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Examples Of Deed Warranties

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Deed warranties are a major part of any real estate transaction. If you aren’t sure of the definition of each type of deed warranty or if you aren’t sure of the implications associated with your real estate transaction, get a general idea before proceeding.

With the General Warranty Deed, the buyer receives four warranties from the seller in regard to the property being purchased, including: 1) The seller has the right to convey the real estate.
2) The seller will defend the title to the property against all claims.
3) The seller is “seized of the fee” in the real estate meaning that the seller warrants (guarantees) that they own all rights in the property.
4) There are no encumbrances against the real estate that are not listed in the …show more content…

2) The seller will defend the title only against claims by persons concerning something that happened during his ownership. Lastly…the Non-Warranty Deed that offers no warranties. It is often called a “Quitclaim Deed.” In this instance, the buyer receives little to no guarantee of anything except the seller giving him whatever rights, if any the seller has to the property. The General Warranty Deed can give the buyer confidence that all the issues will be resolved. For instance, if it is discovered that back taxes were not paid on a piece of property that you purchased you have no guarantee that you will not be liable unless you have a General Warranty Deed. When purchasing a piece of property it is common sense to enlist the help of your attorney. He can go over the contract and determine what if any problems could come up. Even a General Warranty Deed can have issues if the words “subject to. . . “ are included in the wording of the contract and can negate the general warranties. Your attorney can provide a title examination to make sure that the property is encumbrance free and that there are no other issues in connection with the property and its surroundings. Title insurance offers you additional protection just in case a problem does comes up in the future and can provide you with compensation to correct the

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