Warranty Deed
Warranty Deed Generator
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Signature Requirements
E-Signature with Notarization
Warranty deeds are valid with electronic signatures under the ESIGN Act and UETA. However, notarization is universally required for recording with the county recorder's office. Some states including Florida, South Carolina, and Georgia require two witnesses in addition to notarization.
Sample Warranty Deed Generated by Legal Tank
Warranty Deed
Grantor and Grantee
This General Warranty Deed (the "Deed") is made and executed by [____________] (the "Grantor"), whose address is [____________], to and in favor of [____________] (the "Grantee"), whose address is [____________]. Grantor represents that Grantor is the lawful owner of the Property described herein and possesses full legal authority and capacity to make this conveyance.
Where Grantor or Grantee consists of more than one person, the term shall include all such persons collectively and individually. If the Property is marital or community property, the non-titled spouse has joined in the execution of this Deed to release and convey any and all rights, including homestead, dower, curtesy, and community property interests, in and to the Property.
Property Description
Grantor hereby conveys to Grantee the following described real property situated in the County of [____________], State of [____________] (the "Property"): [INSERT FULL LEGAL DESCRIPTION]. This conveyance includes all buildings, improvements, and fixtures situated upon the Property, all appurtenances and hereditaments thereunto belonging, all easements benefiting the Property, and all right, title, and interest of Grantor in and to any streets, alleys, or rights-of-way adjacent to the Property.
The Property is further identified by Assessor's Parcel Number [____________] and is commonly known as [____________]. Grantor warrants that the legal description set forth herein is accurate and complete and that no portion of the Property intended to be conveyed has been omitted from such description.
Conveyance and Full Warranties
For and in consideration of [$__________], the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby grant, bargain, sell, convey, and confirm unto Grantee, and Grantee's heirs, successors, and assigns forever, the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, subject only to the Permitted Exceptions set forth in Article VI, TO HAVE AND TO HOLD the same unto Grantee, and Grantee's heirs, successors, and assigns forever.
Grantor, for Grantor and Grantor's heirs, executors, administrators, successors, and assigns, does hereby covenant, promise, and agree to and with Grantee, and Grantee's heirs, successors, and assigns, that Grantor shall WARRANT AND FOREVER DEFEND the title to the Property against all lawful claims and demands of all persons whomsoever, subject only to the Permitted Exceptions.
Covenant of Seisin
Grantor covenants that, at the time of the execution and delivery of this Deed, Grantor is lawfully seized of an indefeasible estate in fee simple in and to the Property, and that Grantor has good right, full power, and lawful authority to sell, convey, and transfer the same. Grantor warrants that this covenant of seisin is a present covenant that runs with the land and is breached, if at all, at the time of conveyance.
Grantor further covenants that Grantor has not entered into any agreement, contract, or understanding, whether oral or written, that would impair, limit, or restrict Grantor's ability to convey the Property as set forth herein. Grantor represents that no bankruptcy, insolvency, or receivership proceedings are pending or threatened against Grantor that could affect the validity of this conveyance.
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Covenant of Right to Convey
Grantor covenants that Grantor has the lawful right and authority to convey the Property and that no consent, approval, waiver, or authorization of any third party, governmental authority, lender, or other person or entity is required to effectuate this conveyance, except as has been obtained and is evidenced in writing prior to the execution of this Deed.
If the Property is subject to any mortgage, deed of trust, or other security instrument containing a due-on-sale clause or similar transfer restriction, Grantor represents that the necessary consent of the holder of such security interest has been obtained, or that such security interest will be satisfied and released of record at or prior to the time of recording of this Deed.
Covenant Against Encumbrances
Grantor covenants that the Property is free and clear of all liens, encumbrances, charges, assessments, claims, and defects of title whatsoever, except for the following Permitted Exceptions: (a) real property taxes and assessments for the current fiscal year not yet due and payable; (b) easements, covenants, conditions, and restrictions of record as set forth in that certain title commitment or preliminary title report dated [____________], issued by [____________] (the "Title Company"); and (c) [____________].
Grantor shall, at Grantor's sole cost and expense, cause to be released and discharged of record all liens, encumbrances, and defects of title that are not Permitted Exceptions, including without limitation any judgment liens, mechanic's liens, tax liens, and mortgages or deeds of trust, at or prior to the recording of this Deed. Grantor shall indemnify and hold Grantee harmless from any loss, cost, or expense arising from any breach of this covenant.
Covenant of Quiet Enjoyment
Grantor covenants that Grantee, and Grantee's heirs, successors, and assigns, shall peaceably and quietly have, hold, use, occupy, possess, and enjoy the Property, and every part and parcel thereof, without suit, hindrance, molestation, eviction, or disturbance by Grantor or any person or persons lawfully claiming by, through, or under Grantor. This covenant of quiet enjoyment is a future covenant that runs with the land and shall be enforceable by Grantee and Grantee's successors in interest.
In the event of any breach of this covenant, Grantor shall be liable to Grantee for all actual damages sustained, including reasonable attorneys' fees, court costs, and expenses of litigation incurred in defending Grantee's title and possession. Grantor's liability under this covenant shall not be limited to the consideration paid for the Property and shall extend to all losses proximately caused by the breach.
Covenant of Further Assurances
Grantor covenants that Grantor shall, at any time and from time to time hereafter, upon the reasonable request of Grantee or Grantee's heirs, successors, or assigns, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such further instruments, conveyances, and assurances as may be reasonably necessary or desirable to vest in Grantee the full rights intended to be conveyed by this Deed, to correct any errors or deficiencies in this Deed, or to otherwise carry out the purposes and intent of this conveyance.
The obligation under this covenant includes, without limitation, the execution of corrective deeds, affidavits of identity, affidavits of title, lien waivers, and any other documents reasonably required by a title insurance company to issue an owner's policy of title insurance in favor of Grantee, free and clear of all matters other than the Permitted Exceptions. All costs associated with such further assurances shall be borne by Grantor.
Recording and Transfer Tax
This Deed shall be recorded in the official records of the County Recorder for the county in which the Property is situated. Documentary transfer tax in the amount of [$__________], computed on the [full value / full value less liens and encumbrances remaining at the time of sale], shall be paid by [Grantor / Grantee] at the time of recording. Recording fees and all other costs of recording shall be allocated as agreed by the parties in their purchase and sale agreement.
Grantor shall deliver the fully executed and acknowledged original of this Deed to Grantee or to an escrow agent designated by the parties for recording. Title shall pass to Grantee upon delivery of this Deed, and constructive notice shall be imparted upon recording in accordance with the recording acts of the State of [____________].
Governing Law and Miscellaneous
This Deed shall be governed by and construed in accordance with the laws of the State of [____________]. The covenants and warranties contained herein shall survive the delivery and recording of this Deed and shall be binding upon Grantor and Grantor's heirs, executors, administrators, successors, and assigns, and shall inure to the benefit of Grantee and Grantee's heirs, successors, and assigns.
If any provision of this Deed shall be held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby. This Deed constitutes the entire agreement between the parties with respect to the conveyance of the Property and supersedes all prior and contemporaneous agreements, representations, and understandings relating to such conveyance, except for the terms of any separate purchase and sale agreement between the parties.
What Is a Warranty Deed?
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 generator and mortgage or deed of trust.
| Deed Type | Level of Protection | Covenants Covered | Common Use |
|---|---|---|---|
| General Warranty Deed | Highest | All 6 covenants, entire chain of title | Residential sales |
| Special Warranty Deed | Moderate | Limited to grantor's ownership period | Commercial sales, bank REO |
| Grant Deed | Moderate | 2 implied covenants (CA standard) | California real estate |
| Quitclaim Deed | None | No covenants or guarantees | Family transfers, divorce |
Why You Need a Warranty Deed
You are selling residential real estate and the buyer requires a general warranty deed providing full title guarantees as part of the purchase agreement. Start with our free warranty deed template to see what a complete deed looks like before generating yours.
You are purchasing a property and want the strongest available title protection through the six covenants of title, supplemented by a title insurance policy.
A lender requires a warranty deed as a condition of mortgage financing to ensure the borrower has clear, marketable title to the property being pledged as collateral. For complex transactions, get a quote for your warranty deed to ensure full compliance with state recording requirements.
You are transferring property to a family member as a gift and want to provide them with the same level of title protection that a commercial buyer would receive. If the property is part of an estate, coordinate with the affidavit of heirship process.
Your real estate transaction involves a title company that requires a specific deed form to issue its ALTA owner's title insurance policy. Coordinate the deed with a Free promissory note if seller financing is involved.
Related Real Estate Documents
Warranty Deed is often used alongside other real estate documents. Depending on your situation, you may also need:
Key Sections in a Warranty Deed
Grantor and Grantee Information
Identifies the current owner (grantor) and the recipient (grantee) by full legal name and address. If the property is held by a married couple, trust, or entity, the names must match the vesting on the current deed.
Legal Description of Property
Provides the precise legal description using metes and bounds, lot and block, or government survey system. The legal description must match the property's recorded description exactly; street addresses alone are insufficient.
Warranty Covenants
Contains the six covenants of title that form the grantor's legally binding promises. A general warranty deed covers the entire chain of title; a special warranty deed limits the covenants to the grantor's period of ownership.
Consideration Statement
Recites the consideration exchanged for the transfer, which may be the actual purchase price or a nominal amount such as "ten dollars and other good and valuable consideration." Some states calculate transfer taxes based on the stated consideration.
Encumbrance Exceptions
Lists any known encumbrances that survive the transfer, such as easements, restrictive covenants, utility rights-of-way, and existing liens that the grantee agrees to accept. These exceptions modify the covenant against encumbrances.
Execution and Acknowledgment
The grantor's signature, notary acknowledgment, and any required witnesses. Some states require the grantee's signature as well, particularly when the grantee assumes an existing mortgage or agrees to specific conditions.
Warranty Deed Legal Requirements
All states require the grantor's signature to be notarized by a commissioned notary public, and some states additionally require one or two witnesses to the execution.
The deed must be recorded with the county recorder's office in the county where the property is located to provide constructive notice and protect the grantee against subsequent claims.
State statutes prescribe specific language, formatting, and content requirements for warranty deeds, including font size, margin requirements, and the inclusion of a return address for the recorded document.
Documentary transfer taxes or deed stamps are required at recording in most states, calculated based on the property's sale price or assessed value.
The Residential Lead-Based Paint Hazard Reduction Act requires a lead paint disclosure for properties built before 1978, and this disclosure should accompany the deed transfer in applicable transactions.
Common Warranty Deed Mistakes to Avoid
Using an incorrect or outdated legal description that does not match the property's current recorded description, which can cause the county recorder to reject the deed or create title defects.
Failing to disclose known encumbrances as exceptions to the warranty, exposing the grantor to breach of covenant claims when the grantee discovers existing easements, liens, or restrictions. A thorough property disclosure statement can help document these issues.
Not having the deed properly notarized before recording, which renders the deed legally ineffective for providing constructive notice and may void the transfer in some jurisdictions.
Omitting required documentary transfer tax payments or preliminary change of ownership reports, which causes the county recorder to reject the deed for recording.
Using a warranty deed when a special warranty deed or quitclaim deed would be more appropriate for the transaction, such as transfers between family members or from an estate, unnecessarily exposing the grantor to covenant liability.
Frequently Asked Questions About Warranty Deeds
What is a warranty deed?
What is the difference between a warranty deed and a quitclaim deed?
Does a warranty deed need to be notarized?
What are the covenants in a warranty deed?
Who signs a warranty deed?
What is a special warranty deed?
How much does a warranty deed cost?
Can a warranty deed be revoked?
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