updated September 1, 2023 · 2min read
A general warranty deed is a deed used to legally transfer real property from one person to another. This type of deed offers the most protection for the buyer.
A general warranty deed transfers real property from the buyer to the seller with the guarantee that the seller holds clear, unencumbered legal title to the property. This means that the seller promises there are no liens or creditors' claims against the property and that, if there are, the seller will compensate the buyer for those claims.
A general warranty deed must include the following to be valid:
A general warranty deed is not a contract of sale—it does not include a price for the property or include any transfer of funds. Instead, it is the legal document that completes the sale by transferring the property from the grantor to the grantee.
A general warranty deed is unique because it guarantees that there are no outstanding claims against the property, and it includes a promise to compensate the grantee if any emerge. This is very different from other types of deeds:
To transfer property using a general warranty deed, it is important to first obtain the form that is used in the state where the property is located. Each state has its own forms with their own specific language. You may be able to obtain the form by searching your state's statutes or state website. You also can use an online services provider, if you want assistance in creating a general warranty deed.
Once you obtain the correct form, you must fill it in completely. Both the grantor and the grantee must sign it, usually in the presence of a notary. Then the deed must be filed in the county registrar's office to be legally enforceable. Once filed, the legal transfer of the property is complete.
A general warranty deed is the best option for buyers of real property, since it provides the most encompassing guarantee that the property is free of liens or claims. Largely for this reason, general warranty deeds are the most commonly used type of deed in real estate sales.
by Brette Sember, J.D.
Brette Sember, J.D., practiced law in New York, including divorce, mediation, family law, adoption, probate and estat...
'Inc.' in a company name means the business is incorporated, but what does that entail, exactly? Here's everything you need to know about incorporating your business.
August 14, 2023 · 10min read
Writing a will is one of the most important things you can do for yourself and for your loved ones, and it can be done in just minutes. Are you ready to get started?
May 11, 2023 · 4min read
Setting up a power of attorney to make your decisions when you can't is a smart thing to do because you never know when you'll need help from someone you trust.
September 7, 2023 · 14min read