How to Get a Warranty Deed

A deed is a written document, signed by the grantor, which conveys an interest in real estate to the grantee.  To be valid, a deed must contain a description of the property and must be delivered to and accepted by the grantee. 

What is a Warranty Deed?

A warranty deed is one of a number of deeds that may be used to transfer title from a grantor to a grantee.  There are two types of warranty deeds: 

• General; and
• Special. 

A general warranty deed contains guarantees and assurances from the grantor regarding the quality and marketability of the title.  These guarantees and assurances are known as covenants.  The covenants included in general warranty deed are: 

• Seisin;
• Quiet enjoyment;
• Right to convey;
• Freedom from encumbrances; and
• Defense of title as to all claims. 

A special warranty deed, also known as a limited warranty deed, is a deed containing only assurances regarding the state of title during the grantor’s period of ownership of the property.  A special warranty only protects a grantee against defects in title created or caused by the grantor.  

Which is Better?

From a purchaser’s perspective, a warranty deed is preferable because it requires a grantor to defend the grantee’s title against all claims.  From a seller’s perspective, a special warranty deed is preferable because it requires only that he defend the grantee’s title from defects arising during the seller’s period of ownership of the property.  Most sellers would truly prefer to convey title via quitclaim deed because quitclaim deeds contain no warranties, covenants, or other assurances. 

Can the Parties Negotiate Which Deed Will Be Used to Transfer Title?

The parties to a real estate contract are free to negotiate all terms, including how title will be transferred.  Most standard real estate contracts, which are typically used in the resale of residential real estate, contain a provision requiring that title be conveyed by warranty deed.  

However, there are instances where the seller will only agree to transfer the property by special warranty deed.  A special warranty deed is typically used by investors, banks, builders, developers, and other corporate entities because they want to limit their liability for defects in title which they did not cause or create. 

Getting Legal Help 

If you are involved in a real estate transaction and have questions about the terms of the contract or the type of deed which will be used to convey title, you should speak with an experienced real estate attorney.  It is always best to have a real estate attorney draft a deed rather than using do-it-yourself deed forms found in office supply stores and online.