Warranty Deed

What Is a Warranty Deed?

A warranty deed is the strongest form of deed used in real estate transactions. When a seller signs a warranty deed, they make a set of legally binding promises (called covenants) guaranteeing that they own the property free and clear, that no undisclosed encumbrances exist, and that they will defend the buyer's ownership against any future claims. If any of these promises turn out to be false, the buyer can sue the seller for breach of the deed covenants.

In Florida, warranty deeds are the standard instrument used in most residential purchase transactions. They provide the buyer with the highest level of protection from the seller.

Florida Legal Context

Florida does not have a statutory form for warranty deeds, but warranty deeds in Florida traditionally include six covenants of title:

1. Covenant of seisin — The grantor owns the property and has the right to convey it.
2. Covenant of right to convey — The grantor has the legal authority to transfer the property.
3. Covenant against encumbrances — The property is free from liens, easements, or restrictions except those stated in the deed.
4. Covenant of quiet enjoyment — The grantee will not be disturbed by someone with a superior title claim.
5. Covenant of warranty — The grantor will defend the grantee's title against all lawful claims.
6. Covenant of further assurances — The grantor will take any future steps needed to perfect the grantee's title.

Florida requires all deeds to be signed by the grantor, witnessed by two witnesses, and notarized. The deed must then be recorded with the clerk of the circuit court in the county where the property is located under the Florida Recording Act.

Warranty Deed vs. Quitclaim Deed

The key difference is the level of protection for the buyer:

• Warranty deed — The seller guarantees ownership and promises to defend the title. If a defect is later discovered, the buyer can sue the seller.
• Quitclaim deed — The seller transfers whatever interest they may have, with no guarantees. If the seller had no interest, the buyer gets nothing and has no legal recourse against the seller.

Warranty deeds are used in arm's-length sales. Quitclaim deeds are used for transfers between family members, divorces, or corrective purposes where the parties already know each other.

Related Terms

• Special Warranty Deed — Guarantees only against defects arising during the seller's ownership
• Quitclaim Deed — No warranties, transfers only whatever interest the grantor holds
• Chain of Title — The recorded history that warranty deed covenants protect
• Title Insurance — Additional protection beyond the deed covenants
• Clear Title — What the warranty deed covenants guarantee

How Barnes Walker Handles Deed Preparation

Barnes Walker prepares warranty deeds for residential and commercial closings throughout Southwest Florida. The firm's attorneys ensure that the deed accurately identifies the parties, legal description, and any exceptions, and that it meets Florida's execution and recording requirements. For questions about deeds or to schedule a closing, submit a title inquiry.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC