A warranty deed, or general warranty deed, is a document in which the grantor or seller guarantees that he/she holds good title to a piece of real property and has a right to sell it to the grantee or buyer. The guarantee and warranty is not limited to the period for which the grantor owns the property; rather, it covers all prior periods of time.
A warranty specifically includes six common law covenants that are effectively divided into two sets of three covenants: 1) Present Covenants & 2) Future Covenants
1) Present Covenants
Present covenants are those promises that a grantor makes at the time of the conveyance.
Covenant of Seisin
This covenant warrants that that grantor is the owner of the real property described in the deed.
Covenant of Right to Convey
This covenant warrants that the grantor has the legal right to convert title to the real property.
Covenant Against Encumberances
This covenants warrants that there are no encumbrances on the property, e.g. liens.
2) Future Covenants
Future covenants are those promises that a grantor makes about his/her future actions on behalf of the grantee.
Covenant of Warranty
This covenant warrants that the grantor will defend the grantee against other claimants to the real property.
Covenant of Quiet Enjoyment
This covenant warrants that the grantee's possession of the real property will not be distributed by another holding superior title to the real property.
Covenant of Further Assurances
This covenants assures the grantee that the grantor will take reasonable action to perfect the grantee's title if the grantor neglected to do so.
This brief overview of some important considerations associated with warranty deeds is by no means comprehensive. Always seek the advice of a competent professional when making important financial and legal decisions.
Douglas K Cook is an Arizona real estate lawyer with over 40 years of experience as a practicing attorney. Although Douglas K Cook's office is located in Mesa, Arizona, he represents clients throughout the Phoenix, Arizona Metropolitan area including the following east valley cities: Scottsdale, Paradise Valley, Tempe, Chandler, & Gilbert.
