Delaware General Warranty Deed Form

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The Delaware general warranty deed is used to convey or transfer real property from one person to another in Delaware. 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 that there is no one else who can make a claim to the property. However, it is always recommended that the person buying the property conduct a thorough title search to ascertain exactly what he or she is purchasing.

Affidavit of Residence (Form 5402) – This affidavit must be attached to the warranty deed for it to be accepted by the County Recorder. (§ 9605)

Laws – § 121

Recording – All deeds must be recorded in 1 of the 3 counties: Kent County, New Castle County, or Sussex County.

affidavit of residence

Signing (§ 122) – This document must be authorized by the Grantor(s) in the presence of a Notary Public.

How to Write

Step 1 – In the first blank, fill in the name of the grantor or seller, and then add the address and marital status.

Step 2 – In the next section, put in the amount of consideration paid for the property using both numbers and letters.

Step 3 – Then, include the name of the purchaser or grantee and his or her address.

Step 4 – Indicate with a check mark how the grantee will be holding the property.

Step 5 – In the next section, include the street address of the property being purchased, the recording information and the legal description.

Step 6 – If there are any restrictions as to the transfer, such as utility easements or driveway rights of way, include these in the space provided.

Step 7 – On the second page, insert the deed recording information for the transfer that immediately preceded this transfer.

Step 8 – Sign and date in front of a notary public.

Step 9 – The purchaser will take the original and have it recorded in the county in which the property has been purchased. The seller can make a copy for his records.


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