Florida Warranty Deed

Introduction

Key Things to Know

1. 1

   Florida writes its warranty deed into statute. Section 689.02 sets a prescribed form built on the granting words granted, bargained and sold, followed by the grantor's covenant to fully warrant the title to said land and defend it against the lawful claims of all persons whomsoever.

2. 2

   That all persons whomsoever wording is what makes the Section 689.02 form a general warranty deed, reaching title defects that predate the seller. A special or limited warranty deed, used in Florida by practice rather than by a separate statute, promises only against claims arising by, through, or under the seller.

3. 3

   Strip away the statute and a warranty deed simply guarantees clear title and commits the seller to defend the buyer against later claims, the strongest protection a deed offers. Its opposite is the quitclaim deed, which passes only whatever interest the seller has and guarantees nothing.

4. 4

   Recording happens with the Clerk of the Circuit Court, the statutory county recorder, in the county where the property sits; the deed enters that county's Official Records (Section 28.222). Because Florida is a notice state, a later good-faith buyer who lacks notice of your unrecorded deed can defeat it (Section 695.01(1)), so record without delay.

5. 5

   Two subscribing witnesses must watch the grantor sign (Section 689.01(1)), and a notary must take the grantor's acknowledgment before the clerk will record the deed (Section 695.03). Each witness's printed name and post-office address belongs on the deed as well (Section 695.26(1)).

6. 6

   Recording a sale triggers Florida's documentary stamp tax: 0.70 dollars on each 100 dollars of consideration, collected by the clerk at recording (Section 201.02(1)(a)). Consideration counts any mortgage the buyer assumes or takes subject to, and Miami-Dade County applies a different rate.

7. 7

   Homestead owned by a married person cannot be conveyed by one spouse alone; both must join in the deed, though a power of attorney can accomplish the joinder (Section 689.111). Verify homestead status and how title is held before anyone signs.

Florida Requirements for Warranty Deed

• Title Guarantee and Covenants

  A warranty deed guarantees clear title and defends the buyer against claims. Florida codifies a warranty deed form in Section 689.02: the grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. That all persons whomsoever wording gives a full general warranty, protecting against title defects that predate the seller. It is the opposite of a quitclaim deed, which promises nothing.

• Statutory Warranty Deed Form

  Florida sets out a prescribed warranty deed form in Section 689.02, using the granting words granted, bargained and sold followed by the fully warrant the title covenant. Unlike California, Florida does not use a grant deed or bargain-and-sale deed as its standard instrument, so a Florida warranty deed carries express warrant-and-defend words on its face. Section 689.02(2) requires a blank space for the parcel identification number.

• Record with the Clerk of the Circuit Court

  Record the signed, witnessed, and notarized deed with the Clerk of the Circuit Court, who is the county recorder, in the county where the real property is located; it is entered in the Official Records (Section 28.222). Florida is a notice state, so a subsequent good-faith purchaser for value without notice of an unrecorded deed can prevail over it (Section 695.01(1)). Record promptly to protect your interest.

• Notary Acknowledgment and Two Witnesses

  The grantor must sign the deed in the presence of two subscribing witnesses (Section 689.01(1)), and the signature must be acknowledged before a notary before the deed can be recorded (Section 695.03). Each witness's name and post-office address must be printed on the deed beneath the witness signature, along with the preparer name and address and the grantee address (Section 695.26(1)).

• Documentary Stamp Tax

  Florida charges a documentary stamp tax of 0.70 dollars for each 100 dollars, or portion of each 100 dollars, of the consideration (Section 201.02(1)(a)). Consideration includes the amount of any mortgage the buyer assumes or takes the property subject to. The tax is paid to the clerk when the deed is recorded. Miami-Dade County applies a different rate. Certain spousal and homestead transfers are exempt under Section 201.02(7).

• Legal Description and Parties

  Identify the grantor and grantee with their post-office addresses, state the consideration, and include the full legal description of the property (not just the street address or parcel number). Errors in the legal description or in how the grantee takes title are a common and costly source of later title problems, so confirm both against the current vesting deed before recording.

• Spousal Joinder for Homestead

  If the property is homestead of a married owner, both spouses must join in the deed to convey it, and that joinder may be accomplished through a power of attorney (Section 689.111). A married owner cannot convey homestead alone even if only one spouse is on title. Confirm the homestead status and how title is held before signing to avoid a defective transfer.

• General vs Special Warranty: Choosing the Deed

  Choose the deed to match the protection intended. The Section 689.02 general warranty deed warrants title against all claims, including those predating the grantor, and is the standard Florida sale instrument. A special or limited warranty deed narrows the promise to claims arising by, through, or under the grantor only. A quitclaim deed (Section 689.025) gives no warranty at all. The reason for the transfer usually points to the right one.