Florida Warranty Deed
A Florida warranty deed guarantees clear title and defends the buyer. Florida codifies the form in Section 689.02, recorded with the Clerk of Circuit Court.
Introduction
Florida is one of a handful of states that writes its warranty deed into statute: Section 689.02 of the Florida Statutes lays out a prescribed form whose operative words, granted, bargained and sold, are followed by the grantor's promise to fully warrant the title to the land and to defend it against the lawful claims of all persons whomsoever. Those words carry the weight. Because that all persons whomsoever language reaches back to defects that arose before the seller ever held the property, the Section 689.02 form is a general warranty deed, the strongest title protection a Florida deed can give. A special or limited warranty deed narrows the same promise to claims arising by, through, or under the seller, and a quitclaim deed guarantees nothing beyond whatever interest the seller happens to own. Florida does not fall back on a grant deed or a bargain-and-sale deed the way California or New York does, so a Florida warranty deed carries its warrant-and-defend words on the page itself. Signing it takes two subscribing witnesses and a notary; recording it takes the Clerk of the Circuit Court in the county where the land sits, who enters the deed in the Official Records (Section 28.222). DocDraft builds your Florida deed from your facts, with attorney review available before you record.
Key Things to Know
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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.
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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.
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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.
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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.
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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)).
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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.
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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.
Key decisions before you file
Before you file a Warranty Deed in Florida, a few decisions shape the document: which option to choose and what each one means. The Warranty Deed guide walks through them.
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Florida Requirements for Warranty Deed
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.
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 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.
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)).
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).
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.
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.
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.
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Check my Warranty DeedFrequently Asked Questions
Both instruments are codified in Florida, and the gap between them is protection. The Section 689.02 warranty deed has the grantor fully warrant the title to said land and defend it against the lawful claims of all persons whomsoever, a full general warranty. The Section 689.025 quitclaim form, by contrast, merely remises, releases, and quitclaims whatever interest the seller holds, with no warranty and no duty to defend. Buyers in an arm's-length sale take a warranty deed; quitclaims tend to surface in divorces, estate planning, and transfers between people who already trust each other.
It guarantees clear title against every lawful claim, including defects that took hold before the seller owned the land, and it obligates the seller to defend the buyer against them. Florida's prescribed form states that the grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever (Section 689.02), after the granting words granted, bargained and sold. Swap that all persons whomsoever phrase for a promise limited to claims arising by, through, or under the seller and you have a special warranty instead.
A warranty deed. Florida codifies its form in Section 689.02 and does not rely on a grant deed or a bargain-and-sale deed as the everyday sale instrument. Where California hands buyers a grant deed that leans on implied covenants, a Florida warranty deed spells out its warrant-and-defend promise on the face of the document, so the buyer receives a full general warranty. For transfers meant to carry no warranty at all, Florida separately codifies a quitclaim form (Section 689.025).
Take the signed, witnessed, and notarized deed to the Clerk of the Circuit Court in the county where the property is located; as the statutory county recorder, the clerk files it in the Official Records (Section 28.222). Before it can be recorded, the grantor's signature has to be acknowledged before a notary (Section 695.03) and made in front of two subscribing witnesses (Section 689.01(1)). Recording promptly matters because Florida follows the notice rule: a later good-faith purchaser without notice of your deed can prevail if you delay (Section 695.01(1)).
No statute requires one. In Florida an owner may draft and record their own warranty deed. The catch is that a deed moves title, and a slip in the legal description, the warranty language, or how the grantee takes title can be slow and costly to unwind, which is why many people have the deed looked over first. DocDraft assembles your Florida deed from the facts you provide, with attorney review available as an option before you record.
It needs both, and this is where deeds often go wrong. Florida is one of the few states that still requires two subscribing witnesses to the grantor's signature (Section 689.01(1)), on top of a notary acknowledgment before the deed can be recorded (Section 695.03). The witnesses' printed names and post-office addresses have to appear on the deed beneath their signatures (Section 695.26(1)). Miss either the two witnesses or the notarization and the clerk can reject the deed for recording.
On a sale, almost always. Florida's documentary stamp tax runs 0.70 dollars for each 100 dollars of consideration and is paid to the clerk at the moment of recording (Section 201.02(1)(a)). Consideration is not just the cash price; it includes any mortgage the buyer assumes or takes the property subject to. Miami-Dade County uses a different rate. Some transfers between spouses, including certain homestead transfers, are exempt under Section 201.02(7).
For homestead, yes. Section 689.111 requires both spouses to join in conveying homestead realty, and Florida's homestead protection is strong enough that this holds even when only one spouse appears on title; a power of attorney can stand in for the joinder. Property that is not homestead and titled in one spouse's name alone can generally be conveyed by that spouse without the other. Nail down the homestead question before anyone signs.