Warranty Deed

Warranty Deed FAQ

Warranty Deeds and Mortgages

Warranty Deed vs Quitclaim Deed

Warranty deed for real estate conveyance. A warranty deed is a deed to real property which guarantees that the seller owns clear title which can be transferred (conveyed).

In general, warranty deeds convey property with the following covenants or warranties:

Covenant of seisin (possession);
Covenant against encumbrances;
Covenant of quiet enjoyment; and
Covenant of further assurance.

For Living Trust transfers, use a specially configured warranty deed, not a quitclaim deed.

To transfer to family members, add / remove a name from a deed or to sell without warranties use a quitclaim deed.

It is prudent to perform a title search to determine if there are title problems that must be resolved before purchasing a property with a warranty deed. You should also consider title insurance, which may cover losses in the event issues are discovered after purchase.

Warranty Deeds