What is a statutory warranty deed and how does it affect a real estate dispute?

A statutory warranty deed is a type of deed commonly used in Texas to transfer ownership of real estate. When such a deed is used to convey land, it conveys a guarantee to the buyer that the seller, in accordance with Texas law, is the true and rightful owner of the property. In addition, the seller guarantees that: (1) there are no encumbrances on the property; (2) the buyer will have quiet and peaceful enjoyment of the property; and (3) the title will remain in good standing. If any of these guarantees are broken, the buyer may be able to file a suit against the seller to seek compensation for damages. Real estate litigation is the term used to describe the legal process of resolving disputes related to real estate. Statutory warranty deeds are often at the heart of such disputes. Buyers may use the deed to prove that the seller is liable for any encumbrances, defects, or other issues related to the property. If the seller is found to be at fault, the buyer may be entitled to damages for the breach of a statutory warranty. In Texas, if a dispute over an alleged breach of a statutory warranty deed ends up in court, the buyer must demonstrate that the deed, as written, was violated by the seller. Depending on the specifics of the claim, the buyer may be able to seek monetary compensation, or they may be able to compel the seller to remedy the issue. If the seller is found to be in violation, they may also be liable for attorney fees and other court costs.

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What is a statutory warranty deed and how does it affect a real estate dispute?

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