What is a warranty deed?
A general warranty deed transfers ownership and adds a set of promises: the grantor owns the property, has the right to sell it, there are no undisclosed encumbrances, and they will defend the title against any claim, including claims that arose a century before they bought it.
The six covenants
A general warranty deed carries six traditional covenants. The first three are present covenants, either true or false the moment the deed is delivered. The last three are future covenants that keep running.
| Covenant | What the grantor promises |
|---|---|
| Seisin | They actually own the estate they are conveying. |
| Right to convey | They have the legal authority to sell it. |
| Against encumbrances | There are no liens, easements, or restrictions except those disclosed. |
| Quiet enjoyment | Nobody with a better claim will disturb the buyer's possession. |
| Warranty | The grantor will defend the title against lawful claims, at their own expense. |
| Further assurances | The grantor will sign whatever additional paperwork is needed to perfect the title. |
What that protection is worth
The covenants are personal promises. If a defect surfaces in ten years, your remedy is to sue the grantor. If they have died, moved abroad, or have no assets, the covenant is worth what you can collect, which may be nothing.
A warranty deed is not title insurance
Title insurance pays a claim and funds the legal defence. A warranty deed gives you the right to sue a person. Buyers should have both; a warranty deed on its own is not a substitute for a title search and a policy.
Why sellers should think carefully
Signing a general warranty deed means warranting a chain of title you had nothing to do with. If a 1962 easement or a forged signature from three owners ago surfaces, you're on the hook. That is why estates, trustees, banks, and anyone who has owned a property briefly use a special warranty deed instead, which limits the promise to their own ownership period.
When a warranty deed is expected
- A private sale between individuals with no agent involved.
- Any purchase contract that specifies a warranty deed. Check yours, because it is a contractual obligation.
- A transfer where a title company or lender requires full covenants.
- Owner-financed sales, where the buyer is taking on real risk.
The regional wrinkle
Terminology is not uniform. California uses a grant deed, which carries two implied covenants and functions as a special warranty deed. Massachusetts uses a quitclaim deed as its standard sale instrument, and a Massachusetts quitclaim carries limited covenants, closer to a special warranty deed elsewhere. Read the deed, not the label.
$69, one time, with your state's statutory covenant language.
Common questions
A general warranty deed covers the entire history of the property. A special warranty deed covers only the period the grantor owned it, anything that happened before is the buyer's risk. Full comparison.
No. It means the grantor is promising it is clear and accepting liability if it is not. Those are different things. Only a title search tells you what is actually on record, and only title insurance pays when something is missed.
You can, but a quitclaim deed is the normal instrument. Warranting title to your own spouse creates a personal liability toward them with no corresponding benefit, and if a defect surfaces, you would be suing each other over your own house.
An attorney typically charges $300–$1,200 to prepare one. Deedly is $69. County recording fees and state transfer tax are additional, and in a sale the transfer tax is usually the larger number.
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Deedly is not a law firm
We provide self-help software and state-specific statutory forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.