warranty deed

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What is a warranty deed?

Warranty deed is a deed that is signed by the person who is selling a piece of real estate to another person declaring that the piece of real estate that is being sold by him or her is in his or her name. This deed protects the buyer from any disputes that may arise in future due to the title defects that extend back to the origin of the property and the selling rights of the property.

Types of warranty deeds

There six forms of covenants or titles that are included in the warranty deed. These forms have been grouped into two:

  • Present covenants
  • Covenant of seisin
  • Covenant of right to convey
  • Covenant against encumbrances
  • Future covenants
  • Covenants of warranty
  • Covenant of quiet enjoyment
  • Covenant of further assurances

This deed is though signed to protect you from any disputes that may arise due to the title issues in future after you buy the real estate property but to be on the safer side you must make a thorough background check before buying a property. The diligence on the part of the buyer will save the buyer from any problems in the future.

The drawback of the warranty deed

The warranty deed is not without flaw. If the seller of the property dies or goes bankrupt then the buyer is not left with any option as the warranty becomes void. Therefore it is advisable that the buyer also buys a title insurance to safeguard himself against any defects of title.

Warranty Deed