Warranty Deed
Definition and meaning of Warranty Deed in real estate.
A warranty deed is a document transferring real property in which the seller guarantees they hold clear title and promises to defend the buyer against any claim to that title, including claims arising before the seller owned the property.
In more detail
A warranty deed carries the strongest title guarantees of any deed and is the instrument most commonly used in residential sales. A general warranty deed covers the property's entire history, so the seller stands behind title problems created by every previous owner. A special warranty deed narrows that promise to the period the seller owned the property.
Both differ sharply from a quitclaim deed, which transfers whatever interest the seller happens to have and guarantees nothing at all. The guarantees are written into the deed as covenants, and title insurance is typically purchased alongside them because a promise is only as collectible as the person who made it.
Key facts
| Category | Legal, Titles & Closing |
|---|---|
| Types | General warranty deed (covers the full history of the property) or special warranty deed (covers only the seller's period of ownership) |
| Compared with | A quitclaim deed, which transfers any interest the seller holds but makes no guarantee of title |
| Usual covenants | Seisin, right to convey, against encumbrances, quiet enjoyment, and warranty of title |
A couple buys a house and receives a general warranty deed at closing. Two years later a distant relative of an owner from the 1970s claims an interest in the land. Because the deed is a general warranty deed, the seller's covenants cover that older claim.
Frequently asked questions
What is the difference between a warranty deed and a quitclaim deed?
A warranty deed guarantees the seller holds clear title and will defend it against claims. A quitclaim deed transfers only whatever interest the seller may have, with no guarantee that any interest exists. Quitclaim deeds are common between family members or to correct a name on a title.
Does a warranty deed replace title insurance?
No. They address the same risk differently. A warranty deed is a promise from the seller, enforceable only if that person can still be found and can pay. Title insurance is a policy from an insurer that pays covered claims regardless. The two are commonly used together.
What is the difference between a general and a special warranty deed?
A general warranty deed covers title defects arising at any point in the property's history, including before the seller owned it. A special warranty deed covers only defects that arose while the seller held the property.
Related terms
Sources & references
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