A grantee will need a warranty deed if they plan to buy a land or a real estate property. After purchasing a property, the buyer will be given documentation to show that they are the new legal and rightful owner of the property. With a warranty deed, the property owner can do anything to or with the property as long as they adhere to federal laws.
A warranty deed not only makes the grantee a legal property owner but also ensures that the property does not have any legal issues and impediments. Note that warranty deed forms should be detailed with accurate information. This is because this document legally binds the buyer to their property. Therefore, it is necessary to accurately complete and fill these forms before they are submitted, approved, and filed by the legal counsel.
This article will discuss a warranty deed, the information to include when preparing the form, its importance, and when to use it.
General Warranty Deed Forms
A warranty deed form is a document the seller uses to guarantee the buyer that they have the legal rights to sell and transfer the property. Therefore, creating a warranty deed form can be challenging. A deed form should be designed to meet the parties’ requirements and complement the property description.
Therefore, if you are trying to create a perfect warranty deed form that will allow you to include all the necessary details, then you should use our warranty deed templates. These templates are readily accessible and downloadable for free via our website. These forms will allow you to design a perfect warranty deed form effortlessly.
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What is a General Warranty Deed?
A general warranty deed is a legal document that shows the transfer of ownership of a property like land or real estate.
The warranty deed documents the property sold, the monetary value of the property, and a list of previous owners of the property. In addition, the warranty deed shows the property’s legal owner. This document not only shows the past owners and the amount paid but also highlights the exact date the property was sold and guarantees complete ownership.
Moreover, a warranty deed shows that the property is not listed as collateral by the grantor and is clear from creditors. A warranty deed will offer insurance and security to the buyer as they secure the ownership of the purchased property.
Alternative Names
General warranty deed forms are also referred to as:
- Statutory warranty deeds
- Grant deeds
- Covenant deeds
- Limited warranty deeds
Covenants of Warranty Deed
There are six different covenants of a warranty deed. These covenants are categorized either as present covenants or future covenants.
Present covenants
Under present covenants, there are:
- Covenant of the right to convey – this is where the seller proves and vows that they have the authority to sell or transfer ownership of the property to the buyer.
- Covenant of seisin – this is a covenant where the grantor proves and promises that the warranty deed describes and gives features of the sold property.
- Covenant against encumbrances – the seller guarantees the grantee that the property has no unnamed and unrevealed debts, mortgages, or contacts of any previous owners that will cause legal issues or hinder the monetary appreciation process of the property.
Future covenants
Under future covenants, we have:
- Covenant of further assurances – the grantor assures the seller to deal and fix any issues or problems associated with the property that will occur in the future.
- Covenant of quiet enjoyment – the seller promises to protect and defend the grantee against any future problems or challenges they might face regarding their title to the property.
- Covenant of warranty – the seller assures the grantee that they will defend them against future challenges to the buyer’s property.
Types of Warranty Deeds
A grantor or grantee can use several types of warranty deeds when selling or purchasing a property, as discussed below:
Grant deed
A grant deed can be used instead of a warranty deed as it offers the same protection to the property owner. In addition, the grant deed offers protection against liens, land claims, and restrictions in most states. However, in the United States, a grant deed does not protect the property owner against third-party claims.
Bargain and sale deed
A bargain and sale deed is most suitable when a buyer purchases an excluded or a foreclosed property. However, this deed does not protect the property owner against property claims, liens, and restrictions. Instead, a bargain and sale deed guarantees that the seller owns and possesses the property’s title.
How and When to Use a Warranty Deed
There are different situations when a grantor or a grantee is required to use a warranty deed. The warranty deed can be used differently depending on the user of the deed.
How
A warranty deed is a legal document designed to protect the owner and their property. The warranty deed is used to outline the specifications of the property. This includes its legal description, price, and the property’s location.
Additionally, with the deed, the buyer will know other involved parties apart from the grantor and the present and past owners of the property. Moreover, the warranty deed will highlight and outline any covenants made to the grantee regarding the ownership of the property. Finally, the warranty deed protects the grantee and directs all risks and financial claims to the grantor.
Furthermore, the warranty deed will ensure that the property sold has no legal issues or financial burdens like mortgages and that the grantor is legally authorized to sell it. The warranty deed guarantees that the property has not already been bought. It will also assure the buyer that the seller is the legitimate and legal owner of the property.
Also, repayments and compensations will be guaranteed if other parties claim property ownership. Note that all covenants, assurances, and agreements must be documented. Additionally, the seller, the buyer, the witnesses, and a notary public must sign the warranty form to make the deed official and legal.
When
A warranty deed is needed when the buyer intends to purchase the property. After the purchase, the deed will be used to show and confirm that the grantee is the property’s legal and rightful new owner. Additionally, a warranty deed is used by the seller as they are the legal owners of the property.
Finally, the grantor may need the warranty deed to assure the buyer that the property does not have any financial claims, mortgages, or liens. It is also a requirement that a warranty deed should be present when the purchase of a property like real estate or land is being finalized.
Important: In general, warranty deeds that are not deemed special or limited always offer the buyer protection against third-party property claims. It also guarantees that the property has no liens or outstanding financial claims from creditors. Notably, the warranty deed allows the buyer to legally own the property after an agreement has been reached and the purchase has been made.
Warranty Deed Vs.
A general warranty deed is a legal document that highlights and outlines the transfer of a property’s ownership from a grantor to the grantee. A general warranty deed offers the grantee total assurance and protection against financial exploitation. The warranty deed offers transparency during the transaction and ensures that the buyer is fully protected from any defects or encumbrances associated with the property. It also outlines the covenants included during the transfer of the property.
Special Warranty Deed
In many aspects, a special warranty deed is similar to a general warranty deed. However, the special warranty deed offers protection to both the seller and the buyer from exploitation. For the special warranty deed, the seller or grantor is responsible for the covenants associated with the property. Additionally, the seller is responsible for any legal or financial issues with the property.
However, this deed only guarantees protection against any legal issues and problems when the seller owns the property. This means the grantee will have to handle and deal with any legal issues associated with the property left by the owners before the current grantor.
Quitclaim Deed
A quit claim deed comes with the highest legal and financial risk to the new owner compared to other deeds. This is because the grantor of the property can only offer and transfer the interest associated with the property. Therefore, this deed does not guarantee that the current owner is the legal owner of the sold property.
Deed of Trust
A deed of trust is unlike a warranty deed. This is because a deed of trust allows the seller and the buyer to transfer the property title to a trustee selected and agreed upon by both the grantor and the grantee. The neutral trustee is a third party holding the property title until the buyer makes total payments or clears their outstanding property loan. In most cases, a deed of trust helps a grantee secure a loan that they will use to purchase the property.
Until the buyer clears off their loan, the deed of trust allows the trustee to own the property and benefit from it temporarily. After the grantee fully pays the loan, the trustee is legally required to transfer the rights and ownership of the property to the buyer.
Real Estate
Real estate is a property that includes land and anything else permanently attached to the land. This may include trees, fences, and commercial or residential buildings. Therefore, a warranty deed allows the grantee to legally acquire the ownership of the real estate from the seller.
Additionally, the grantee will be assured that the buyer is the legal and legitimate owner of the property. Finally, with the deed, the buyer will be assured that the property is free from liens, encumbrances, and mortgages.
How to Write
The seller or the buyer can prepare an accurate general warranty deed form by including the following information:
Preparer’s information
This is the information regarding the individual who prepares the deed. The information includes the preparer’s name, address, contact details, and zip code.
In most cases, the seller or the grantor prepares a warranty deed form. However, any authorized individual can prepare the deed on behalf of the grantor and present it to the grantee. This is only allowed if the grantor agrees and signs the form.
Discuss future recipients
After the document has been prepared and issued, the form may need to be presented to several government agencies for examination and filing. This section is commonly titled “after recording return to.” This section contains the recipient’s name, address, and zip code.
Add the requested information
The information contained in this warranty deed form should be unique and complement the interests of the parties involved. In the first section, indicate the location where the property is located. This includes the state and the county in which the property is found. Secondly, indicate the amount paid to the grantor in words, then use parenthesis to indicate the exact amount numerically.
Next, outline the grantor’s name (seller), role or status, and residential address. The residential address includes the county, city, and state where the grantor resides.
Afterward, indicate the name of the grantee (buyer), their status or role, and their residential address.
Legal description of the property
In the form, the preparer should indicate if the property is residential, commercial, or undeveloped land. Additionally, indicate the exact location of the property and its legal description, like size, color, or available units. Also, the preparer should include the exact price tag of the property. This description helps identify the property being transferred.
Additional key terms
The seller or the buyer may need to include other essential terms in the warranty deed form. However, these additional terms are only necessary if they correspond and complement the property’s features.
Easements
The seller can request to keep the rights to continue using the property or part of it. For example, the grantor might request to keep using the property as a passage to another property they own.
Life estate
The seller can preserve the life estate’s interest in the property. They can do this if they want to remain the legal owners of the property for tax reasons.
Mineral rights
The seller can retain the rights to the minerals and other materials underneath the property’s surface. This may include gas, oil, or other minerals.
Grantor signature
Once all the necessary details have been included in the deed, the grantor will be required to provide their signature. The deed should contain the signatures of at least one grantor. Note that the deed should be signed in the presence of at least two authorized witnesses. Each grantor will be required to provide their name and a signature.
Additionally, the available witnesses will be required to provide their names and their signatures. The witnesses’ address details will also be needed as they sign the document. A notary public will fill the last section of this form.
The notary public will indicate the location, the identities of the involved parties, and the date on which the form was signed. After which, they will add any needed information. The notary public will then examine the form and authenticate it if it meets the legal requirements.
Warranty Deed Laws
Warranty deed laws are the rules and regulations established by the state and national governments to ensure transparency and honesty during the transfer of properties. In addition, these warranty deed laws ensure that the deed forms are similar across the states and that both the grantor and the grantee are protected from exploitation.
Note that some of these laws differ depending on the state where the property is located and the involved parties:
| AL (§ 35-4-271) | MT (§ 70-20-103) |
| AK (AS 34.15.030) | NE (§ 76-206) |
| AZ (§ 33-402) | NV (NRS 111.312) |
| AR(§ 18-12-102) | NH (§ 477:27) |
| CA (§ 1092) | NJ (Section 46:4-7) |
| CO (§ 38-30-113) | NM ((§ 47-1-29 & § 47-1-44)) |
| CT (Sections 47-36c & 47-36d) | NY (NY Real Prop L § 258) |
| DE (§ 121) | NC (§ 47H-6) |
| FL (§ 689.02) | ND (§ 47-10-13) |
| GA (§ 44-5-62) | OH (§ 5302.05) |
| HI (Chapter 13-16) | OK (§ 16-40) |
| ID (§ 55-612) | OR (ORS 93.850) |
| IL (765 ILCS 5/9) | PA (21 P.S. § 5) |
| IN (§ 32-17-1-2) | RI (§ 34-11-12) |
| IA (§ 558.19(3)) | SC (§ 27-7-10) |
| KS (§ 58-2203) | SD (§ 43-25-5) |
| KY (KRS 382.030) | TN (§ 66-5-103) |
| LA (CC 2475) | TX (§ 66-5-103) |
| ME (Title 33, § 763) | UT (§ 57-1-12) |
| MD (§ 2-105) | VT (§ 301) |
| MA (Chapter 183, Section 10) | VA (§ 55-68) |
| MI (§ 565.151) | WA (RCW 64.04.030) |
| MN (§ 507.07) | WV (§ 36-4-2) |
| MS (§ 89-1-33) | WI (§ 706.10(5)) |
| MO (§ 442.430) | WY (§ 34-2-102) |
Legal Considerations
A warranty deed is an important document needed when an individual is buying or selling a property. The deed shows the grantee that the grantor is the rightful and legitimate owner of the property. Before completing a warranty deed, the grantor must obtain the current warranty deed copy of the property. When completing the new warranty deed, the preparer should include the accurate details of both the seller and the buyer. This will include their names, contact details, and their address details.
It is a legal requirement for the preparer of the deed to list the number of properties the seller will transfer to the potential buyer. First, a legal description of the property will be required. This includes the dimensions, measurements, and boundaries of the property. Once the deed form is completed, all the parties will provide their signatures in the presence of witnesses. Afterward, the warranty deed will be examined, authenticated, and filed by a notary public. With a notarized and filed deed, the property transfer can be completed. This means that the property will be listed under the new owner.
Where to Record
Once the buyer and the seller have signed the deed and the transaction process has been examined and completed, the document must be filed or recorded. The seller or the buyer can record the warranty deed form at the Registry of Deeds or any authorized county office.
| States | Where to record |
| AL (Ala. Code 1975 § 35-4-50) | County Probate Judge |
| AK (AS § 40.17.020) | District Recorder’s Office |
| AZ (A.R.S. § 11-468) | County Recorder’s Office |
| AR (A.C.A § 14-15-404) | Circuit Court |
| CA (Cal. Civ. Code §§ 1170, 1169) | County Recorder’s Office |
| CO (C.R.S.A. § 38-35-109) | County Recorder’s Office |
| CT (C.G.S.A. § 7-24) | County Recording Office |
| DE (9 Del.C. § 9605) | Kent, New Castle, or Sussex County |
| FL (F.S.A. § 695.01(2)) | County Recording Office |
| GA (Ga. Code Ann., § 44-2-1) | Clerk of the Superior Court |
| HI (HAR § 13-16-4) | Hawaii Bureau of Conveyances |
| ID (I.C. § 55-808) | County Recorder’s Office |
| IL (765 ILCS 5/28) | County Recorder’s Office |
| IN (IC § 32-21-2-3) | County Recorder’s Office |
| IA (I.C.A. § 558.13) | County Recorder’s Office |
| KS (K.S.A. § 58-2221) | County Recorder’s Office |
| KY (KRS § 382.110) | County Clerk’s Office |
| LA (C.C. Art. 3346) | Clerk of Court’s Office |
| ME (33 M.R.S.A. § 201-B) | County Registry of Deeds |
| MD (MD Code, Real Property, § 3-104) | Division of Land Records at the Circuit Court |
| MA (M.G.L.A. 36 § 12) | County Registry of Deeds |
| MI (M.C.L.A. 565.201) | County Registry of Deeds |
| MN (M.S.A. § 507.0944) | County Recorder’s Office |
| MS (Miss. Code Ann. § 89-5-1) | Clerk of the Chancery Clerk’s Office |
| MO (V.A.M.S. 442.400) | County Recorder of Deeds |
| MT (M.C.A. 70-21-201) | County Clerk and Recorder’s Office |
| NE (Neb. Rev. St. § 76-238) | County Recorder’s Office |
| NV (N.R.S. 111.315) | See List of County Recorders |
| NH (N.H. Rev. Stat. § 477:3-a) | County Registry of Deeds Office |
| NJ (N.J.S.A. 46:5-5) | County Clerk’s Office |
| NM (N. M. S. A. 1978, § 14-9-1) | County Clerk’s Office |
| NY (N.Y. Real Prop. Law § 291) | County Court Clerk’s Office |
| NC (N.C.G.S.A. § 47H-2) | County Registry of Deeds |
| ND (NDCC, 47-19-07) | County Recorder’s Office |
| OH (R.C. § 5301.25) | County Recorder’s Office |
| OK (16 Okl. St. Ann. § 16) | County Clerk’s Office |
| OR (O.R.S. § 93.760) | County Recorder’s Office |
| PA (21 P.S. § 351) | County Recorder’s Office |
| RI (Gen. Laws 1956, § 34-11-1) | City/Town Office (varies by area) |
| SC (Code 1976 § 30-7-10) | County Recorders of Deeds |
| SD (SDCL § 43-28-1) | County Recorder’s Office |
| TN (T. C. A. § 66-5-106) | County Recorder’s Office |
| TX (V.T.C.A., Property Code § 11.001) | County Register of Deeds |
| UT (U.C.A. 1953 § 57-3-101) | County Recorder’s Office |
| VT (27 V.S.A. § 402) | County Clerk’s Office |
| VA (VA Code Ann. § 55.1-407) | Clerk of the Circuit Court |
| WA (RCW 65.08.070) | County Recorder’s Office |
| WV (W. Va. Code, § 39-1-2) | County Clerk’s Office |
| WI (W.S.A. 706.05) | County Register of Deeds |
| WY (W.S. 1977 § 34-1-118) | County Clerk’s Office |
Frequently Asked Questions
How to get a warranty deed?
A warranty deed form can be obtained from an authorized real estate agent. The deed preparer can also download a copy of the form for free from the internet. Note that the obtained form should allow the preparer to add all the necessary information about the involved parties and the property.
Does a warranty deed prove ownership?
No. a warranty deed form does not show proof of ownership. A warranty deed is used to protect both the grantor and the grantee from financial exploitation during the transfer of property ownership. A title is used to show and prove ownership of a property. A warranty deed transfers the title from the current owner to the new owner.