Jump to Section
A warranty deed is a legal document used in commercial real estate transactions to transfer property with a guarantee of clear title and buyer protection. The warranty deed enlists the description of the property along with any known encumbrances, such as easements, unpaid liens, or judgments. A warranty deed ensures no unresolved title issues with the property and that the grantor, the present owner, has the authority to sell to the buyer. Let us delve deeper and learn more about the warranty deed below.
What is a Warranty Deed?
A warranty deed, or general warranty deed as it is sometimes called, is a legal document used in real estate transactions. When a seller transfers property to a buyer, a warranty deed is used to ensure that the title of the property being transferred is valid and free from any issues.
Out of all the different types of property deeds, which also include special warranty deeds and quitclaim deeds, the warranty deed provides a buyer with the highest level of protection.
To execute a warranty deed, the seller of the property must make certain promises to the seller which normally include:
- The seller is the legitimate owner of the property and holds a clear title to the property.
- There are no liens, encumbrances , or mortgages against the property.
- The seller has the legal right to sell the property.
- The title will withstand third-party claims to ownership of the property.
- In the future if there is a title issue, the seller is liable for all legal issues.
A warranty deed is most commonly used in residential real estate. In most cases, in order for a buyer to get financing to purchase a home, the title needs to be clear, and a warranty deed must be used in the transaction.
For more information about warranty deeds, read this article.
Special Warranty Deed
Another type of warranty deed is a special warranty deed , or a grant deed. These can easily be confused with a general warranty deed; however, a special warranty deed does not offer the same protection to buyers.
A special warranty deed only guarantees that there are no encumbrances on the property for the period of time the seller had the property title in their name. This means that the seller is not liable for any title issues that could have happened before they took ownership.
This type of deed poses a risk for a buyer because they will have no legal protection for any potential title issues that could arise after the real estate transaction is complete.
How to Get a Warranty Deed
Warranty deeds are most commonly obtained through a local real estate agent’s office. It is also possible to download a warranty deed template from an online resource to fill out on your own.
Before obtaining a warranty deed, you should be sure of the following:
- The property has no liens
- The property has no current claims to it
- There are no encumbrances on the property
This information can be found through a public records search.
Whether you are using a local realtor or handling the transaction privately, a warranty deed should always be executed in the presence of a notary public to be legally binding.
Purpose of a Warranty Deed
The purpose of a warranty deed is to protect the buyer when purchasing real property. A warranty deed is also usually required to secure financing or title insurance for the purchase of a property.
When executing a warranty deed, the seller is required to make legally binding promises, or covenants, and warranties to the buyer. These warranties include:
- Covenant of Seisin: Assures that the seller owns the property and can legally sell it.
- Covenant Against Encumbrances: Assures the buyer that the property is free from liens unless specifically stated in the deed.
- Covenant of Quiet Enjoyment: Guarantees that the buyer will have the right to quiet possession of the property and will not be inconvenienced by a defective title.
- Covenant of Further Assurance: Assures that the grantor will provide any documents necessary to make sure the title is legitimate.
Warranty deeds are most commonly used when buying a house or property from a person you do not personally know.
What’s Included in a Warranty Deed?
Each state will have its own requirements for what needs to be included in a warranty deed, however, there is basic information that is common to have on any warranty deed. This information includes:
- The identities of both the grantor (seller) and grantee (buyer) and their addresses.
- A detailed description of the property which should include property lines, roads, sewer lines, and any other defining characteristics.
- Words of conveyance that shows the seller is granting the property to the buyer.
- Proof of consideration like the amount of money paid for the property, or language that shows that the property was gifted to the grantee.
- Signatures of both the grantor and grantee.
- In most cases, a notary public acknowledgement
A warranty deed, specifically, should also include language that makes a guarantee that the title to the property is clear. This statement may say something like:
“…said property is free and clear from all liens and encumbrances except as herein set forth, and except for taxes due for the current and subsequent years, and except for restrictions or easements of record and that the Grantor shall warrant and defend the same to said Grantee…”
Does a Warranty Deed Prove Ownership?
A warranty deed by itself does not prove ownership of a property and it is necessary to also have evidence of title of the property. If a deed contains an error, another party could potentially have a claim to that same property.
A warranty deed offers a buyer the guarantee that they will own the property free and clear and if there is a title issue, the seller will be held liable. A buyer should always do their due diligence however and conduct a title search to be sure there are no defects. If a buyer is unsure how to conduct a title search, consulting a property law attorney could be helpful.
Even though a warranty deed provides a buyer with the most protection of any property deed, it is still recommended that a buyer purchases title insurance as well. Title insurance will protect a buyer from any losses that may occur during ownership of the property due to title defects.
Benefits of a Warranty Deed
In real estate transactions, a warranty deed is a legal document with various advantages for the buyer and seller. The following are a few of the main benefits of using a warranty deed:
- Guaranteed Title Ownership: A warranty deed assures the seller that they're the rightful owners of the assets and have the authority to promote them, which is one of its major benefits. This guarantee aids in shielding the buyer from any potential claims or title-related difficulties in the future.
- Protection Against Title Defects: A warranty deed frequently contains undertakings or covenants from the seller promising to defend the title against future claims or defects. This means the seller is responsible for resolving disputes if a third party has a legitimate claim to the property.
- Increased Property Value: Due to the guarantee of a clear title, properties transferred with a warranty deed may be thought of as having more value in the real estate market. This may facilitate financing for bidders and enable sellers to demand higher prices.
- Smoother Real Estate Transactions: Using a warranty deed helps facilitate real estate transactions since it gives all parties involved clarity and legal protection. By doing this, disagreements and closing-process delays may be avoided.
- Easier Resale: Since their buyers will have the same level of guarantee of title, buyers who acquire property through a warranty deed may find it simpler to resell the property in the future.
Warranty Deeds vs. Quitclaim Deeds
A quitclaim deed is similar to a warranty deed in that it transfers ownership of a property, however, it offers the least amount of protection to the buyer. Some states refer to this deed as a non-warranty deed.
A quitclaim deed simply transfers the grantor’s interest in the property to the grantee without any of promises or warranties that the title is valid that a warranty deed provides.
If there is an issue with the title, the grantee has no legal protections under a quitclaim deed like they would with a warranty deed. For this reason, a quitclaim deed is used specifically when the grantor is not sure if the title is defective and wants to avoid liability.
A quitclaim deed is also often used when there is no money being exchanged for a property like when a parent transfers property to a child or one spouse transfers property to their partner. A warranty deed is most often used when purchasing property from a stranger.
Benefits of Approaching a Lawyer for a Warranty Deed
See a lawyer for a warranty deed to assure the legitimacy and protection of your real estate purchase. A lawyer will handle the intricate legal processes, confirm the property's ownership, and precisely draft the deed. Their experience ensures a simple and secure property transfer by guiding the procedure and preventing upcoming problems.
- Possesses Legal Knowledge: Since lawyers are well-versed in contract law, they can be consulted while creating or reviewing a warranty deed. It can guarantee the contract's enforceability and compliance with all relevant laws and regulations.
- Prevents Dispute: A well-written warranty deed helps avoid conflicts and misunderstandings by clearly defining each party's obligations. A contract evaluated by legal advice may offer a stronger legal defense in a dispute.
- Protects Interest: By ensuring the agreement is fair and equitable, a lawyer can safeguard the interests of both parties. On behalf of the client, they can also negotiate advantageous terms and conditions.
- Offers Customization: Attorneys can modify the warranty deed to suit the parties' requirements and situations. They can include further terms or clauses that safeguard the interests of both the buyer and the seller.
- Helps in Resolution of Disputes: If there is a disagreement or dispute between the parties, a lawyer can aid in negotiations and resolve problems using the law, including mediation, arbitration, or litigation if necessary.
- Ensures Legal Paperwork: Attorneys ensure the warranty deed is correctly signed, notarized, and filed with the right government agency. This makes it easier to create a transparent and widely accessible record of the property transfer, which is essential for legal ownership and upcoming transactions.
- Guarantees Compliance: Lawyers can assure that the warranty deed meets the particular needs and regulations of the state or locality where the property is located.
Final Thoughts on Warranty Deeds
A warranty deed, in effect, offers the grantee the highest level of security because it gives precise assurances about the property's title and shields the buyer from any potential future title-related problems. In contrast to other deed types, including quitclaim deeds, which do not offer the same level of assurances regarding the property's title, warranty deeds are frequently utilized in real estate transactions in the United States.
If you want free pricing proposals from vetted lawyers that are 60% less than typical law firms, click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.
Meet some of our Warranty Deed Lawyers
Matt B.
Matt practices law in the areas of commercial finance, corporate law and residential and commerical real estate (with a particular emphasis on retail shopping centers and office buildings). He has extensive experience in negotiating and structuring complex commercial loan, asset acquisition, asset disposition and real estate transactions. Matt additionally works on various general matters for clients such as forming LLCs and corporations, preparing various LLC and corporation documents and drafting and reviewing various types of contracts and agreements for clients and providing advice regarding same. Matt provides clients with extensive and timely communication on their matters and ensures that his clients are well represented and highly satisfied with their legal representation and the work product provided. Matt offers all potential clients a free initial consultation to discuss their legal matters prior to engaging his firm to represent them. Prior to opening his law firm Matt worked for many years in the New York City office of a large international law firm where he counseled large multi-national businesses, financial institutions, investment groups and individuals on highly sophisticated business, financial and real estate transactions. Matt provides his clients with diligent legal representation on their matters with a very personal approach.
Kristen R.
Transactional and Employment Attorney and Small Business Owner. I do inside counsel work from the outside. I demystify the law for my clients.
George L.
I am a corporate attorney with offices in Rock Hill, SC, and Lavonia, GA. My practice is focused on contracts, tax, and asset protection planning. I act as a fractional outside general counsel to over 20 businesses in 6 countries. When not practicing law, I can usually be found training my bird dogs.
Dean F.
Ferraro Law Firm was founded by Dean C. Ferraro. Dean earned his Bachelor's Degree from California State Polytechnic University, Pomona ("Cal Poly Pomona") in 1992 and his J.D. Degree from the University of Mississippi School of Law ("Ole Miss") in 1996. He is licensed to practice law in the State Courts of Colorado, Tennessee, and California. Dean is also admitted to practice before the United States District Courts of Colorado (District of Colorado), California (Central District), and Tennessee (Eastern District). Shortly after earning his law license and working for a private law firm, Dean joined the District Attorney's office, where he worked for five successful years as one of the leading prosecuting attorneys in the State of Tennessee. After seven years of practicing law in Tennessee, Dean moved back to his birth state and practiced law in California from 2003-2015. In 2015, Dean moved with his family to Colorado, practicing law in beautiful Castle Rock, where he is recognized as a highly-effective attorney, well-versed in many areas of law. Dean's career has entailed practicing multiple areas of law, including civil litigation with a large law firm, prosecuting criminal cases as an Assistant District Attorney, In-House Counsel for Safeco Insurance, and as the founding member of an online law group that helped thousands of people get affordable legal services. Pursuing his passion for helping others, Dean now utilizes his legal and entrepreneurial experience to help his clients in their personal and business lives. Dean is also a bestselling author of two legal thrillers, Murder in Santa Barbara and Murder in Vail. He currently is working on his next legal thriller, The Grove Conspiracy, set to be published in 2023.
November 2, 2022
David W.
Founder David W. Weygandt, the Singing Lawyer, is passionate about helping families and businesses stay in tune with what they care about and avoid conflict. When injustice has been done, David is proud to stand up to the modern Goliath and vindicate your rights on your behalf. David lives and practices law in The Woodlands, Texas, and assists clients all across Texas.
November 11, 2022
Nicole P.
Attorney Nicole B. Phillips is a northwestern Iowa native and devotes her practice to the area of Family Law. She is an experienced trial attorney with over 12 years of family law experience. Nicole graduated from The University of South Dakota with a degree in Criminal Justice, and attended Oklahoma City University School of Law to obtain her law degree. Prior to establishing Phillips Law Firm, P.C., Nicole built her first successful law practice in Oklahoma City, Oklahoma, where she focused on Family Law, Estate Planning and Personal Injury Law, and her second successful law practice in Sherman, Texas, focusing primarily on Family Law. Nicole has one daughter, Arabella. In addition to enjoying time with her daughter, Nicole enjoys reading, family dinners, traveling, spending time with friends, and game nights.
November 28, 2022
Ari G.
Ari is a transactional attorney with substantial experience serving clients in regulated industries. He has worked extensively with companies in regulated state cannabis markets on developing governance documents (LLC operating agreements, corporate bylaws, etc...), as well as drafting and negotiating all manner of business and real estate contracts.
Find the best lawyer for your project
Browse Lawyers NowReal Estate
Warranty Deed
Texas
Texas deed and trust lawyer
Need warranty deed
George O.
Good morning - I do these daily and can walk you through the process.
Real Estate
Warranty Deed
Florida
I have tons of warranty deeds
I have tons of Original lwarranty deeds from the 1890s and early 1920 and I don’t know what to do with them
Donya G.
Here are the steps you need to take to accomplish finding an attorney to assist you with this project: 1. Post the job you need to get accomplished – for example “ I am looking for a Florida attorney to advise me on what I can do with the original warranty deeds I have in my possession“ 2. Once posted, attorneys on the website that are interested and qualified will respond to your posting 3. Choose an attorney/s based upon their qualifications and cover letter to have a quick call so that you can decide who you would like to hire. 4. After talking with attorneys, choose who you will decide to proceed with. Remember to discuss the total cost of the project as well as how long it will take to be completed, and when payments will be made. 5. Once you have decided who to hire, click “HIRE” and that attorney will now be hired by you
Real Estate
Warranty Deed
Illinois
CAN YOU TELL ME THE PROCEDURES OF A WARRANTY DEED
I RECIEVED A WARRANTY DEED IN THE MAIL AFTER THE SELLERS REFUSED TO SPEAK TO ME AFTER A FIRE OCCURED LAST YEAR
T. Phillip B.
Did you purchase the property before or after the fire? If before, did you have insurance? If after, what was the agreement you had with respect to the insurance proceeds the Seller was to receive? The Warranty Deed is what is offered when there is a transfer of real estate and the seller warrants ownership to another. Frequently this will also involve title insurance to back up the warranty deed if there were other claims against the property
Real Estate
Warranty Deed
Texas
what do I need to do transfer the property on mine and my husband 's name I have two of my kids on it?
my house is on my name including my husband and two of my kids
CRAIG C.
Unfortunately, this requires the standard lawyer answer of "it depends." However, at face value it appears you would need to file a general warranty deed conveying the property from whoever you want "OFF" of the deed to you.
Need help with a Warranty Deed?
Real Estate lawyers by top cities
- Austin Real Estate Lawyers
- Boston Real Estate Lawyers
- Chicago Real Estate Lawyers
- Dallas Real Estate Lawyers
- Denver Real Estate Lawyers
- Houston Real Estate Lawyers
- Los Angeles Real Estate Lawyers
- New York Real Estate Lawyers
- Phoenix Real Estate Lawyers
- San Diego Real Estate Lawyers
- Tampa Real Estate Lawyers
Warranty Deed lawyers by city
- Austin Warranty Deed Lawyers
- Boston Warranty Deed Lawyers
- Chicago Warranty Deed Lawyers
- Dallas Warranty Deed Lawyers
- Denver Warranty Deed Lawyers
- Houston Warranty Deed Lawyers
- Los Angeles Warranty Deed Lawyers
- New York Warranty Deed Lawyers
- Phoenix Warranty Deed Lawyers
- San Diego Warranty Deed Lawyers
- Tampa Warranty Deed Lawyers
ContractsCounsel User
Need a quick claim
Location: Oklahoma
Turnaround: A week
Service: Drafting
Doc Type: Warranty Deed
Number of Bids: 6
Bid Range: $250 - $485
ContractsCounsel User
I have a property in Volusia county Florida that is deeded LLC. I want to remove the LLC and put it back into my name and add a friend's name to the deed as co owners with right of survivorship. ASAP
Location: Florida
Turnaround: Less than a week
Service: Drafting
Doc Type: Warranty Deed
Number of Bids: 4
Bid Range: $250 - $585
related contracts
- Addendum to Lease
- ALTA Statement
- Apartment Lease
- Apartment Rental Agreement
- Assignment of Lease
- Boundary Line Agreement
- Brokerage Agreement
- Building Contract
- Building Lease
- Buyer Agency Agreement
other helpful articles
- How much does it cost to draft a contract?
- Do Contract Lawyers Use Templates?
- How do Contract Lawyers charge?
- Business Contract Lawyers: How Can They Help?
- What to look for when hiring a lawyer