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General Warranty Deed Form

A general warranty deed, or "statutory warranty deed," is a document that transfers the ownership of real estate with a guarantee of title. When a conveyance of land takes place, the new owner is listed as the last known holder of the title, along with a list of all past owners, including their names, purchase price, mortgages (if any), and the sale dates.
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Updated September 13, 2024

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What is a Warranty Deed?

If you plan on buying a home for yourself or a commercial property for your business in the near future, then you will need to know about a warranty deed. It’s the most buyer-friendly legal document available when it comes to the transferring of real property. As the name states, this type of deed provides the buyer (or grantee) a “warranty” that the seller (or grantor) has the authority to give you interest and ownership of the property.

Warranty deeds offer insurance that you will own the property before making the final sale. They are the most common deed used in real estate transactions.

How to Use a Warranty Deed

Most real estate transfers involve two strangers who have never met. One (the grantor) is interested in selling the property, and the other (the grantee) is interested in buying it.

Warranty deeds are used to give the grantee protections against potential fraud and financial burdens that may come with the property—especially if the grantor does not have the authority to sell it! The deed stipulates the terms of the sale, in what county the sale takes place, the legal description of the property and its boundaries, the two parties involved in the transfer, and any covenants made to the new owner and past owners of the property. It is a document you will want to see and sign before closing the deal on your new property.

If you receive a warranty deed with someone, you, as the buyer, will have these guarantees:

  • The property has not already been sold to someone else
  • The seller (grantor) is the owner and can legally sell the property
  • If there are multiple owners of the property, then the exact claim or portion of the seller’s interest is stipulated clearly and given to the buyer after the transaction
  • Any claim by an unknown party for rights to ownership and title of the property will be dealt with and (in case of loss) reimbursed by the seller
  • Any debt or other outstanding or unspecified encumbrances are covered by the seller and not the buyer
  • The property matches the legal description and address of the property in the deed

All of these assurances need to be stipulated in writing. This will assure the buyer and let them know they are paying for what they agreed to buy. However, you, as the buyer, need to know about two versions of the warranty deed. Each of them slightly changes the stipulations on the warranties provided in the deed.

General Warranty Deed vs. Special Warranty Deed

In the world of warranty deeds, there are two types out there you should know the difference between—general warranty deeds and special warranty deeds. Both provide the same “warranties” that make them a necessity for buyers, but each sets slightly different standards as to the extent that these warranties cover.

The general warranty deed is the all-around insurance package that provides the consumer with the highest degree of protection in the face of fraud, issues with the property, or claims to interest/title to the real estate (as stated in the deed). With the general warranty deed, the grantor will hold full responsibility for any legal cases made against the property and any problems with it. This extends to the full history of the property, even any issues that arise from before the seller (grantor) owned the property. Any and all covenants fall on the seller’s shoulders.

On the other hand, special warranty deeds offer slightly fewer protections for the buyer than the general warranty deed. This document provides some level of protection for both the buyer and the seller. Special warranties do this by only holding the grantor responsible for any covenants and issues with the property that came from when they owned the property. It does not extend to the entire history of the property like general warranty deeds, leaving the grantee stuck with any legal claims, debts, or covenants that were established before the period of the last owner.

So if given a choice between which warranty you would want to receive, it’s your best bet to use a general warranty for the most buyer protection. Special warranty deeds are not all bad, though, and they offer at least the general insurance that you, as the buyer, want to have when buying any kind of real estate.

Other Types of Deeds

Quit Claim Deed — When the current owner on record can only transfer their interest in a property. It does not guarantee that the current owner owns the property and provides no other guarantees to any prior owner’s claims. This type of deed comes along with the highest risk to the Grantee (new owner).

Special Warranty Deed — This type only guarantees the rights to the title during the time span of the selling party. This type of deed does not guarantee the title for any prior owners of the land other than the seller.

Transfer on Death Deed (TODD) — This document transfers the ownership of a person’s real estate after that person dies. The person transferring ownership, or grantor, must specify a beneficiary before death. While this method of transferring property circumvents the probate process, making it simpler and quicker than using a will, it is only legally valid in some states.

Will vs. Transfer on Death Deeds

The effect of a transfer on death deed is similar to that of a last will and testament but saves costs. Property in a will must go through probate, which can be lengthy and expensive: In California, for example, an estate worth $600,000 would face representative and attorney fees of $30,000. Property passed through a TODD avoids probate, and the beneficiary takes ownership of the property, usually when the death certificate is recorded.

Where to Record

Once the form has been completed and executed under state law, it must be recorded at the Registry of Deeds (or other County/Town office). See the table below for each state’s location and the laws that govern the recording of deeds.

Where to Record
State Laws Where to Record
Alabama Ala. Code 1975 § 35-4-50 County Probate Judge
Alaska
AS § 40.17.020
 District Recorder’s Office
Arizona A.R.S. § 11-468 County Recorder’s Office
Arkansas A.C.A § 14-15-404 Circuit Court (See Map)
California Cal. Civ. Code §§ 1170, 1169 County Recorder’s Office
Colorado C.R.S.A. § 38-35-109 County Recorder’s Office
Connecticut C.G.S.A. § 7-24 County Recording Office (See Map of Counties)
Delaware 9 Del.C. § 9605 Kent, New Castle, or Sussex County
Florida F.S.A. § 695.01(2) County Recording Office (See County Websites)
Georgia Ga. Code Ann., § 44-2-1 Clerk of the Superior Court
Hawaii HAR § 13-16-4 Hawaii Bureau of Conveyances
Idaho I.C. § 55-808 County Recorder’s Office (See County Websites)
Illinois 765 ILCS 5/28 County Recorder’s Office
Indiana IC § 32-21-2-3 County Recorder’s Office (See County Websites)
Iowa I.C.A. § 558.13 County Recorder’s Office (See County Websites)
Kansas K.S.A. § 58-2221 County Recorder’s Office (See County Websites)
Kentucky
KRS § 382.110
 County Clerk’s Office
Louisiana C.C. Art. 3346 Clerk of Court’s Office
Maine 33 M.R.S.A. § 201-B County Registry of Deeds
Maryland MD Code, Real Property, § 3-104 Division of Land Records at the Circuit Court
Massachusetts M.G.L.A. 36 § 12 County Registry of Deeds
Michigan M.C.L.A. 565.201 County Registry of Deeds
Minnesota M.S.A. § 507.0944 County Recorder’s Office
Mississippi Miss. Code Ann. § 89-5-1 Clerk of the Chancery Clerk’s Office
Missouri V.A.M.S. 442.400 County Recorder of Deeds
Montana M.C.A. 70-21-201 County Clerk and Recorder’s Office
Nebraska Neb. Rev. St. § 76-238 County Recorder’s Office (See County Websites)
Nevada N.R.S. 111.315 See List of County Recorders
New Hampshire N.H. Rev. Stat. § 477:3-a County Registry of Deeds Office
New Jersey N.J.S.A. 46:5-5 County Clerk’s Office
New Mexico N. M. S. A. 1978, § 14-9-1 County Clerk’s Office
New York N.Y. Real Prop. Law § 291 County Court Clerk’s Office
North Carolina N.C.G.S.A. § 47H-2 County Registry of Deeds
North Dakota NDCC, 47-19-07 County Recorder’s Office
Ohio R.C. § 5301.25 County Recorder’s Office
Oklahoma 16 Okl. St. Ann. § 16 County Clerk’s Office
Oregon O.R.S. § 93.760 County Recorder’s Office (See County Websites)
Pennsylvania 21 P.S. § 351 County Recorder’s Office
Rhode Island Gen. Laws 1956, § 34-11-1 City/Town Office (varies by area) (See City/Town Websites)
South Carolina Code 1976 § 30-7-10 County Recorders of Deeds
South Dakota SDCL § 43-28-1 County Register of Deeds
Tennessee T. C. A. § 66-5-106 County Recorder’s Office
Texas V.T.C.A., Property Code § 11.001 County Register of Deeds (County Clerks Office)
Utah U.C.A. 1953 § 57-3-101 County Recorder’s Office (See County Websites)
Vermont 27 V.S.A. § 402 County Clerk’s Office
Virginia VA Code Ann. § 55.1-407 Clerk of the Circuit Court
Washington RCW 65.08.070 County Recorder’s Office (See County Websites)
West Virginia W. Va. Code, § 39-1-2 County Clerk’s Office
Wisconsin W.S.A. 706.05 County Register of Deeds
Wyoming W.S. 1977 § 34-1-118 County Clerk’s Office

Warranty Deed Laws