A general warranty deed is the gold standard of property conveyances: the grantor guarantees clean title not just for their own period of ownership but for the property's entire history, and promises to defend the grantee against any lawful claim.
It is the deed buyers expect in an arm's length home sale. Paired with title insurance, it gives the buyer two layers of protection: the seller's personal covenants and the insurer's policy.
The six covenants a general warranty deed carries
- Seisin: the grantor actually owns the estate being conveyed
- Right to convey: the grantor has legal power to transfer it
- Against encumbrances: no undisclosed liens, easements, or restrictions
- Quiet enjoyment: the grantee will not be disturbed by superior claims
- Warranty: the grantor will defend the title against lawful claims
- Further assurances: the grantor will execute documents needed to perfect title
The first three are present covenants, breached (if at all) the moment the deed is delivered. The last three are future covenants that run with the land, which is why a general warranty deed protects even remote grantees years later.
Warranty deed vs special warranty vs quitclaim
| Deed type | Warranty scope | Typical use |
|---|---|---|
| General warranty | Entire history of the property | Residential sales between strangers |
| Special warranty | Only the grantor's period of ownership | Commercial deals, builders, banks selling REO |
| Quitclaim | None | Family, divorce, and trust transfers |
Warranties do not replace title insurance
The covenants are only as good as the grantor's ability to pay a claim years later. Title insurance backs the promise with an insurer, which is why lenders require it even with a full warranty deed.
Permitted exceptions: what the warranties do not cover
Almost every property carries recorded utility easements, subdivision covenants, and the current year's taxes. Listing these as permitted exceptions is standard and honest: the grantor warrants against everything except what both parties can see in the record. Pull the exceptions from the title commitment so the deed and the title policy match. A deed that lists no exceptions at all makes the grantor warrant against items neither party controls.
State law shapes the words that create the warranties
In many states, short statutory phrases carry the full set of covenants so the deed does not have to recite them. Florida provides a statutory warranty deed form and effect in Florida Statutes section 689.01 and following, where a deed with the right granting language conveys fee simple with warranties. In California, Civil Code section 1113 implies two covenants from the single word "grant": that the grantor has not previously conveyed the property and has not encumbered it. That is why California practice uses grant deeds rather than the general warranty deeds common east of the Rockies.
In Texas, the phrase "grant, sell, and convey" plus express warranty language creates a general warranty deed, and Texas Property Code chapter 13 makes recording the step that protects the buyer against later purchasers and creditors: an unrecorded deed is binding between the parties but void as to a later good-faith purchaser for value without notice. The lesson generalizes to every state: the deed language must track local convention, and recording promptly is not optional.
Magic words differ by state
"Warrant generally" (Virginia), "convey and warrant" (Illinois and much of the Midwest), and "grant, bargain, sell" (several western states) each trigger statutory covenants. Using another state's formula can accidentally narrow or eliminate the warranties. This template uses express covenant language accepted everywhere, but confirm your county's formatting rules before recording.
How to complete and record a warranty deed
- Order a title search or commitment so the covenants you are about to make match the actual record
- Copy the legal description exactly from the prior deed or the title commitment, never from the tax bill
- Identify all grantors, including spouses who may hold homestead or community property rights
- State the consideration as your state's recording rules require, along with any transfer tax declaration
- List the permitted exceptions from the title commitment
- Sign before a notary; add witnesses where state law requires them
- Complete any state or county transfer forms (declarations of value, preliminary change of ownership reports)
- Record the deed with the county recorder or clerk in the county where the land lies, and deliver it to the grantee
Spouses often must sign even if not on title
In community property states and in states with homestead protections, the grantor's spouse may need to join the deed for the conveyance of a primary residence to be effective. Missing a required spousal signature is one of the most common causes of title defects.
When a different deed is the better tool
A general warranty deed makes the grantor personally responsible for the property's whole title history, which is appropriate when a buyer is paying full market price. It is usually the wrong instrument for transfers where no one is buying anything. Moving property into a living trust, adding or removing a spouse, or resolving a divorce is normally done with a quitclaim deed. A seller who wants to warrant only their own period of ownership, common for builders, investors, and estates, uses a special warranty deed. Owners planning around probate may prefer a transfer on death deed that leaves ownership unchanged during life. And the deed is only the closing document: the terms of the sale itself belong in a real estate purchase agreement signed well before the deed is drawn.
Title insurance and the warranty deed: partners, not substitutes
The warranties in the deed are promises from a person; title insurance is a policy from a company. The difference matters the day a defect surfaces. Suing a grantor on the covenants means finding them, proving the breach, and hoping they are solvent, possibly decades after closing. A title policy pays the claim or defends the lawsuit directly, without chasing anyone. That is why nearly every financed purchase carries a lender's policy, and why buyers should add an owner's policy: the lender's policy protects only the loan balance, not the buyer's equity.
The two protections also fail differently. The covenants cover the grantor's whole chain of title but are capped, in most states, at the price the grantor received, with no coverage for the property's appreciation. A title policy covers the insured amount stated on its face but only against defects existing when the policy was issued, and subject to its printed exceptions. A careful closing uses both: a title search and policy to catch problems before money moves, and a general warranty deed so that anything the search missed still has a responsible party behind it.
Sellers should read the title commitment before signing a general warranty deed. Every exception listed in the commitment (an old easement, a mineral reservation, a homeowners association declaration) should be repeated as a permitted exception in the deed itself; otherwise the seller is warranting against encumbrances the buyer already agreed to accept, and handing them a breach claim at signing.
Common warranty deed mistakes
- Retyping the legal description with errors instead of copying it verbatim from the prior deed
- Using a warranty deed for a gift or family transfer, taking on full warranty exposure for no price
- Omitting permitted exceptions, so routine recorded easements technically breach the covenants
- Failing to get a required spousal or co-owner signature
- Skipping notarization or state-required witnesses, which makes the deed unrecordable
- Delaying recording, which leaves the buyer exposed to later liens against the seller
- Understating the price to cut transfer tax, which is unlawful and can void the tax declaration
Frequently asked questions
What happens if a title defect surfaces after closing?
The grantee can sue the grantor on the covenants for the loss, up to the consideration paid, and can claim on the title insurance policy. With a quitclaim deed, only the insurance route would exist.
Does a warranty deed require notarization?
Yes, in every state, and a few states also require witnesses. Recording with the county then protects the grantee's priority against later claims. An unrecorded deed is risky even if technically valid between the parties.
Who prepares the deed in a typical sale?
Usually the title company or closing attorney, from the title commitment. This template is suited to transactions the parties handle themselves; have a title search done first so the covenants match reality.
Should the deed state the real purchase price?
Most states require the actual consideration or a transfer tax declaration disclosing it. Understating the price to reduce transfer tax is unlawful. Some states allow a nominal recital with the true price on a separate declaration form.
Can a warranty deed convey property with a mortgage on it?
In a normal sale the mortgage is paid off at closing so the covenant against encumbrances is true when the deed is delivered. Conveying while a mortgage remains breaches that covenant unless the deed lists the mortgage as a permitted exception and the lender consents.
What is the difference between a warranty deed and a grant deed?
A grant deed, standard in California, carries two implied covenants: no prior conveyance and no undisclosed encumbrances made by the grantor. A general warranty deed adds broader covenants covering the property's entire history and a promise to defend the title.
Does a warranty deed prove the buyer owns the property free and clear?
No. It is the grantor's promise, not a guarantee of the record. If the promise turns out to be wrong, the buyer has a claim against the grantor, which is only worth what the grantor can pay. That is why buyers pair the deed with a title search and title insurance.
Can I use a warranty deed to transfer property to my LLC or trust?
You can, but most owners use a quitclaim or special warranty deed for transfers to their own entity or trust, since warranting the full title history to yourself adds liability without benefit. Check with your lender first: a transfer can trigger a due-on-sale clause.
How long do the warranties last?
The future covenants (quiet enjoyment, warranty, further assurances) run with the land and can be enforced years later, subject to each state's statute of limitations, which typically starts when the covenant is breached rather than when the deed was signed.
Is a warranty deed valid if it is never recorded?
Between grantor and grantee, generally yes once signed and delivered. Against the world, no: recording statutes protect later good-faith purchasers and lienholders, so an unrecorded deed can be defeated by a subsequent recorded interest. Record immediately after closing.