Warranty Deed
A warranty deed is a type of deed that provides the highest level of protection for the buyer, with the grantor guaranteeing clear title and promising to defend against any claims to the property.
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Exam Tip
Warranty deed = MOST protection. Six covenants: Seisin, Right to Convey, Against Encumbrances (present); Quiet Enjoyment, Warranty, Further Assurances (future).
What is a Warranty Deed?
A warranty deed (also called a general warranty deed) offers the most comprehensive protection to property buyers. The seller (grantor) makes several promises (covenants) about the quality of title being transferred.
Six Covenants of Title
| Covenant | Guarantee |
|---|---|
| Seisin | Grantor owns the property |
| Right to Convey | Grantor has legal right to transfer |
| Against Encumbrances | No undisclosed liens or encumbrances |
| Quiet Enjoyment | Buyer won't be disturbed by title claims |
| Warranty | Grantor will defend against title claims |
| Further Assurances | Grantor will provide documents to perfect title |
Present vs. Future Covenants
| Present Covenants | Future Covenants |
|---|---|
| Seisin | Quiet Enjoyment |
| Right to Convey | Warranty |
| Against Encumbrances | Further Assurances |
| Broken at time of transfer | Broken when buyer disturbed |
Types of Warranty Deeds
| Type | Coverage |
|---|---|
| General Warranty Deed | All claims, entire chain of title |
| Special Warranty Deed | Only claims during grantor's ownership |
Deed Comparison
| Deed Type | Protection Level | Warranties |
|---|---|---|
| General Warranty | Highest | All six covenants |
| Special Warranty | Medium | Limited to grantor's time |
| Quitclaim | None | No warranties |
| Bargain and Sale | Minimal | Implied ownership only |
When Warranty Deeds Are Used
- Most residential real estate transactions
- Commercial sales where buyer wants protection
- Any sale where title insurance is also obtained
- Required by most lenders for mortgage transactions
Exam Alert
General warranty deed = MOST protection. Contains six covenants (three present, three future). Remember: "Seisin, Convey, Encumbrances" (present) and "Quiet, Warranty, Assurances" (future). Grantor is liable for ALL title defects, even before grantor owned property.
Study This Term In
Related Terms
Quitclaim Deed
A quitclaim deed is a legal document that transfers whatever ownership interest the grantor may have in a property without any warranties or guarantees about the quality of title, offering the least protection to the buyer.
Title
Title is the legal right to own, use, and dispose of real property, representing the bundle of rights that come with property ownership.
Encumbrance
An encumbrance is any claim, lien, or liability attached to real property that may diminish its value or affect the owner's ability to transfer clear title.
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