warranty deed

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Warranty Deed

In real estate, a deed providing a number of guarantees from a seller to a buyer. A warranty deed contains the promise that the seller's title is legitimate and no non-disclosed encumbrances exist. It may be passed to the buyer (and the buyer may in turn pass it to someone else). Generally, it also contains the promises that the seller will resolve any remaining problems and he/she will come to the buyer's aid if a competing claim is made. See also: Title search, Clear title, Quitclaim deed.

warranty deed

A deed containing promises by the seller regarding the quantity and quality of title being transferred to the buyer and some of the responsibilities of the seller if the warranties are breached. A special warranty deed gives assurances that the seller has not done anything to diminish the title but makes no promises about things that happened before the seller took title or things that are outside the seller's control. A general warranty deed gives the most protection to a buyer,and includes both present and future covenants as follows:

• Present covenants:
• Seisin, meaning the seller (grantor) has legal title
• Right to convey, meaning there are no restrictions on the right to convey
• Against encumbrances, meaning there are no other claims such as liens, easements, or other similar matters

• Future covenants:
• Covenant of warranty, being a promise to indemnify the grantee for any damage suffered as a result of the title being defective. Some courts require an actual dispossession of the grantee before the covenant comes into play, and others do not. Some allow the attorneys' fees paid by the grantee as an element of damage, and others do not.
• Quiet enjoyment, that grantee will be able to enjoy the estate without adverse claims from other parties.
• Further assurances, that grantor will take any steps necessary in the future to defend the title or perfect grantee's title if there is a technical defect and a corrective deed required, for example.

References in periodicals archive ?
recorded on standard warranty deed forms or using standard warranty deed
containing some basic warranty deed language, quitclaim deeds printed on
20) However, the law currently holds an unsuspecting buyer potentially liable even if a general warranty deed was obtained and exhaustive investigative measures were taken.
A general warranty deed is typically for the benefit of both parties to the transaction.
The properties described herein were conveyed to Petitioner, Esterosto, LLC, via Limited Warranty Deeds issued pursuant to lax sales conducted by the Commissioner of State Lands, State of Arkansas under the provisions of Act 626 of 1983, as amended, after the property remained unredeemed following expiration of the time required by law.
The properties described herein were conveyed to Haybar Properties, LLC via Limited Warranty Deeds issued pursuant to tax sales conducted by the Commissioner of State Lands, State of Arkansas under the provisions of Act 626 of 1983, as amended, after the property remained unredeemed following expiration of the time required by law.
The properties described herein were conveyed to Petitioner, Esterosto, LLC, via Limited Warranty Deeds issued pursuant to tax sales conducted by the Commissioner of State Lands, State of Arkansas under the provisions of Act 626 of 1983, as amended, after the property remained unredeemed following expiration of the time required by law.
The property described herein was conveyed to Esterosto, LLC via a Limited Warranty Deed issued pursuant to tax sales conducted by the Commissioner of State Lands, State el Arkansas under the provisions of Act 626 of 1983, as amended, after the property remained unredeemed following expiration of the time required by law.
via Limited Warranty Deeds issued pursuant to tax sales conducted by the Commissioner of State Lands, State of Arkansas under the provisions of Act 626 of 1983 as amended after the property remained unredeemed following expiration of the time required by law Haybar Inc.
via Limited Warranty Deeds issued pursuant to tax sales conducted by the Commissioner of State Lands, State of Arkansas under Die provisions of Act 620 of 1983, as amended, alter the property remained unredeemed following expiration of the time required by law Haybar, Inc.
Lot 26, Block 40, Centennial Addition to the City of Little Rock, Pulaski County, Arkansas The properties described herein were conveyed to Esteroste, LLC by Limited Warranty Deeds issued pursuant to tax sales conducted by the Commissioner of State Lands, State of Arkansas under the provisions of Act 626 of 1983, as amended, after the property remained unredeemed following expiration of the time required by law
The properties described herein were conveyed to Haybar, Inc via Limited Warranty Deeds issued pursuant to tax sales conducted by the Commissioner of State Lands, State of Arkansas under the provisions of Act 626 of 1983, as amended, after the property remained unredeemed following expiration of the time required by law.