General Warranty Deed

General Warranty Deed

A General Warranty Deed is a type of legal document used in real estate transactions that provides the highest level of protection to the buyer. It guarantees that the seller holds clear title to the property and has the right to sell it, while also ensuring that the property is free from any liens or encumbrances, except those explicitly stated in the deed.

This deed contains a set of covenants that assure the buyer of the quality of the title. These include:

1. Covenant of Seisin: The seller confirms they own the property and have the legal right to convey it.
2. Covenant Against Encumbrances: The seller guarantees that the property is free of any liens or encumbrances, except those that have been disclosed to the buyer.
3. Covenant of Quiet Enjoyment: The buyer can enjoy the property without interference from others claiming a superior title.
4. Covenant of Further Assurances: The seller agrees to take necessary actions to correct any title issues that may arise in the future.

In practice, when a buyer receives a General Warranty Deed, they can be confident in the property’s title, as the seller is legally obligated to defend against any claims that may arise regarding the title. For example, if a previous owner had an undisclosed lien on the property, the seller would be responsible for resolving it.

The General Warranty Deed is commonly used in residential real estate transactions and is often preferred by buyers due to the extensive protections it offers compared to other types of deeds, such as a special warranty deed or a quitclaim deed, which provide less assurance regarding the title.