Nevada Warranty Deed

A warranty deed guarantees clear title and defends the buyer against claims. Nevada does not codify a common-law warranty deed or statutory warrant-and-defend words; the standard grant, bargain and sale deed carries the two express covenants of NRS 111.170 (grantor has not already conveyed the estate; it is free of encumbrances the grantor created), limited to the grantor own acts. A general warranty deed warrants against all claims, including those predating the grantor, and remains a valid choice.

Nevada's standard instrument is the grant, bargain and sale deed. NRS 111.170 provides that the operative words grant, bargain and sell are construed as two express covenants: that the grantor has not previously conveyed the same property to anyone other than the grantee, and that the property is free from encumbrances done, made, or suffered by the grantor. NRS 111.170(2) makes those covenants suable as if written into the deed. A quitclaim deed carries none of them.

Record the signed, notarized deed with the county recorder of the county in which the real property is situated (NRS 111.315). Nevada follows a race-notice priority rule, so a conveyance recorded first generally prevails over a later one by a good-faith purchaser for value (NRS 111.325). Record promptly to protect your interest.

The deed must be signed by the grantor and acknowledged or proved before it can be recorded (NRS 111.105); the acknowledgment is taken by a notary public under NRS Chapter 240. Nevada does not require subscribing witnesses for a deed, so a proper notarial acknowledgment is the recording path. For community property, both spouses must sign and both acknowledgments are required.

Nevada imposes a Real Property Transfer Tax of 1.25 dollars for each 500 dollars of value in a county whose population is 700,000 or more and 65 cents for each 500 dollars of value in a smaller county, on transfers where the consideration or value exceeds 100 dollars (NRS 375.020). Every deed presented for recording must be accompanied by a Declaration of Value on the Nevada Tax Commission form (NRS 375.060). Certain divorce and family transfers are exempt (NRS 375.090).

Identify the grantor and grantee, state the consideration, and include the full legal description of the property (not just the street address). The document must also show the grantee's mailing address and carry the assessor's parcel number at the top left of the first page where one has been assigned (NRS 111.312). 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.

Nevada is a community property state. Neither spouse may sell, convey, or encumber community real property unless both join in executing the deed, and the deed must be acknowledged by both (NRS 123.230). One spouse may convey their own separate property alone. Confirm how title is held before signing to avoid a defective transfer.

Choose the deed to match the protection intended. A general warranty deed warrants title against all claims, including those predating the grantor, and is valid in Nevada though not the codified form, so its warrant-and-defend language must be drafted expressly. The grant, bargain and sale deed gives the NRS 111.170 covenants for the grantor own acts and is the standard Nevada instrument. A quitclaim gives no covenants. The reason for the transfer usually points to the right one.