Warranty Deed (General Warranty Deed)
A warranty deed is a legal document that transfers property ownership while providing the buyer with the highest level of protection, as the seller guarantees clear title and promises to defend against any claims throughout the property's entire history.
Exam Tip
General warranty = BEST protection (all 6 covenants). Protects against ALL claims, even before seller's ownership. Special warranty = only seller's period.
What is a Warranty Deed?
A general warranty deed (often just called a warranty deed) provides the highest level of buyer protection when transferring real property. The seller (grantor) guarantees that they have clear title and will defend against ALL claims to the property, even claims that arose before the seller owned it.
The Six Covenants of a General Warranty Deed
| Covenant | Guarantee |
|---|---|
| Covenant of Seisin | Grantor owns the property and has the right to convey it |
| Covenant of Right to Convey | Grantor has legal authority to transfer title |
| Covenant Against Encumbrances | Property is free of liens, easements, or restrictions (except as stated) |
| Covenant of Quiet Enjoyment | Buyer won't be disturbed by title claims |
| Covenant of Warranty | Grantor will defend against all title claims |
| Covenant of Further Assurance | Grantor will take steps to cure title defects |
Present vs. Future Covenants
| Type | Covenants | When Breached |
|---|---|---|
| Present | Seisin, Right to Convey, Against Encumbrances | At time of transfer |
| Future | Quiet Enjoyment, Warranty, Further Assurance | When claim is made |
Types of Warranty Deeds Compared
| Deed Type | Protection Level | Who's Protected Against |
|---|---|---|
| General Warranty | Highest | All claims, even before seller's ownership |
| Special Warranty | Limited | Only claims during seller's ownership |
| Quitclaim | None | No warranties at all |
When General Warranty Deeds Are Used
| Situation | Why |
|---|---|
| Residential purchases | Standard in most home sales |
| Title insurance available | Backs up the warranties |
| Arms-length transactions | Between unrelated parties |
| Seller confident in title | Can make all six warranties |
What Warranty Deeds Contain
| Element | Description |
|---|---|
| Grantor identification | Seller's name and status |
| Grantee identification | Buyer's name |
| Legal description | Property boundaries |
| Consideration | Purchase price |
| Warranty language | The six covenants |
| Signature | Grantor's signature |
| Notarization | Official acknowledgment |
Remedies for Breach of Warranty
| Breach | Buyer's Remedy |
|---|---|
| Title defect discovered | Damages up to purchase price |
| Eviction by superior title | Full purchase price + costs |
| Encumbrance found | Cost to remove encumbrance |
| Defense required | Seller must defend or pay costs |
Recording Requirements
After closing, the warranty deed should be:
- Recorded with county recorder
- Filed in proper order (first in time = first in right)
- Indexed for public searchability
Exam Alert
General warranty deed = HIGHEST buyer protection. Seller warrants against ALL claims, even those before their ownership. Contains SIX covenants (Seisin, Right to Convey, Against Encumbrances, Quiet Enjoyment, Warranty, Further Assurance). Compare to special warranty (limited to seller's ownership period) and quitclaim (no warranties).
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Related Terms
Special Warranty Deed
Real EstateA special warranty deed is a deed where the grantor only guarantees clear title for the period they owned the property, not for the entire history of ownership, providing less protection than a general warranty deed.
Quitclaim Deed
Real EstateA quitclaim deed transfers whatever interest the grantor has in a property without any warranties or guarantees about the quality of title, commonly used between family members or to clear title defects.
Title
Real EstateTitle is the legal right to own, use, and dispose of real property, representing the bundle of rights that come with property ownership.
Encumbrance
Real EstateAn encumbrance is any claim, lien, charge, or liability attached to real property that may diminish its value or burden its title, but does not necessarily prevent transfer of ownership.
Deed
Real EstateA deed is a legal document that transfers ownership (title) of real property from one party to another.