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Warranty Deed

A warranty deed is a deed in which the seller guarantees clear title and agrees to defend the buyer against any claim to the property. It gives the buyer the strongest title protection.

Introduction

A warranty deed is a deed in which the seller guarantees they hold clear title to the property and will defend the buyer against anyone who later claims an interest in it. It gives a buyer the strongest form of title protection, which is why it is the deed most often used in an arms-length sale between a buyer and seller who did not previously know each other. That guarantee is what separates a warranty deed from a quitclaim deed, which makes no promises about title and simply passes whatever interest the seller happens to have. There are two main kinds. A general warranty deed warrants title against every defect, including problems that arose before the seller owned the property. A special or limited warranty deed warrants only against defects that arose during the seller's own period of ownership. A warranty deed carries covenants of title, traditionally the covenants of seisin, the right to convey, against encumbrances, quiet enjoyment, warranty, and further assurances, which give the buyer the right to sue the seller if the promised title turns out to be defective. To be effective and to protect the buyer against a later purchaser, a signed and notarized deed is recorded in the land records of the county where the property sits. The exact form, the office that records deeds, whether witnesses are required, the transfer tax, and even whether the state uses a warranty deed or a grant deed all depend on state law, so the specifics differ from state to state. Select your state to see its rule and a deed built on its requirements. DocDraft builds your deed from your facts, with attorney review available before you record.

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Key Things to Know

  1. 1

    A warranty deed is a deed in which the seller guarantees clear title and agrees to defend the buyer against any later claim to the property. It gives the buyer the strongest title protection and is the opposite of a quitclaim deed, which guarantees nothing.

  2. 2

    A general warranty deed warrants title against all defects, including ones that arose before the seller owned the property. A special or limited warranty deed warrants only against defects created during the seller's own ownership.

  3. 3

    A warranty deed carries covenants of title, traditionally seisin, right to convey, against encumbrances, quiet enjoyment, warranty, and further assurances. These let the buyer sue the seller if the promised title fails.

  4. 4

    Some states, such as California, primarily use a grant deed rather than a common-law warranty deed. A grant deed carries limited implied covenants tied to the grantor's own acts. Your state's page explains which form it uses.

  5. 5

    A deed must be signed by the seller and, in nearly every state, acknowledged before a notary before it can be recorded. Some states also require subscribing witnesses. Requirements are set by state law.

  6. 6

    The signed deed is recorded in the land records of the county where the property is located. Recording promptly protects the buyer against a later buyer or creditor under the state's recording priority rule.

  7. 7

    Many states charge a real estate transfer tax or require a declaration of value when a deed is recorded, and community property or homestead states may require a spouse to join in the deed. Amounts and rules vary by state.

Key Decisions

Deed Type and Covenants

Parties and Property

Execution and Recording

Customize your Warranty Deed Template with DocDraft

GENERAL WARRANTY DEED

RECORDING REQUESTED BY: [NAME] WHEN RECORDED RETURN TO: [NAME AND ADDRESS] APN / PARCEL: [PARCEL IDENTIFIER]

TRANSFER TAX / DECLARATION OF VALUE: [State the transfer tax due or the declaration of value where your state or county requires it.]

THIS GENERAL WARRANTY DEED is made on [DATE] between [GRANTOR NAME], of [ADDRESS] (Grantor), and [GRANTEE NAME], of [ADDRESS] (Grantee).

  1. CONVEYANCE. For valuable consideration of [AMOUNT], the receipt of which is acknowledged, Grantor grants, bargains, sells, conveys, and warrants to Grantee, and Grantee's heirs and assigns, the real property described below, to have and to hold in fee simple.

  2. PROPERTY. All that real property in the County of [COUNTY], State of [STATE], described as: [INSERT LEGAL DESCRIPTION; attach Exhibit A if lengthy]. Commonly known as [STREET ADDRESS].

  3. COVENANTS OF TITLE. Grantor covenants with Grantee that: (a) Grantor is lawfully seized of the property in fee simple (seisin); (b) Grantor has the right to convey it (right to convey); (c) the property is free from all encumbrances except those of record and any stated here (against encumbrances); (d) Grantee shall have quiet enjoyment of the property (quiet enjoyment); (e) Grantor warrants and will forever defend title to the property against the lawful claims of all persons (warranty); and (f) Grantor will execute any further assurances of title reasonably required (further assurances). For a SPECIAL or LIMITED warranty deed, limit the warranty to claims arising by, through, or under Grantor.

  4. EXCEPTIONS. This conveyance is subject to: [easements, restrictions, and encumbrances of record; taxes not yet due; and any other stated exceptions].

  5. EXECUTION. Grantor signs this deed and, where required, has it acknowledged before a notary and witnessed as the state directs.

Executed on [DATE].

[GRANTOR NAME], Grantor

[WITNESS lines if your state requires subscribing witnesses.]

ACKNOWLEDGMENT State of [STATE], County of [COUNTY] On [DATE], before me personally appeared [GRANTOR NAME], known or proved to me to be the person who signed this deed, and acknowledged that they executed it.

Notary Public

Note: This is a general warranty deed template. Your state sets the deed form it recognizes (some states use a grant deed), the office that records deeds, whether subscribing witnesses are required in addition to a notary, the transfer tax or declaration of value, and whether a spouse must join. For your state's specific form and recording rule, and a deed built on those requirements, see your state's page linked from the Warranty Deed hub.

Does your Warranty Deed need to be notarized?

Whether a Warranty Deed needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

A warranty deed is a deed in which the seller guarantees they hold clear title to the property and will defend the buyer against anyone who later claims an interest in it. It carries covenants of title that let the buyer sue the seller if the title turns out to be defective. Because it offers the strongest protection, a warranty deed is the deed most commonly used in a sale between a buyer and seller who are not related.

A warranty deed guarantees clear title and promises to defend the buyer against claims. A quitclaim deed makes no promises at all; it passes only whatever interest the seller actually has, which may be full ownership or nothing. Warranty deeds are used in ordinary sales, while quitclaim deeds are used to move property between family members, into a trust, or to clear up a title question, where a title guarantee is not expected.

A general warranty deed warrants title against every defect, including claims that arose before the seller owned the property, so the seller stands behind the entire history of the title. A special or limited warranty deed warrants only against defects that arose during the seller's own ownership. General warranty deeds are common in residential sales, while special warranty deeds are common in commercial deals and sales by builders or banks.

A warranty deed is a promise by the seller that title is clear and that the seller will defend it, but it is only as good as the seller's ability to pay if a claim arises. It is not the same as title insurance, which pays to defend or settle covered title claims regardless of the seller's finances. Many buyers use a warranty deed and buy an owner's title insurance policy for full protection.

After the seller signs the deed and has the signature notarized, you record it in the land records of the county where the property is located. The recording office and its fees are set by state and county. Recording is what puts the public on notice of the transfer and protects the buyer against a later buyer or creditor under the state's recording priority rule, so you should record promptly. Your state's page names the office and rule.

Most states do not require an attorney to prepare or record a deed, and you can prepare your own. Because a deed transfers title and a mistake in the legal description, the covenants, or how the buyer takes title can be expensive to fix, many people have the deed reviewed before recording. DocDraft prepares your deed from your facts, with attorney review available as an option before you record.

In nearly every state, yes. The seller's signature must be acknowledged before a notary before the county will record the deed. Some states also require one or more subscribing witnesses. The notarization is what lets the recording office accept the deed into the public record. Your state's page explains whether witnesses are required in addition to notarization.

Often, when the property is sold. Many states and some counties or cities charge a real estate transfer tax based on the sale price or value, and several states require a declaration of value or consideration statement when the deed is recorded. A number of states charge no transfer tax at all. Gifts and transfers between spouses are frequently exempt. Your state's page explains its transfer tax and any value statement.

Warranty Deed - DocDraft