A warranty is a type of deed where the seller of a piece of property guarantees clear title.
- Conveying real estate that you can guarantee has good title
- Conveying property through an estate plan.
If you are buying or selling real estate, you will be dealing with deeds. The purchase, sale, or encumbrance of real estate must be accomplished by the transfer of a deed, and different deeds come with different rights and liabilities for the parties involved. If you are involved in a real estate transaction that offers guarantees regarding the chain of title, consider using this interactive form to create a warranty deed that meets all of your needs.
A warranty deed conveys property from one person to another with a guarantee that the chain of title has not been broken and the seller has full legal rights to move forward with the transactions. Unlike a special warranty deed, which only guarantees the land title against defects that arose during the seller’s term of ownership, a warranty deed guarantees against anything that could have invalidated the title. In general, a warranty deed includes a promise that the seller has a legal right to convey the title, and the land is free and clear of any encumbrances not previously disclosed. Additionally, a warranty deed creates a covenant of “quiet enjoyment,” meaning that the buyer has the right to use and enjoy the newly-purchased land without interference from others.
Despite all of the assurances that come with a warranty deed, it is always a good idea to consult with an attorney and hire a title insurance company before moving forward with a real estate purchase.