General Warranty Deed Form: Guaranteed Property Title

What is a General Warranty Deed?

When buying or selling real estate, the deed is the physical legal document that transfers ownership from the old owner (Grantor) to the new owner (Grantee). While there are several types of deeds, the General Warranty Deed Form provides the absolute highest level of protection for the buyer. It is the standard document used in the vast majority of traditional home sales, mortgage financing, and title-insured transactions.

By signing a Property Warranty Deed, the seller is making a legally binding promise—a warranty—that they own the property free and clear, and they have the legal right to sell it. Crucially, this warranty covers the property’s entire history, not just the time the seller owned it. If a long-lost heir from 50 years ago suddenly appears claiming ownership, or if there is an unpaid contractor lien from two owners ago, the seller who signed the warranty deed is legally responsible for fixing the problem.

Warranty Deed vs. Quitclaim Deed: A Critical Distinction

It is vital to choose the correct Warranty Deed Template. Many people confuse it with a Quitclaim Deed, but they are functionally opposite.

• Quitclaim Deed: Transfers whatever interest the seller has, if any, with zero guarantees. It is typically used for divorces or transfers between family members where no money is changing hands. If the title is bad, the buyer is out of luck.
• General Warranty Deed: Transfers ownership with a full guarantee. It protects the buyer against all title defects, liens, and encumbrances. This is the document you must use if you are selling a home to a stranger or if a bank is financing the Real Estate Deed Transfer.

The Six Covenants of Title

When you use our General Warranty Deed Form generator, the resulting document includes the “Six Covenants of Title.” These are the specific legal promises the seller makes to the buyer, which form the backbone of property ownership security in the United States.

1. Covenant of Seisin

The seller guarantees that they legally own the property and possess the deed. Essentially, “I own the land I am selling you.”

2. Covenant of Right to Convey

The seller guarantees they have the legal authority to transfer the property. This ensures the seller isn’t a minor, incompetent, or restricted by a trust.

3. Covenant Against Encumbrances

The seller promises that the land is free of liens, mortgages, taxes, or easements, except for those specifically listed in the deed. This is vital for a clean Real Estate Deed Transfer.

4. Covenant of Quiet Enjoyment

The seller guarantees that the buyer’s ownership will not be disturbed by third-party claims. If someone else knocks on the door claiming they own the house, the seller must defend the buyer.

5. Covenant of Warranty

The seller promises to legally defend the title against any and all claims to the property forever. This is the “Warranty” in the Property Warranty Deed.

6. Covenant of Further Assurance

The seller promises to do whatever is necessary in the future to perfect the title if a paperwork error is discovered later.

When Should You Use a Warranty Deed Template?

Because it places a high liability on the seller, a General Warranty Deed Form is typically used in specific high-value scenarios.

Buying or Selling a Home

In a standard residential sale, the buyer (and the buyer’s mortgage lender) will demand a General Warranty Deed. Title insurance companies usually require this specific deed type to issue a policy. Using a lesser deed, like a Special Warranty Deed or Quitclaim Deed, may cause the bank to deny the loan.

Transferring Commercial Property

Business transactions require certainty. Commercial investors almost exclusively use a Property Warranty Deed to ensure the asset they are purchasing is free of hidden debts or legal entanglements.

Estate Planning Transfers

While Quitclaim deeds are common for families, parents often use a Warranty Deed to transfer property to their children to ensure the children receive a “clean” title that makes it easier for them to sell the property or refinance it in the future.

Recording Your Real Estate Deed Transfer

Signing the deed is only half the battle. To be legally effective against third parties, your General Warranty Deed Form must be recorded with the government. Our instructions guide you through this final step.

1. Notarization: All owners (Grantors) must sign the deed in front of a Notary Public. Some states require additional witnesses.
2. Recording: Take the original, notarized deed to the County Clerk or Recorder of Deeds in the county where the property sits.
3. Filing Fees: You will pay a nominal recording fee (usually $15-$50) to make the transfer public record.

Frequently Asked Questions

What information do I need to start?

To create your Warranty Deed Template, you will need the full legal names of the Grantor (Seller) and Grantee (Buyer), their marital status, and the “Legal Description” of the property. The Legal Description is not the street address; it is the “Lot and Block” or “Metes and Bounds” description found on the previous deed.

Can I use this deed if I have a mortgage?

Generally, no. You cannot transfer a property that has an active mortgage on it without the bank’s permission (due to the “Due on Sale” clause). You typically must pay off the mortgage at the closing table before the General Warranty Deed Form is recorded.

Does this document act as a Bill of Sale?

No. A deed transfers real estate (land and buildings). If you are also selling furniture, appliances, or equipment inside the house, you need a separate Bill of Sale for those personal property items.

What if I am married?

If the property is a homestead, most states require the spouse to sign the Property Warranty Deed even if their name is not technically on the title. This waives their homestead rights. Our system checks your state laws to see if spousal signature is mandatory.