Question 1

What is a statutory warranty deed in Florida?

Accepted Answer

A statutory warranty deed is a deed that conveys real property with full warranties of title as established by Florida statute. Under Section 689.02: the statutory form provides that the grantor warrants: covenant of seisin (the grantor owns the property), covenant of right to convey (the grantor has the legal right to sell), covenant against encumbrances (there are no undisclosed liens, easements, or encumbrances), covenant of quiet enjoyment (the buyer will not be disturbed in their possession by anyone with a superior title claim), and covenant of warranty (the grantor will defend the buyer’s title against all claims). These warranties run with the land.

Question 2

How does a statutory warranty deed differ from other deed types?

Accepted Answer

Comparison: statutory warranty deed (full warranties; the grantor guarantees clear title and will defend against all claims), special warranty deed (limited warranties; the grantor only warrants against claims arising during their ownership), quitclaim deed (no warranties; the grantor conveys whatever interest they have, if any, with no guarantees), and bargain and sale deed (conveys the property but does not warrant against encumbrances). In Florida: the statutory warranty deed provides the most protection to the buyer. It is the standard for most residential purchase transactions.

Question 3

What happens if a warranty in a statutory warranty deed is breached?

Accepted Answer

Breach: if a warranty is breached (e.g., a lien or encumbrance is discovered that the grantor did not disclose): the buyer can sue the grantor for: breach of warranty (the buyer can recover damages equal to the cost of clearing the title defect or the diminished value of the property), and the grantor may be required to: pay off the lien, defend the buyer’s title in court, or compensate the buyer for losses. The warranties: are personal covenants of the grantor (they bind the grantor and their estate). Title insurance: most buyers also obtain title insurance, which provides additional protection beyond the deed warranties.

Statutory Warranty Deed

Statutory Warranty Deeds in Florida

Covenants

vs. Other Deeds

Breach

Related Terms

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