What is a Warranty Deed?

A Warranty Deed is a common legal document used in residential real estate law in California. It is a document that transfers ownership of a property from one person to another and includes an individual’s or company’s promises to the buyer that the title to the property is all right and unencumbered. The deed also includes details such as the legal description of the property, the names of both the buyer and the seller, the date the deed was signed, and the date it was filed. A Warranty Deed will usually contain five different warranties from the seller to the buyer. These are: general warranty, covenant of seisin, covenant against encumbrances, covenant of quiet enjoyment, and covenant of warranty. The general warranty means that the seller has the legal title to the property and is free to transfer it to the buyer. The covenant of seisin states that the seller in fact owns the property and is legally able to transfer the ownership. The covenant against encumbrances means that there are no other claims on the property; such as a lien. The covenant of quiet enjoyment states that the buyer will have the peaceful use and enjoyment of the property. Lastly, the covenant of warranty means that the seller will defend the title of the property if there is a legal challenge. In summary, a Warranty Deed is a legal document used in residential real estate law in California that transfers ownership of a property from one person to another and includes promises from the seller that the title to the property is in order. It includes five warranties that guarantee the buyer certain rights and protection, such as the general warranty, covenant of seisin, covenant against encumbrances, covenant of quiet enjoyment, and covenant of warranty.

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What is a Warranty Deed?

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