buyer can win only if two conditions are met: you take without knowledge of the prior claim, and you record before any later purchaser who has notice of that claim. This combination protects a bona fide purchaser for value who acts promptly to record.

The best choice is the one where the buyer has no notice and records before the other party who could threaten title. Recording first and having no notice satisfy both parts of the rule, giving the BFP priority over any later claimant who would have notice.

The other options fail because recording after someone else, or simply the prior purchaser recording first, undermines the race-to-record requirement or the notice requirement. The grantor recording isn’t the operative mechanism for a BFP under race-notice.