A warranty deed is a type of deed where the seller (grantor) guarantees that they hold clear title to a piece of real property and have the right to sell it. It provides the highest level of protection to the buyer (grantee) because the seller's warranty survives the closing.
Types of deeds
- General warranty deed — the seller guarantees the title is clear against all claims, past and present. This is the strongest protection.
- Special warranty deed — the seller guarantees the title is clear only for the period they owned it. Common in foreclosures and business transactions.
- Quitclaim deed — transfers whatever interest the seller has, with no guarantees. The weakest protection.
What a warranty deed covers
- Covenant of seisin — the seller owns the property and has the right to convey it.
- Covenant against encumbrances — no liens, mortgages, or easements exist except those disclosed.
- Covenant of quiet enjoyment — the buyer won't be disturbed by third-party claims.
- Covenant of further assurance — the seller will execute any additional documents needed to perfect the title.
A warranty deed doesn't protect against title defects the buyer already knows about (like easements or restrictions disclosed in the title report). It protects against unknown defects.
When to use a warranty deed
- Standard real estate purchases — the default in most residential transactions.
- Transfer between family members — provides clear title documentation.
- Transferring into a trust or LLC — ensures the entity receives clean title.
Make it legal
- The deed must be signed by the grantor (seller).
- Notarization is required in most states.
- Record the deed with the county recorder's office.
- The deed should include a legal description of the property (not just the address).
A state-specific warranty deed drafted to your transaction takes about ten minutes.