Updated September 20, 2023
A Delaware general warranty deed is used to convey or transfer real property from one person to another. A general warranty deed actually provides a form of guarantee from the seller (or grantor) to the buyer (or grantee) that the title to the property has no defects. This means that the seller is guaranteeing there is no one else who can make a claim to the property. However, it is still recommended that the person buying the property conduct a thorough title search to ascertain exactly what he or she is purchasing.
Laws – Title 25 (Deeds) – Del. C. Chapter 1
Signing Requirements – This document must either be signed by the grantor(s) in the presence of a Notary Public, or the deed may be proved in the Superior Court by one or more subscribing witnesses.[1]
Notices and Disclosures
- Affidavit of Residence (Form 5402) – This affidavit must be attached to the warranty deed for it to be accepted by the County Recorder.[2]
- Statutory Form – 25 Del. C. § 121
Recording the Deed
All deeds must be recorded in one of the three counties: Kent County, New Castle County, or Sussex County.