Warranty Deed Generator

A warranty deed is the gold-standard instrument for transferring ownership of real property from a grantor (seller) to a grantee (buyer), providing the highest level of title protection available in American real estate law. Unlike a quitclaim deed, which transfers only whatever interest the grantor may hold without any guarantees, a warranty deed contains legally binding promises known as the six covenants of title that protect the grantee against defects in the title, undisclosed encumbrances, and claims by third parties asserting superior ownership rights.

The six covenants traditionally included in a general warranty deed are the covenant of seisin (the grantor owns the property), the covenant of right to convey (the grantor has authority to transfer it), the covenant against encumbrances (the property is free from liens, easements, and other burdens except those disclosed), the covenant of quiet enjoyment (the grantee will not be disturbed by third-party claims), the covenant of warranty (the grantor will defend the grantee's title against all lawful claims), and the covenant of further assurances (the grantor will execute any additional documents needed to perfect the grantee's title). These covenants cover the entire chain of title, meaning the grantor is liable for defects arising at any point in the property's ownership history.

A special warranty deed (called a grant deed in California and some other states) provides more limited protection. The grantor warrants only against defects that arose during their period of ownership, not against defects from prior owners. Special warranty deeds are commonly used in commercial real estate transactions, bank sales of foreclosed properties, and transfers by fiduciaries such as estate executors and trustees. Title insurance, purchased from a title company through the American Land Title Association (ALTA) framework, supplements the warranty deed's protections by insuring the grantee against losses from title defects that the warranty covenants alone might not fully remedy.

The execution and recording of a warranty deed must comply with state-specific statutory requirements. All states require the grantor's signature to be notarized, and the deed must be recorded with the county recorder's office in the county where the property is located to provide constructive notice to the public and protect the grantee against subsequent purchasers and creditors. The deed must contain an adequate legal description of the property (metes and bounds, lot and block, or government survey), the names of the grantor and grantee, words of conveyance, and the recitation of consideration. Many states also require a transfer tax stamp or documentary tax payment at the time of recording. When the transfer is part of a broader transaction, the warranty deed should be coordinated with the promissory note and mortgage or deed of trust.