Warranty Deed

Also found in: Financial, Acronyms, Encyclopedia, Wikipedia.

Warranty Deed

An instrument that transfers real property from one person to another and in which the grantor promises that title is good and clear of any claims.

A deed is a written instrument that transfers the title of property from one person to another. Although many types of deeds exist, title is usually transferred by a warranty deed. A warranty deed provides the greatest protection to the purchaser because the grantor (seller) pledges or warrants that she legally owns the property and that there are no outstanding liens, mortgages, or other encumbrances against it. A warranty deed is also a guarantee of title, which means that the seller may be held liable for damages if the grantee (buyer) discovers the title is defective.

There are two types of warranty deeds: general and special. A general warranty deed not only conveys to the grantee all of the grantor's interest in and title to the property but also guarantees that if the title is defective or has a "cloud" on it, such as a mortgage claim, tax lien, title claim, judgment, or mechanic's lien, the grantee may hold the grantor liable.

A special warranty deed conveys the grantor's title to the grantee and promises to protect the grantee against title defects or claims asserted by the grantor and any persons whose right to assert a claim against the title arose during the period in which the grantor held title to the property. In a special warranty deed, the grantor guarantees to the grantee that the grantor has done nothing during the time he held title to the property that might in the future impair the grantee's title.

A warranty deed should contain an accurate description of the property being conveyed, be signed and witnessed according to the laws of the state where the property is located, and be delivered to the purchaser at closing. The deed should be recorded by the buyers of the property at the public records office, which is usually located in the county courthouse. Recording a deed gives "notice to the world" that a particular piece of property has been sold. Though the grantor guarantees good title in a warranty deed, the deed is no substitute for title insurance because a warranty from a grantor who later dies or goes bankrupt may have little value.


Cloud on Title; Property Law; Recording of Land Titles; Registration of Land Titles; Title Search.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

warranty deed

n. a deed to real property which guarantees that the seller owns clear title which can be transferred (conveyed). A "grant deed" generally is a warranty deed, while a "quit claim deed" is not. (See: warrant, grant deed)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
References in periodicals archive ?
Byers had been named beneficiary on a warranty deed for the Warrensburg man's farm house and 30 surrounding acres.
However, the transfer of the home was challenged two months later with the filing of a curious document dubbed an "affidavit of acknowledgment for the acceptance of the warranty deed."
The warranty deed for the 40 acres shows that the Skinners gave the land to the county for $1 under the condition that the land be used for a public square, and that a "courthouse be built in the center of said Square."
The Palm Beach Colony development in West Palm Beach has been sold for $11 million, according to a warranty deed filed in Palm Beach County Circuit Court yesterday.
The court found that the easement in this case, although executed at the same time, cannot be used to burden the city's warranty deed with a restrictive use not referenced therein.
The warranty deed indicated that La Marche bought the home for $5.1 million, a price that many in the real estate community couldn't quite believe.
The Boca Colony Apartments complex in Boca Raton has been sold to a Bay Harbor corporation for $21.6 million, according to a warranty deed filed today in Palm Beach County Circuit Court.The 180-unit, 167,059-square-foot property is located at 6061 Boca Colony Drive in unincorpoated Boca Raton.Boca Colony Apartments' holding company is based in Dallas, and is affiliated with Invesco Real Estate.The buyer was a company called Boca Colony Acquisition, which was incorporated on May 20, according to the Florida Division of Corporation.
The appellate court noted that Bondo had presented evidence of an arm's-length transaction including a limited warranty deed, a seller closing statement, and the first four pages from a purchase agreement.