General Warranty Deed
Definition:
A General Warranty Deed is a legal document used in real estate transactions that provides the highest level of protection to the buyer. It guarantees that the seller holds clear title to the property and has the right to convey it, free from any liens or encumbrances, except those specifically listed in the deed. The seller, known as the grantor, also promises to defend the buyer against any future claims to the title. This type of deed offers the most comprehensive assurance of ownership in property transfers.
General Warranty Deed Information
A General Warranty Deed covers both present and past ownership issues, ensuring that the property title is clear of defects throughout its entire history. The grantor makes several legal promises, known as covenants, including the covenant of seisin (ownership), covenant against encumbrances, and covenant of quiet enjoyment. If a defect in title is discovered later, the buyer can hold the seller legally responsible. Because of its extensive protection, this deed is commonly used in traditional real estate sales where buyers demand full assurance of ownership rights. It provides peace of mind for purchasers and clarity in the property’s legal chain of title.
Florida Legal Definition
Under Florida law, a General Warranty Deed is recognized under Chapter 689, Florida Statutes. It conveys full legal title to the grantee and includes the grantor’s warranties that the property is free from all encumbrances and that the grantor will defend the title against lawful claims. The standard language used in Florida deeds—such as “grant, bargain, and sell”—is interpreted as providing full warranties unless otherwise limited. The deed must be properly executed, witnessed, and recorded to be legally effective. Florida courts strictly enforce these covenants, ensuring that buyers receive clear and marketable title.
How It’s Used in Practice
In practice, General Warranty Deeds are the preferred instrument for transferring ownership in residential and commercial real estate transactions in Florida. Title companies and attorneys rely on them to ensure that the buyer receives full protection from title defects, including those arising from prior ownerships. Before issuing the deed, a title search and insurance policy are usually obtained to verify ownership history. Sellers who sign a General Warranty Deed accept long-term liability for any undisclosed title issues. This makes the deed ideal for standard property sales but less common in transactions involving foreclosures or inherited properties.
Key Takeaways
- A General Warranty Deed provides the strongest protection to buyers in real estate transfers.
- It guarantees that the seller has clear, marketable title and will defend against future claims.
- In Florida, these deeds are governed by Chapter 689, Florida Statutes.
- The deed includes covenants such as seisin, quiet enjoyment, and freedom from encumbrances.
- It is the most common deed used in traditional real estate sales for maximum buyer assurance.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron & Shea, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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