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Everything You Need To Know About General Warranty Deed Forms

What Is a General Warranty Deed?

A general warranty deed is a legal document that is used to transfer title of real estate from one individual to another. The grantor of the deed is the person transferring the title, and the grantee is the person receiving the title. The grantor is responsible for providing assurance that the property is free of any claims or encumbrances. The grantor makes certain promises in the deed, known as warranties, that protect the grantee from any claims that may arise related to the property.

What Are the Different Types of General Warranty Deeds?

There are three main types of general warranty deeds. The first type, the traditional general warranty deed, is the most common and contains the most comprehensive set of warranties. It provides the grantee with the most protection against any claims related to the property. The second type, the special warranty deed, is a limited form of the traditional deed and only provides the grantee with protection against any claims that arise during the grantor’s ownership of the property. The third type, the quitclaim deed, provides the grantee with no warranties whatsoever. It is used to transfer title to a property but provides the grantee with no assurance of the property’s condition.

What Are the Benefits of General Warranty Deeds?

The primary benefit of a general warranty deed is that it provides the grantee with assurance that the property is free of any claims or encumbrances. This assurance is especially important when purchasing a property, as it provides the grantee with the peace of mind that the title to the property is clear. Furthermore, the warranties in a general warranty deed provide the grantee with additional protection in the event that any claims arise related to the property.

What Should I Look for in a General Warranty Deed?

When reviewing a general warranty deed, you should look for several important clauses. The deed should include a clause that states that the grantor is the lawful owner of the property and that the property is free of any claims or encumbrances. It should also include a clause that states that the grantor has the right to transfer the title to the property. Finally, the deed should include a clause that states that the grantor will defend the title to the property against any claims that may arise related to the property.

Are There Any Risks Involved With General Warranty Deeds?

The primary risk involved with general warranty deeds is that the grantor may not be able to fulfill the warranties contained in the deed. If the grantor is unable to fulfill the warranties, the grantee may have to take legal action to recover damages or seek other remedies. Additionally, the grantee may take the grantor to court if the property is not as represented in the deed.

Examples of General Warranty Deeds

Below are three sample general warranty deed forms that you can use as examples when creating your own deed.

Sample General Warranty Deed Form 1

Sample General Warranty Deed Form 2

Sample General Warranty Deed Form 3

Conclusion

General warranty deeds are an important legal document when transferring title to real estate. The warranties contained in the deed provide the grantee with assurance that the property is free of any claims or encumbrances. It is important to review any general warranty deed carefully and be sure that the grantor is able to fulfill the warranties contained in the deed.