Georgia Warranty Deed

Introduction

Key Things to Know

1. 1

   A warranty deed gives the buyer the strongest title protection. Georgia adds no implied warranty of title to a land sale (O.C.G.A. Section 44-5-61), so protection depends on the deed's express general warranty against all persons (Section 44-5-62).

2. 2

   Georgia is a warranty-deed state, not a grant-deed state. A general warranty of title against the claims of all persons includes covenants of a right to sell, of quiet enjoyment, and of freedom from encumbrances (O.C.G.A. Section 44-5-62). Georgia adds no implied warranty of title to a land sale (Section 44-5-61), so protection rests on the express covenants in the deed.

3. 3

   A Georgia general warranty covers title defects even if the buyer knew about them when they took the deed (O.C.G.A. Section 44-5-63), and the warranty covenants pass with the land to later purchasers (Section 44-5-60). A quitclaim deed carries none of this.

4. 4

   You record the signed deed with the clerk of the superior court of the county where the land is located (O.C.G.A. Section 44-2-1). Georgia follows a race-notice priority rule, so a deed recorded first generally defeats a later one taken in good faith without notice (Section 44-2-2). Record promptly.

5. 5

   A Georgia deed must be signed by the maker, attested by an officer such as a notary public, AND attested by one other witness (O.C.G.A. Section 44-5-30; Section 44-2-15). Georgia is an attestation state: a deed signed before a notary alone, with no second witness, does not meet the statute.

6. 6

   Georgia charges a real estate transfer tax of 1 dollar for the first 1,000 dollars of the sale price plus 10 cents for each additional 100 dollars, the seller is liable, and the tax must be paid before the deed can be recorded, with a PT-61 transfer tax declaration filed with the deed (O.C.G.A. Section 48-6-1; Section 48-6-4; Georgia Department of Revenue).

7. 7

   A limited or special warranty deed warrants only against claims arising through the seller's own ownership, not defects predating it, so it gives less protection than a general warranty deed. Georgia abolished dower and curtesy, so a non-owner spouse need not join to convey the titled spouse's separate real property (O.C.G.A. Section 53-1-3).

Georgia Requirements for Warranty Deed

• Title Guarantee and Covenants

  A warranty deed guarantees clear title and defends the buyer against claims. Georgia codifies the guarantee: a general warranty of title against the claims of all persons includes covenants of a right to sell, of quiet enjoyment, and of freedom from encumbrances (O.C.G.A. Section 44-5-62). Georgia adds no implied warranty of title to a land sale (Section 44-5-61), so the buyer's protection depends on the express covenants written into the deed.

• General vs Limited Warranty Deed

  Georgia is a warranty-deed state, not a grant-deed state. A general warranty deed warrants title against all claims, including defects predating the seller, and covers defects even if the buyer knew of them (O.C.G.A. Section 44-5-63); those covenants pass with the land (Section 44-5-60). A limited or special warranty deed warrants only against claims arising through the seller's own ownership. A quitclaim gives no covenants.

• Record with the Clerk of Superior Court

  Record the signed, attested deed with the clerk of the superior court of the county where the land is located (O.C.G.A. Section 44-2-1). Georgia follows a race-notice priority rule, so a deed recorded first generally prevails over a later one taken in good faith and without notice (Section 44-2-2). Record promptly to protect your interest.

• Officer Attestation Plus One Witness

  A Georgia deed must be signed by the maker, attested by an officer such as a notary public, AND attested by one other witness (O.C.G.A. Section 44-5-30; Section 44-2-15). Georgia is an attestation state: a deed signed before a notary alone, with no second witness, does not meet the statute. Confirm both the officer and the witness sign before recording.

• Real Estate Transfer Tax and PT-61

  Georgia charges a real estate transfer tax of 1 dollar for the first 1,000 dollars of the sale price plus 10 cents for each additional 100 dollars (O.C.G.A. Section 48-6-1). The seller is liable, and the tax must be paid with a PT-61 transfer tax declaration before the deed can be recorded (Section 48-6-4). Deeds of gift, spousal transfers in a divorce, and security deeds can be exempt with the proper recital (Section 48-6-2).

• Legal Description and Parties

  Identify the grantor and grantee, state the consideration, and include the full legal description of the property (not just the street address or parcel number). The name and mailing address of the person the deed is returned to must appear at the top of the first page (O.C.G.A. Section 44-2-14(b)). Errors in the legal description or vesting are a common and costly source of later title problems, so confirm both against the current deed.

• Covenants Run With the Land

  A general warranty of title covers defects even if the buyer knew of them when taking the deed (O.C.G.A. Section 44-5-63), and the warranty covenants pass with the land to later purchasers unless expressly prohibited (Section 44-5-60). This is why a general warranty deed gives lasting, transferable protection that a quitclaim or non-warranty deed cannot.

• Choosing the Instrument, No Spousal Joinder

  Choose the deed to match the protection intended. A general warranty deed warrants title against all claims and is the standard Georgia sale instrument. A limited warranty deed covers only the seller's own ownership; a quitclaim gives no covenants. Georgia abolished dower and curtesy, so a non-owner spouse need not join to convey the titled spouse's separate real property (O.C.G.A. Section 53-1-3).