A Warranty Deed transfers the real property interests of one party to another and includes a marketable title and implied warranty.
Warranty Deeds offer a very strong coverage for grantees. It should not be used as a substitute for purchasing title insurance, however. (Only title insurance can guarantee the prevention of loss due to undisclosed liens.) The overwhelming majority of real estate purchases in California for example, do not utilize warranty deeds as buyers typically purchase title insurance.
A warranty deed includes guaranteed provisions:
Right to Convey: A seller’s property’s title is under his or her name, proving that the title can be being transferred to the buyer.
Encumbrances: A seller’s property does not have any encumbrances other than standard liens, such as mortgages and/or tax liens. All liens on the property must be expressed to the grantee.
Covenant of Warranty: A seller has free and clear possession of a title.
Quiet enjoyment: Ensures a grantee the right to quiet enjoyment, including protections against future title claims against the property.
Warranty Deed vs Special Warranty
The differences between a warranty deed and a special warranty is for starters, a special warranty only has two warranties. One of them being the grantor warrantying that a property was not restricted by any means throughout the cycle when the grantor had possession of the property. The other being the grantor warrants and assures they have both in fact been presented with a title.
Furthermore, a special warranty does not shield vs any claims arranged before the grantor was presented with a title. In addition, a special warranty tends to be more revolved around commercial real estate vs residential properties.
Risks & Liabilities
Although a general warranty deed has its benefits, a grantor must abide by a set of rules and regulations, and always remain cautious as well as truthful in all dealings when it comes down to conveying and assuring such a warranty. The grantor will be held liable, if there is any form of violations and breaches in respect to the warranties. Even if the grantor had no ownership or possession of the property being discussed, with or without any knowledge or intentions committing any foul play, the liabilities and consequences will remain the same, as no exemption is granted nor will be tolerated for this matter.
How to prevent violations of warranties?
In order to prevent such a scenario from occurring in the future, the use of title insurance is exercised during a vast majority of these type of transactional agreements as a way of securing against the possibility of any claims, accusations, or any other from of liens being placed. A company which specializes in title insurances, will be able to better assist and determine as well as detect any breach prior to the property being conveyed in case one may have any uncertainties going forward with this process.