A deed is usually prepared after a purchase and sale agreement has been signed and it is time for the closing where the property and money are traded. Its typically used when the seller doesnt want legal responsibility for claims against the title before or after the time when they owned the property. The texas statutory form for a conveyance of real property, provided in sec. And grantor hereby binds grantor, grantors heirs, executors, and administrators to warrant and forever defend all and singular the said premises unto the said grantee, his heirs, and assigns, against every person whomsoever, lawfully claiming or to claim the same, or any part. A special warranty deed is a guarantee that is basically lesser than the general warranty deed. The special warranty deed is not nearly as protective of the buyer as is the general warranty deed.
Its important for a seller to be aware of the potential liabilities created when real property is conveyed by general warranty. It makes an absolute guarantee that the current owner has good title to the property. General warranty deed texas edit, fill, sign online. This is the most commonly used deed and the one preferred by title companies. While the seller in a warranty deed must defend the title against all other claims and compensate the buyer for any unsettled debts or damages, the seller in a special. She will have to sign the deed and transfer the property to your wife. Download this free general warranty deed form on upcounsel.
This deed also uses the same phrases as mentioned above in the basic elements but uses grantor remises, conveys, alienates, and releases more. Lady bird deed is an enhanced life estate deed whereby the grantor retains certain rights during their lifetime e. A texas general warranty deed provides a way for a seller to. I assume this is because of the title search costs and the legal fees. Download free printable general warranty deed texas in pdf, word, excel. Warranty deed form should contain the date of execution of the deed and the effective date of the deed. They should contain property location and description as per the records of the state. Parties to real estate transactions can reduce their. A general warranty deed in texas contains both express and implied warranties. The general warranty deed, or statutory warranty deed, is a document that transfers the ownership of real estate with a guarantee in the title, that is vested in fee simple, to the ownership of the property along with all past owners.
A general warranty deed is a type of deed where the grantor seller guarantees that he or she holds clear title to a piece of real estate and has a right to sell it to you. A special warranty deed also known as a limited warranty deed is a legal document that guarantees against defects to a propertys title for the period when the grantor owned it. The texas general warranty deed is a form that transfers real estate ownership in the clearest possible manner promising the new owner that there are no title defects such as liens or encumbrances. Seller beware understanding the general warranty deed publication 2146 the takeaway the general warranty deed is the most commonly used deed in texas.
A deed is a written document signed by the grantor whereby title to realty is transferred to the grantee. To be valid, a deed must be delivered to and accepted by the grantee and must contain the legal description of the property. Ownership of a property is transferred from the seller to the buyer with certain guarantees against future problems or claims, which protect the buyer against fraud. The primary deed types include the quitclaim deed, the grand deed, and the warranty deed. A general warranty deed includes warranties or covenants that the seller conveys with the title. However, where the guarantees in a warranty deed cover the propertys entire history, the special warranty deed only covers the period of time for which the seller owned it. Deeds are provided for individuals, corporations, limited liability companies and husband and wife. Furthermore, a warranty deed, often includes additional warranties and covenants such as covenants against encumbrances, covenants of quite enjoyment an a. Aug 01, 2012 the special warranty deed is not nearly as protective of the buyer as is the general warranty deed.
Our sample warranty deed form will help you transfer a property quick and easy today. General warranty deed form free download on upcounsel. Maybe that is why the quit claim deed is so popular in california. However, there are specific words that make a deed a general warranty deed. A special warranty deed can be used in texas to convey title to real property. Texas general warranty deed individual to two individual as tenants in common. Whether you need a general warranty deed, special warranty deed, limited warranty deed, grant deed, or any other property deed transfer form, we have the finest forms available. Quitclaim deed form 56 documents last will and testament form 60 documents lien release form 36 documents living trust form 4 documents liability release form 52 documents release form 4 documents divorce papers 390 documents affidavit form 426 documents warranty deed form 42 documents do not resuscitate form 51 documents. The texas general warranty deed is a form that transfers real estate ownership in the clearest possible manner promising the new owner that there are no title. The guarantee is not limited to the time the grantor owned the propertyit extends back to the propertys origins. Drafting legal instruments which convey an interest in real property is the practice of law by statute ncgs 842. With a warranty deed, the person receiving title to the land called the grantee receives promises from the grantor the person giving away title that the land is free from liens or encumbrances and that the grantor has good title. The seller also promises that he will defend the grantee, or buyer, against all claims that may arise.
Both general warranty deeds and special warranty deeds can be used for real estate sales where a property, either residential or commercial, is transferred between parties unfamiliar with each other. Texas warranty deed form get a general warranty deed online. Where can i get a texas warranty deed pdf to copy free. Basically, the deed provides guarantees to the new owner that the grantor has a valid legal title to the property and that the title is free and clear of any liens or other defects unless explicitly listed in the deed. Texas quit claim deeds warranty deeds us legal forms. In witness whereof, the grantor has executed this deed on the date set forth above. The warranty deed template involves the following items. Texas general warranty deed form download printable pdf. Download, fill in and print general warranty deed form texas pdf online here for free.
State laws differ in how the general warranty deed is created. The seller or grantor conveys the property with certain covenants or warranties. Note that there might be certain instances in your state in which an additional deed other than the one or multiple listed is used. It transfers the property title of a real estate from its current owner to a new owner. General warranty deed form texas is often used in texas. This means that the current owner could be legally responsible for title issues that. General warranty deed vs special warranty deed general warranty deed. The texas warranty deed is a form of deed that provides an unlimited warranty of title. Grantor grantor witness if required witness if required. Edit, fill, sign, download general warranty deed texas online on. This is the party, corporation or individual who currently owns the property.
Thus, it provides the greatest conveyance and protection to the grantee. Sample general warranty deed form free real estate forms. The grantor of a special warranty deed conveys the property with two warranties. This general warranty deed is for use in conveying interests in real property. A warranty deed is a sort of form that highlights some basic elements. Free warranty deed form create a warranty deed in minutes. If those 6 kids have a warranty deed to that property, then they would be considered as the owner of the property though they havent paid the taxes. A general warranty deed is the goto deed to use for selling a property because it includes standard promises that buyers expect. They should include grantor name, address and grantee name, and address. Texas warranty deed form pdf fill online, printable, fillable. It makes an absolute guarantee that the current owner has good title to the. General warranty deed a deed is a written document signed by the grantor whereby title to realty is transferred to the grantee. As the property is free and clear, your wifes sister will be able to use a warranty deed to remove her name from the property deed. Free texas general warranty deed form pdf word eforms.
When a conveyance of land takes place the new owner is listed as the last known holder of the title. This type of deed guarantees that the property has good and clear title and that the grantor has the right to convey the property. Warranty deeds uslegalforms offers online warranty deed forms of the highest quality at low prices. Revised december 17, 2009 this sample form provided as a service to the grantorgrantee. The grantor warrants that they have received title. A special warranty deed in texas only warrants against defects, liens, and encumbrances arising by, through, or under the grantor.
You should understand the definitions of the basic elements involved in the warranty deed template to ensure a smooth process. A general warranty deed contains a warranty that looks like this. Download and create your own document with texas general warranty deed 69kb 2 pages for free. A texas general warranty deed is a deed promising that the grantor, or seller, has a good title on the property and the property is free and clear of all liens and encumbrances. The warranty deed conveys an interest in a piece of real estate and guarantees that the title conveyed is good and that its transfer is rightful. This is because the covenants in this form of deed are comparatively lesser. Free general warranty deed forms word pdf eforms free. The selling price should also be mentioned in the deed. Texas general warranty deed download a free warranty. The warranty deed is the most comprehensive, as it not only transfers the sellers ownership of the property, but also makes an explicit promise to the buyer that the. By using a warranty deed, the seller known as the grantor guarantees to the buyer known as the grantee that he or she can convey the property and has good, clear and valid title to it.
A real estate buyer is best protected by a general warranty deed. A common question is about the nature of a general warranty deed and what rights it conveys to the buyer. The warranty is not limited to the time that the current owner owned the property. Special warranty deeds in this state will contain both express and implied warranties. Along with a list of all past owners including their. Apr 11, 2016 is a warranty deed the same as a lady bird deed my mom and i share a house together for 11 years now, however her name is the only name on the house.