Define: General Warranty Deed

A General Warranty Deed is a legal document used in real estate transactions to transfer ownership of a property from one party to another. It provides the highest level of protection for the buyer, as the seller guarantees that they have clear title to the property and will defend against any claims made by third parties.

A General Warranty Deed includes several important provisions, such as a description of the property being transferred, the names of the buyer and seller, the purchase price, and any conditions or restrictions on the property. It also contains covenants or promises from the seller, ensuring that the title is free from any encumbrances or defects.

Unlike other types of deeds, such as a Quitclaim Deed or Special Warranty Deed, a General Warranty Deed provides the broadest protection for the buyer. It guarantees that the seller will defend against any claims arising from the entire history of the property, not just during their ownership.

Yes, a General Warranty Deed can be used for any type of property, including residential, commercial, or vacant land. It is commonly used in real estate transactions to ensure the buyer receives clear and marketable title.

A General Warranty Deed typically includes six covenants: the covenant of seisin (the seller owns the property and has the right to sell it), the covenant of right to convey (the seller has the authority to transfer the property), the covenant against encumbrances (the property is free from liens or other claims), the covenant of quiet enjoyment (the buyer will not be disturbed in their possession of the property), the covenant of warranty (the seller will defend against any claims), and the covenant of further assurances (the seller will take any necessary actions to perfect the buyer’s title).

Once a General Warranty Deed is properly executed and recorded, it becomes a legally binding document. It cannot be easily revoked or canceled unless both parties agree to do so or if there are specific legal grounds for invalidating the deed, such as fraud or duress.

While it is not legally required to use a General Warranty Deed in a real estate transaction, it is highly recommended. It provides the buyer with the greatest level of protection and ensures that the seller takes responsibility for any title issues that may arise.

Typically, the seller’s attorney or a title company prepares the General Warranty Deed. However, in some cases, the buyer’s attorney may also be involved in reviewing and approving the deed before it is executed.

In certain circumstances, a General Warranty Deed can be challenged in court if there are valid claims against the property’s title. However, the covenants in the deed provide the buyer with legal recourse, as the seller is obligated to defend against any such claims.

A General Warranty Deed remains valid indefinitely, as long as the property is owned by the buyer or subsequent owners. The covenants in the deed “run with the land,” meaning they are binding on all future owners and can be enforced at any time.