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What Is a General Warranty Deed?

A warranty deed is a legal document that transfers the title of real estate from the grantor, or seller, to the buyer, or grantee. A Florida warranty deed offers protection to the buyer with a guarantee from the seller that the title to the property legally belongs to them and that there are no outstanding liens, mortgages, or other encumbrances against it. The seller is also declaring that they have the legal right to confer ownership of the property to someone new.

Warranty deeds are typically used when the property is being transferred between two unrelated parties and when a sale is taking place. In particular, if the buyer is borrowing money from a mortgage lender, the lender will demand a Florida warranty deed with guarantees in place (as opposed to the simpler quitclaim deed, which is more commonly used for transfers of property among family members). Most lenders will also require title insurance that names them as the beneficiary.

A warranty deed guarantees the grantee, or buyer, that:

  • The grantor is the property’s lawful owner, and they have the legal right to sell it

  • The title would hold up against any third-party claims of ownership

  • The title is clear of any liens, mortgage, or other encumbrances.

  • Published: Apr 14, 2024
  • Updated: Dec 26, 2023

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This FAQ is for informational purposes only and does not constitute legal advice. We make no representations or warranties about this FAQ's completeness, accuracy, reliability, or suitability. Each legal situation is unique. Always consult an attorney for personalized guidance.

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