Under the Race Act (PROP), which result determines priority?

• A. First to record
• B. BFP and first to record
• C. BFP only
• D. None of the above

Answer: (B)

Under this rule, priority is determined by both timing and good faith. The party who wins is the one who is a bona fide purchaser and is also the first to record. This means a first-to-record claim alone isn’t enough if the claimant isn’t a bona fide purchaser, and a bona fide purchaser who records later doesn’t win unless they were the first to record. If a buyer records first but has knowledge of a prior claim (not a BFP), they don’t get priority; if a buyer is a BFP but doesn’t record first, they also don’t win. Only someone who meets both conditions—the first to record and a bona fide purchaser—has priority.