Real Estate Law

Warranty Deed

Warranty Deed

Warranty Deed

A Warranty Deed is a legal document used in real estate transactions to transfer property ownership. Key features include:

1. Provides the highest level of protection for the buyer

2. Seller (grantor) guarantees a clear title to the property

3. Includes several warranties or promises:

   – Seller owns the property and has the right to sell it

   – No hidden encumbrances or liens

   – Seller will defend the title against any claims

4. Typically used in most residential real estate sales

5. Must be signed, witnessed, and recorded with local authorities

This deed offers the most comprehensive protection for buyers, as the seller assumes responsibility for any title defects, even those predating their ownership. It gives buyers confidence in their purchase and recourse if issues arise. However, it also places significant obligations on the seller, who should ensure they can fulfill these promises before signing. While other types of deeds exist (like quitclaim or special warranty deeds), the warranty deed is often preferred for its robust buyer protections in property transfers.

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