Warranty deed

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A warranty deed is a type of deed where the grantor (seller) guarantees that he or she holds clear title to a piece of real estate and has a right to sell it to the grantee (buyer).[1] This is in contrast to a quitclaim deed, where the seller does not guarantee that he or she holds title to a piece of real estate.[1] A general warranty deed protects the grantee against title defects arising at any point in time, extending back to the property's origins.[1][2] A special warranty deed protects the grantee only against title defects arising from the actions or omissions of the grantor.[1][2]

A warranty deed includes six traditional forms of Covenants for Title.[2] Those six traditional forms of covenants can be broken down into two categories: present covenants and future covenants.

Note - Not all states recognize the Covenant of Further Assurances (e.g. Ohio)

Most buyers perform a title search to determine if there are defects in title that must be resolved before they purchase real property. A title search provides constructive notice of any encumbrances, easements, or restrictions on the property being conveyed, and is generally considered part of a buyer's due diligence in the process of purchasing real estate. Buyers can also purchase title insurance to protect against title defects. A warranty deed is not a substitute for title insurance because, if the grantor later dies or goes bankrupt, the grantee may not be able to exercise the warranty.[1]

References[edit]

  1. ^ a b c d e http://legal-dictionary.thefreedictionary.com/warranty+deed
  2. ^ a b c d e f g h i 14 Powell on Real Property § 81A.03
  3. ^ United States v. Lacy, 234 F.R.D. 140, 147 (S.D. Tex. 2005)
  4. ^ 21 C.J.S. Covenants § 21
  5. ^ 21 C.J.S. Covenants § 19
  6. ^ 21 C.J.S. Covenants § 20