What Is a Warranty Deed?

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Writing a Warranty Deed involves creating a legally binding document that transfers ownership of real property from the seller (grantor) to the buyer (grantee) while providing certain assurances or warranties regarding the title to the property. Here's a step-by-step guide to help you write a Warranty Deed:

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1. Identify the Parties:

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• Begin by clearly identifying the parties involved:
  • Grantor: The seller of the property.
  • Grantee: The buyer or recipient of the property.

2. Describe the Property:

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• Provide a detailed description of the property being transferred, including:
  • Legal Description: Use the legal description of the property as it appears in the existing deed or property records.
  • Street Address: If applicable, include the street address or other identifying information.

3. Insert the Warranties:

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• Include specific warranties or assurances regarding the title to the property. Common warranties in a Warranty Deed include:
  • Warranty of Title: The grantor warrants that they have legal ownership of the property and the right to transfer it to the grantee.
  • Covenant of Seisin: The grantor guarantees that they have the legal right to convey the property and that they possess the property they claim to own.
  • Covenant Against Encumbrances: The grantor assures that the property is free from any liens, mortgages, or other encumbrances, except those explicitly disclosed in the deed.
  • Covenant of Quiet Enjoyment: The grantor promises that the grantee will not be disturbed in their possession and use of the property by anyone claiming a superior title.
  • Covenant of Further Assurance: The grantor agrees to take any additional actions necessary to ensure that the grantee receives clear and marketable title to the property.

4. Sign and Execute the Deed:

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• The grantor must sign and date the Warranty Deed in the presence of a notary public. This helps ensure the validity and enforceability of the deed.

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5. Record the Deed:

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• To be legally effective, the Warranty Deed should be recorded with the appropriate government office, such as the county recorder's office, where the property is located. Recording the deed provides public notice of the change in ownership and protects the interests of the grantee.

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6. Provide Copies to the Parties:

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• Once the Warranty Deed has been executed and recorded, provide copies to both the grantor and grantee for their records.

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7. Seek Legal Advice:

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• Writing a Warranty Deed involves legal implications, and it's essential to ensure that the document complies with local laws and regulations. Consider consulting with a real estate attorney or legal professional to draft or review the Warranty Deed to ensure it meets all legal requirements and adequately protects the interests of both parties.

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Sample Warranty Deed Template:

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[Heading: Warranty Deed]

[Insert Legal Description of Property]

This Warranty Deed is made on [Date], between [Grantor's Name], hereinafter referred to as "Grantor," and [Grantee's Name], hereinafter referred to as "Grantee."

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WARRANTY

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Grantor hereby warrants and represents that:

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• Grantor is the lawful owner of the property described above and has the right to convey the same to Grantee.
• The property is free from all encumbrances, except for [list any known encumbrances, if applicable].
• Grantor has the right to sell the property and will defend Grantee's title against all lawful claims.

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IN WITNESS WHEREOF, the parties have executed this Warranty Deed on the date first above written.

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[Grantor's Signature] [Date]

State of [State]County of [County]

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On this [Date], before me, a Notary Public in and for said County and State, personally appeared [Grantor's Name], known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged that they executed the same for the purposes therein contained.

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[Notary Public Signature] [Date]

[Seal]

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Notes:

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• Ensure the Warranty Deed complies with local laws and regulations.
• Consider consulting with a real estate attorney to draft or review the Warranty Deed to ensure legal compliance and accuracy.
• Use the specific legal language and formatting conventions required in your jurisdiction.

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This template provides a basic framework for drafting a Warranty Deed. Customize it according to your specific transaction and legal requirements.

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Here are some frequently asked questions (FAQs) about Warranty Deeds:

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1. What is a Warranty Deed?

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• A Warranty Deed is a legal document used in real estate transactions to transfer ownership of a property from one party to another. It includes warranties or assurances regarding the title to the property.

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2. What assurances does a Warranty Deed provide?

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• A Warranty Deed typically includes assurances or warranties by the seller (grantor) that they have legal ownership of the property, that the property is free from encumbrances (such as liens or mortgages), and that they will defend the buyer (grantee) against any claims to the title.

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3. How does a Warranty Deed differ from other types of deeds?

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• Unlike Quitclaim Deeds, which offer no assurances regarding the title, a Warranty Deed provides specific warranties about the quality and validity of the title being transferred. Warranty Deeds offer greater protection for buyers.

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4. Who uses Warranty Deeds?

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• Warranty Deeds are commonly used in real estate transactions, particularly when buyers want assurances about the quality and validity of the title to the property they are purchasing. They are often preferred over Quitclaim Deeds for this reason.

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5. What information should be included in a Warranty Deed?

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• A Warranty Deed should include:
  • Identification of the parties (grantor and grantee).
  • Description of the property being transferred.
  • Specific warranties and covenants regarding the title.
  • Signatures of the grantor and acknowledgment by a notary public.

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6. How is a Warranty Deed executed?

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• A Warranty Deed must be signed and dated by the grantor in the presence of a notary public. The notary public then acknowledges the grantor's signature, verifying their identity and witnessing the signing of the deed.

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7. Is a Warranty Deed legally binding?

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• Yes, a properly executed Warranty Deed is legally binding and serves as evidence of the transfer of ownership of the property. It provides legal protections for both the buyer and the seller.

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8. Why is recording a Warranty Deed important?

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• Recording a Warranty Deed with the appropriate government office, such as the county recorder's office, provides public notice of the change in ownership and helps protect the interests of the grantee. It also establishes the priority of the buyer's claim to the property.

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9. What happens if there is a defect in the title after a Warranty Deed is issued?

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• If a defect in the title is discovered after a Warranty Deed is issued, the buyer may have legal recourse against the seller for breach of the warranties provided in the deed. The seller may be required to compensate the buyer for any damages incurred as a result of the defect.

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10. Do I need a lawyer to prepare a Warranty Deed?

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• While it's possible to prepare a Warranty Deed without a lawyer, it's advisable to seek legal advice to ensure that the deed meets all legal requirements and adequately protects the interests of both parties involved in the transaction.

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