Florida General Warranty Deed

A general warranty deed transfers ownership with the seller's promises about the title. The seller promises to own the property, to have the right to sell it, that it is free of encumbrances other than those listed in the deed, and to defend the title against lawful claims. These promises cover the property's entire history. Florida's short statutory warranty deed form carries these promises by law.

A general warranty deed covers title problems from any period in the property's history. A special warranty deed covers only problems that arose while the seller owned the property. General warranty deeds are typical in Florida home sales. Special warranty deeds are common when a bank, builder, estate, or business sells property, because the seller has limited knowledge of earlier ownership.

A general warranty deed includes promises about the title and gives the buyer a claim against the seller if a covered problem appears. A quitclaim deed makes no promises and transfers only whatever interest the grantor has, if any. Buyers in an arm's length sale usually expect a general warranty deed. Quitclaim deeds are common between family members, in divorces, and to release a possible claim.

A general warranty deed is the usual deed in a Florida home sale between unrelated parties, and most residential purchase contracts call for one. Sellers who lived in the property and know its history commonly give one. It is less common for gifts or transfers into a trust, where the grantor may not want to take on warranty liability, and a quitclaim or lady bird deed is more typical.

The seller does. A seller who signs a general warranty deed takes on liability for covered title defects, including ones that arose before the seller owned the property. Because a seller's ability to pay a claim is uncertain, buyers usually buy an owner's title insurance policy as well. Who pays for that policy in Florida depends on the contract and the county's custom.

No law requires title insurance, but lenders require a lender's policy for a mortgage. An owner's policy is optional and protects the buyer against covered defects from the past, such as forgery, unpaid liens, or missing heirs. Florida title premiums are set by rule, so the base rate is the same with every insurer. Title insurers issue policies after a title search, whichever deed type is used.

A general warranty deed includes the covenant of seisin (the seller owns the property), the right to convey (the seller can sell it), against encumbrances (no liens or claims except those listed), quiet enjoyment (no one with better title will disturb the buyer), and warranty (the seller will defend the title against lawful claims). Under Florida's statutory form, these covenants are included even if not spelled out. The listed exceptions commonly include taxes for the current year and recorded easements and restrictions.

QuickDeeds prepares a Florida general warranty deed for $350 plus costs and expenses. The fee includes a 15 minute consultation with a Florida attorney, preparation, review, and electronic delivery. QuickDeeds prepares the deed within 1 to 2 days after the consultation. Online notary and eRecording cost extra. Traditional law firms typically charge $400 to $800 for general warranty deed preparation.

Yes. Florida law provides a statutory form of warranty deed, and general warranty deeds are the standard deed in most Florida home sales. Like any Florida deed, it must be signed before two witnesses and a notary and recorded to protect the buyer against later claims. Lenders rely on title insurance, not the deed type alone, before making a loan.

It can, but it is not the usual choice. A general warranty deed transfers ownership now and makes the grantor liable to the recipient for title defects. Transfers into a revocable trust are commonly made by quitclaim or warranty deed. To keep control and pass a home at death, Florida owners often use a lady bird deed, which is designed to pass the property without probate.

In a Florida sale, the seller usually pays to prepare the deed, and the buyer usually pays to record it. Doc stamp tax on the deed is customarily paid by the seller in most counties. Who pays for the owner's title policy varies by county. All of these items can be negotiated and should be spelled out in the purchase contract.

A general warranty deed transfers ownership with title promises. A corrective deed fixes a clerical mistake, such as a misspelled name or wrong legal description, in a deed that was already recorded. A corrective deed does not make a new transfer. If the original deed was a general warranty deed, the corrective deed often repeats the same warranty language.