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.
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.