Warranty Deed Forms & Complete Guide

The Gold Standard for Property Transfer with Full Protection

A warranty deed provides complete title protection and guarantees clear ownership making it the standard choice for real estate purchases, property sales, and any transaction requiring maximum buyer protection. The seller guarantees the title is free from all claims and will defend against any future challenges. While more complex than quitclaim deeds, warranty deeds offer peace of mind worth the extra time and cost, typically taking 30-45 days and costing $1,000-3,000+ including title insurance.

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Sample Warranty Deed Form

Sample Warranty Deed Form

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What is a Warranty Deed?

A warranty deed (also called a "general warranty deed") is a legal document that transfers property ownership with full warranties and guarantees about the title. The grantor guarantees they own the property free and clear and will defend the title against any claims.

Key Point

Unlike quitclaim deeds, a warranty deed offers complete protection to the buyer. The grantor guarantees clear title and promises to defend against any claims, even those arising before they owned the property.

How Warranty Deeds Work

When you receive a warranty deed, the seller is making six key promises (covenants): they own the property, have the right to sell it, the property is free from liens (except those disclosed), no one else has ownership claims, they'll defend your title, and they guarantee quiet enjoyment of the property.

This makes warranty deeds:

  • Maximum protection - Full warranties and title guarantees
  • Title insurance included - Usually requires title search and insurance
  • More expensive - Higher costs but worth it for purchases
  • Standard for sales - Required by most mortgage lenders

The Warranty Deed Process

1

Title Search

Verify clear ownership

2

Prepare Deed

Draft with warranties

3

Review

Legal and lender approval

4

Sign

At closing with notary

✓

Record

File with county

When to Use a Warranty Deed

Good Uses

  • Home purchases - Buying residential property
  • Commercial real estate - Business property transactions
  • Investment properties - Rental or flip properties
  • New construction - Buying from builders
  • Arms-length sales - Any sale between strangers
  • Financed purchases - Required by mortgage lenders
  • High-value properties - Maximum protection needed
  • Estate sales - Buying from estates or trusts

Never Use For

  • Family gifts - Unnecessary complexity and cost
  • Divorce transfers - Quitclaim is simpler
  • Adding/removing names - Too complex for simple changes
  • Trust transfers - Quitclaim works for own trust
  • Clouded title - Can't warrant unclear title
  • Tax liens present - Must clear liens first
  • Boundary disputes - Resolve disputes first
  • Quick transfers - Takes too long for urgent needs

Step-by-Step Instructions

Step 1 Order Title Search

Professional title search to verify ownership and identify issues:

  • Title company examines public records
  • Reviews chain of ownership (usually 40-60 years)
  • Identifies any liens, encumbrances, or claims
  • Checks for easements and restrictions
  • Verifies legal description and boundaries

Time: 3-10 business days

Step 2 Obtain Title Insurance

Purchase title insurance policies to protect parties:

  • Owner's policy: Protects buyer's investment
  • Lender's policy: Required for mortgages
  • Coverage equals purchase price (owner's)
  • One-time premium paid at closing
  • Covers legal fees if title challenged

Time: 1-2 weeks

Step 3 Prepare the Warranty Deed

Attorney or title company drafts the deed with warranties:

  • Covenant of seisin: Grantor owns the property
  • Right to convey: Grantor can legally sell
  • Against encumbrances: No undisclosed liens
  • Quiet enjoyment: Buyer won't be disturbed
  • Warranty forever: Grantor will defend title
  • Further assurances: Grantor will fix any issues

Time: 2-5 business days

Step 4 Review and Approval

All parties review the deed and related documents:

  • Buyer reviews title commitment
  • Lender approves deed and title insurance
  • Attorneys review all documents
  • Resolve any title objections
  • Schedule closing date

Time: 3-7 business days

Step 5 Closing and Signing

Execute the deed at formal closing:

  • All parties meet (or use escrow)
  • Seller signs warranty deed
  • Buyer signs mortgage documents
  • Funds are exchanged
  • Notary witnesses and acknowledges

Time: 1-2 hours

Complete Recording and Final Steps

File deed and complete post-closing tasks:

  • Title company records deed immediately
  • Title insurance policies issued
  • Keys and possession transferred
  • Final title policy sent (30-60 days)
  • Store deed and policies safely

Warranty Deed Costs & Fees (2025)

Deed & Closing

$500-1,500

Attorney and closing fees

Title Insurance

$500-2,000+

0.5-1% of purchase price

Recording

$50-250

County recording fees

Additional Potential Costs

  • Title search: $200-400 (often included with insurance)
  • Survey (if required): $300-800 for residential
  • Transfer tax: 0.1-3% of sale price (varies by location)
  • Attorney review: $500-1,500 depending on complexity
  • Documentary stamps: Varies by state ($0.70-2.00 per $100)
  • Escrow fees: $300-700 (split between parties)

Tax Consideration

Total closing costs typically range from 2-5% of the purchase price. Buyers and sellers usually split certain costs per local custom.

Warranty Deed vs Other Deed Types

Warranty Deed

Protection: Full

Speed: 30-45 days

Cost: $1000-3000+

Best for: Home Purchase

Special Warranty

Protection: During ownership

Speed: 15-30 days

Cost: $1000-2000

Best for: Commercial

Grant Deed

Protection: Limited

Speed: 15-30 days

Cost: $500-1500

Best for: CA Real Estate

Quitclaim Deed

Protection: None

Speed: 1-3 days

Cost: $15-250

Best for: Family/Divorce

* Costs and timeframes are estimates and vary by location

Common Warranty Deed Scenarios & Examples

Scenario: The Johnsons are buying a $400,000 home with a mortgage.

Process:

  1. Offer accepted, earnest money deposited
  2. Title search ordered, reveals clear title
  3. Lender requires warranty deed and title insurance
  4. Seller provides warranty deed at closing
  5. Title insurance protects buyer and lender
Protection: If any title issues arise later (even from 50 years ago), the title insurance and warranty deed protect the Johnsons' investment.

Scenario: ABC Corp is selling a warehouse to XYZ LLC for $2 million.

Process:

  1. Extensive due diligence period (60-90 days)
  2. Environmental assessments completed
  3. Survey confirms boundaries and easements
  4. Warranty deed prepared with specific exceptions
  5. Large title insurance policy obtained
Note: Commercial transactions often use special warranty deeds, but general warranty deeds provide maximum protection for high-value properties.

Scenario: First-time buyers purchasing a newly built home from a developer.

Process:

  1. Builder provides warranty deed at closing
  2. Deed includes new home warranties
  3. Title insurance covers construction liens
  4. Builder guarantees clear title from land acquisition
  5. Separate home warranty for construction defects
Double Protection: Buyers get both title protection through the warranty deed and construction protection through builder warranties.

Scenario: Purchasing a home from a deceased person's estate through probate.

Process:

  1. Estate executor has court authority to sell
  2. Title search confirms probate completion
  3. Executor provides warranty deed (if authorized)
  4. Enhanced title insurance may be recommended
  5. Closing after court approval
Important: Some estates can only provide special warranty or executor's deeds. Verify the executor's authority to give full warranties.

Common Mistakes to Avoid

❌ Mistake #1: Skipping Title Insurance

Relying only on the warranty deed without title insurance.

Solution: Always get title insurance - the seller might not have assets to back the warranty.

❌ Mistake #2: Not Reading Exceptions

Ignoring listed exceptions in the deed and title policy.

Solution: Review all exceptions carefully - these are not covered by warranties.

❌ Mistake #3: Accepting Lesser Deeds

Accepting a quitclaim or special warranty deed for a purchase.

Solution: Insist on a general warranty deed for all arms-length purchases.

❌ Mistake #4: DIY for Complex Sales

Trying to handle warranty deed sales without professionals.

Solution: Use attorneys or title companies for warranty deed transactions.

❌ Mistake #5: Rushing the Process

Not allowing enough time for title search and review.

Solution: Plan 30-45 days for warranty deed transactions.

❌ Mistake #6: Unclear Legal Description

Using an incorrect or ambiguous property description.

Solution: Use the exact legal description from the title search.

Frequently Asked Questions

A warranty deed is a legal document that transfers property ownership with full guarantees about the title. The seller warrants that they own the property free and clear, have the right to sell it, and will defend the buyer against any title claims - even those arising before the seller owned the property.

Total costs typically range from $1,000 to $3,000+, including deed preparation ($500-1,500), title insurance (0.5-1% of purchase price), recording fees ($50-250), and related closing costs. Total closing costs are usually 2-5% of the purchase price.

Warranty deeds are essential for purchases because they protect buyers with full title guarantees. Quitclaim deeds offer no protection and should only be used between family members or in divorces. Never accept a quitclaim deed when buying property.

Six key warranties (covenants): (1) Seisin - seller owns the property, (2) Right to convey - seller can legally transfer, (3) Against encumbrances - no undisclosed liens, (4) Quiet enjoyment - buyer won't be disturbed, (5) Warranty - seller will defend title, (6) Further assurances - seller will fix any problems.

Yes. While warranty deeds provide promises from the seller, title insurance provides financial protection. The seller might not have assets to honor the warranty, but title insurance companies will pay valid claims and provide legal defense.

Typically 30-45 days from contract to closing. This includes title search (3-10 days), obtaining title insurance (1-2 weeks), document preparation (2-5 days), review period (3-7 days), and scheduling closing. Cash purchases may be faster.

Yes, but the warranties protect you. If someone claims ownership or discovers an old lien, the seller must defend your title and compensate you for losses. Title insurance provides additional protection and legal defense.

A special (limited) warranty deed only guarantees against problems during the seller's ownership period. General warranty deeds protect against all problems in the property's history. General warranty deeds offer superior protection for buyers.

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