Warranty deeds are important legal papers used to document the transfer of properties between selling and purchasing parties. If you wish to sell or donate property to another individual or an organization (or receive a property), you need a warranty deed to finalize the transaction. Without it, the transferee’s ownership may not be legally complete.
Warranty deeds differ depending on the type of sale being made and the extent of the protections being granted to the transferee. However, all deeds should make the following legally binding promises:
- The warranty deed accurately describes the property being transferred.
- The grantor has the legal right to transfer the property to another.
- There are no undisclosed debts relating to the property that will lower its value.
- The grantor agrees to legally defend the transfer of this property.
- If problems occur with the legal documentation, the grantor will resolve them.
What To Include in a Warranty Deed
The easiest way to write a warranty deed, particularly if you have no experience, is to use templates. This will help you get the terminologies right.
- Grantor’s Name – the name of the individual or organisation transferring the property to another (the seller).
- Grantee’s Name – the name of the individual or organisation taking ownership of the property as a result of the transfer.
- Mailing Address – both the address of the seller (grantor) and the buyer (grantee) must be included on the warranty deed.
- Consideration – the precise amount of money (or other commodity) changing hands as part of the property sale.
- Legal Description – the legal description of the property being transferred (address, number of rooms, acres of land, etc).
- Parcel Number – this number is located on the property’s tax documents. In some cases, it can be tricky to find. If you have any trouble, the best place to seek advice is the city or court office responsible for managing the taxes.
- Witnesses’ Names – most states require the signing of a warranty deed to be overseen by independent witnesses. Some states also require the witnesses to sign the document.
- Notary’s Name – the notary is the legal official responsible for processing the deed and validating its signatures.
Warranty Deed Format
Here is an example of what your warranty deed should look like. Remember, there are variations. It’s essential to do your research and understand state requirements.
We {Grantor’s Name}, with a street address of {Grantor’s House Number and Street} in the city of {Grantor’s City}, in the state of {Grantor’s State} being {Marital Status}.
For consideration paid in the amount of {Transaction Amount}, grant, convey and warrant to {Grantee’s Name} with a street address of {Grantee’s House Number and Street}, in the city of {Grantee’s City} in the state of {Grantee’s State} as:
{Grantees’ Legal Status (if multiple grantees)} .
A certain parcel of land with the buildings thereon situated with a street address of {Property’s Number and Street} in the city of {Property’s City} in the state of {Property’s State} being recorded with {Witness’ Name} and (Witness’ Name} and being bound and described as follows:
{Property Description}
And containing {Number of Acres} of land, more or less.
Said premises are conveyed subject to {Insert Relevant Easements/Restrictions}.
Signed
Sample Warranty Deed
For value received, Jacob Smith, the grantor, whose current address is 267 Old Town Rd, Hudson, Maine, (ME) 04449, does hereby grant, bargain, sell and convey unto Mark Andre, the grantee, whose current address is 2690 Winterbrook Lane, Kingfield, Maine (ME), 04947, the following described premises:
The real estate property located at 1002 Flowage Lane in the city/township of Crandon, located in the County of Baker and the State of Wisconsin and zip code 34587, to wit;
Property having lot no. 146, with section no. 785, and property beginning at empty lot no buildings.
To have and to hold the same premises, with their appurtenances unto the said grantee, heirs and assigns forever. And the sand grantor does hereby covenant to and with the said grantee that he is the owner in fee simple of premises; that they are free from all encumbrances.
Except: subject to all existing patent reservations, easements, right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes, assessments, including irrigation and utility easements (if relevant) for the current year, which are not due and payable, and that the grantor will warrant and defend from all lawful claims whatsoever.
Dated: 19. 04. 2016
Jacob Smith (signed)
Mark Andre (signed)
State of Wisconsin
County of Baker
On the 19th April 2016, before me, George Richards, personally appeared, Jacob Smith, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged he executed the same.
George Baker (signed)
Warranty Deed Examples and Forms
If you’re unfamiliar with the way warranty deeds look or function, it’s a good idea to study templates and example documents. Look at the templates below for guidance:
General Warranty Deed Form
Blank Warranty Deed Form
Special Warranty Deed Form
Sample Warranty Deed Form
Why Are Warranty Deeds Important?
One common misconception about warranty deeds is they prove ownership and cannot be challenged. This isn’t strictly true, but it’s not completely inaccurate either. When a seller decides to transfer their property via deed, they are swearing that – to the best of their knowledge – they own the property and wish to give it to you.
In the rare event, they are wrong, and somebody unknown has a stake in the property or the seller has lied about the property’s debt, a warranty deed provides protection. It may not guarantee the transferee’s right to the property if it is challenged by an earlier claim, but it makes them eligible for compensation.
Without it, the transferee may lose the property, even if it was fairly paid for, and receive nothing for their trouble. For this reason, most property sales involve warranty deeds. Here are some tips on how to write one:
Warranty Deed Form Sample
Corporation Form Warranty Deed
Statutory Warranty Deed Form 1
Statutory Warranty Deed Form
Limited Warranty Deed Form
Florida Special Warranty Deed Form
Before you start drafting, do some research on warranty deed regulations in your state. Requirements may vary. In some locations, these transfer documents are rooted in common law and form customary real estate practices. In others, they are empowered by a specific statue and must contain specific legal terms and clauses.
All warranty deeds must contain an accurate description of the property being transferred. While it may sound obvious, it’s essential the seller legally swears to the legitimacy of the deed. They must also detail any sale or trade made as part of the transaction. They must outline the detail of share ownership if the transfer is being granted to more than one person.
As with most legal documents, all parties must sign. In many states, even the font size and page format are strictly regulated. Any breach of the rules may render the document invalid.
FAQs about Warranty Deeds
Deeds and titles are often confused because they both play essential roles in property transfers. They are often used interchangeably even though they refer to two distinct legal elements. The ‘deed’ is the document used to transfer a title from the current owner to a new owner. The ‘title’ is the actual documentary evidence of ownership.
If you own a property, you are in possession of its title. To legally sell or donate it, you need to draw up and sign a warranty deed.
A warranty deed is legal evidence of ownership or, at least, the intent of ownership. It does not always guarantee the grantee’s legal ownership if rights are challenged by a previously unknown person. However, it does acknowledge the grantee’s payment for a property and any subsequent promises made by the grantor.
If, in the rare case, ownership is challenged by a previously unknown person, the grantee is provided with certain financial protections.
Warranty deeds are based on ownership and, as such, are transferred from individual to individual (organization). They have no expiry date. Only the period of ownership expires according to transfer requirements and agreements.
The short answer is no. However, there’s no need to worry if you cannot locate your documents. There’s a good chance they will be on file in the city or town’s land registry department.
There are three commonly used types of warranty deed. Each documents the transfer of property, but there are variations according to what a grantor wishes to convey, what restrictions relate to the property, and what warranties will be covered by the deed.
General Warranty Deed
This is the most commonly used warranty deed and what is normally being described when people apply the term ‘warranty deed.’ Of all the deed types, it conveys the most protections to the grantee because it contains warranties and/or covenants (promises) associated with ownership and use of the property.
Legally, the essential terms in a general warranty deed are ‘convey and warrant’ and ‘warrant generally.’ They grant ownership of the property to a (buyer) new individual or organization, most often permanently.
Special Warranty Deed
Special warranty deeds convey fewer legal protections than general warranty deeds as featured covenants are less significant. They’re typically used to finalize temporary transfers of property and drawn up by corporations, trusts, and other fiduciaries.
Legally, the most essential terms in a special warranty deed are ‘grantor remises,’ ‘conveys, ‘alienates’, and ‘releases.’
Quit Claim Deed
The quit claim deed contains no covenants or warranties of any kind. It is dissimilar to both general warranty and special warranty deeds because it only documents an interest in potentially transferring the property.
This document allows the grantor to assume no guarantees and no further liabilities or responsibilities.
Differences between the Warranty Deed Types
| General Warranty Deed | Special Warranty Deed | Quit Claim Deed |
| Provides the most protection to the grantee. Includes up to six covenants (legal promises) | Provides moderate protection to the grantee. Includes some covenants. | Provides the least protection to the grantee. Includes no covenants. |
| Safeguards the title against all flaws regardless of whether the grantor is responsible. | Safeguards the title only against flaws by the grantor and only while they own the property. | Safeguards the title in no way. Suitable for use in intrafamily divorce suits, tax sales and estate proposals. |
| Encompasses the whole history of the property since the grantor took ownership. | Covers only the period in which the property was owned by the grantor. | Encompasses no specific period of time. |
| Commonly used to document transfers involving cash fees. | Commonly used to document transfers involving cash fees. | Commonly used when a transfer requires no financial transaction. |
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