What is a General Warranty Deed Form?

A Special Warranty Deed Form is a legal document used in real estate transactions to transfer property ownership. Unlike a General Warranty Deed, which guarantees the property’s title against any defects, a Special Warranty Deed only warrants against defects that occurred during the seller’s ownership. It provides a limited but specific assurance of the property’s title, offering protection to the buyer for the duration of the seller’s ownership period.

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5 Tips For Writing a General Warranty Deed Form

Legal Description of the Property: Commence with a precise legal description of the property, encompassing details such as lot and block numbers, and any other pertinent specifics.

Identification of Parties: Clearly delineate the parties involved – the grantor (seller) and grantee (buyer), providing their legal names, addresses, and any necessary identification details.

Deed Information: Specify the date of the deed and the county and state where the property is situated.

Grantor’s Ownership Confirmation: Unequivocally state that the grantor is the legal owner of the property and possesses the authority to transfer ownership. Include language expressing the grantor’s intention to convey the property.

Free and Clear Confirmation: Confirm that the property is devoid of any liens, encumbrances, or claims, underlining this key aspect of a general warranty deed.

Incorporation of Warranty Language: Explicitly state the warranties provided by the grantor, encompassing:

• Covenant of Seisin: Assurance that the grantor owns the property.
• Covenant of the Right to Convey: Assurance that the grantor has the legal right to sell the property.
• Covenant Against Encumbrances: Assurance that the property is free from any liens or encumbrances.
• Covenant for Quiet Enjoyment: Assurance that the grantee will not be disturbed in their possession of the property.
• Covenant of Warranty Forever: Assurance that the grantor will defend the grantee’s title against any claims.

Notarization and Witnessing: Ensure proper notarization for an added layer of authenticity. Some jurisdictions may require witnesses; including them, even if not mandated, can offer additional support if the deed is contested.

Compliance with Local Laws: Thoroughly research and adhere to the laws governing real estate transactions in the property’s jurisdiction. Consult with a legal professional to ensure the general warranty deed complies with all applicable regulations.

Here’s a list of steps on how to write a General Warranty Deed Form

1. Identify the Parties:
   Clearly state the full legal names and addresses of both the Grantor (seller) and Grantee (buyer).
   Include additional required information, like marital status, as per jurisdictional norms.
2. Property Description:
   Provide a detailed description of the property, covering legal aspects, address, and any necessary identifiers for a clear transaction.
   Eliminate ambiguity about the property’s location and boundaries.
3. Recitals and Granting Clause:
   Include recitals that explain the context of the property transfer, such as the reason for the sale.
   Follow with a concise granting clause where the Grantor explicitly conveys the property to the Grantee, using terms like “conveys,” “bargains,” and “warrants.”
4. Covenants and Warranties:
   Detail the promises made by the Grantor to the Grantee regarding the property.
   Specify covenants, including:
   Covenant of Seisin: Assurance that the Grantor owns the property and has the right to convey it.
   Covenant of Quiet Enjoyment: Guarantee that the Grantee will not face disturbances in possession or ownership.
   Covenant Against Encumbrances: Assurance that the property is free from liens or encumbrances, except as explicitly stated.
5. Execution and Notary Acknowledgment:
   Ensure the document is signed and dated by the Grantor in the presence of a notary public.
   Emphasize the importance of notary acknowledgment for deed validity.
   Specify adherence to notary requirements unique to the jurisdiction.