Warranty Deed
A warranty deed provides the greatest title protection, with promises against prior claims. Learn differences between general and special warranty deeds.
Definition
A warranty deed is a legal instrument that transfers ownership of real property from a grantor to a grantee with comprehensive guarantees. In a general warranty deed, the grantor warrants that they hold clear title, have the right to convey, and will defend the title against all claims arising at any point in history. Special warranty deeds offer similar assurances but only cover the period during which the grantor owned the property. Warranty deeds provide the highest level of protection for buyers and are standard in many residential transactions.
Why It Matters
Not every deed carries the same promise. A statutory warranty deed in Washington brings covenants under RCW 64.04.030 obligating the grantor to defend title against every claim, including ones traceable to owners a century back. A quitclaim promises nothing whatsoever, and a special warranty covers only the years the grantor owned the property, which is why bank owned and estate sales use it.
Examples
A relocation company conveys by special warranty deed, so an easement recorded in 1974 falls outside the covenants and the buyer's title policy is the only recourse.
A homeowner adds a new spouse to title with a quitclaim deed, transferring whatever interest exists without warranting anything about the condition of that title.
A boundary claim rooted in a 1961 conveyance appears in the second year of ownership, and general warranty covenants put the obligation to defend on the original grantor.
Tips
Check what deed the purchase agreement obligates the seller to deliver before you sign, since a contract calling only for a bargain and sale deed gives you materially less than the standard form.
Do not accept a quitclaim deed from a stranger in an arm's length sale; that instrument belongs in family transfers and moves between an owner and their own trust.
Match the grantee names on the deed exactly to how you intend to hold title, middle initials and full trust names included, because a mismatch becomes a title cloud you pay to clear later.
Related Terms
Deed
A deed is the legal document that transfers real property ownership. Discover types of deeds and ess...
Grant Deed
A grant deed conveys property ownership with limited warranties. Learn how grant deeds differ from w...
Quitclaim Deed
A quitclaim deed transfers any interest without warranties. Learn when quitclaim deeds are used and ...
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