General vs Special Warranty Deed

A model house and keys on top of a warranty deed document

Last Updated: March 7, 2026

TL;DR

A Warranty Deed is a property transfer document that includes legally binding promises about the quality of the title being conveyed.
General Warranty Deeds offer the broadest protection to buyers by covering the entire ownership history, not just the current seller’s period.
Special Warranty Deeds limit the seller’s responsibility to problems that arose while that seller owned the property, increasing the buyer’s risk.
The right choice depends on whether you are the buyer or seller, your tolerance for title risk, and the level of due diligence done through title searches and insurance.
An online Warranty Deed template through Ziji Legal Forms helps you select the right deed type and avoid wording errors that weaken protections.

What Is a Warranty Deed

A Warranty Deed is a written instrument that transfers real property from a grantor to a grantee and includes promises about the status of the title. Those promises usually state that the seller owns the property, has the right to transfer it, and will defend the buyer against certain claims from others. These promises are often called covenants of title.

Unlike a Quitclaim Deed that only passes whatever interest the seller might have, a Warranty Deed is about allocation of risk. It tells the buyer whether they can look back to the seller for protection if an undisclosed lien, boundary dispute, or ownership claim appears later.

Why There Are Different Types of Warranty Deeds

Not every transaction has the same risk profile. A long owned family home with clear history is very different from a foreclosed property or an asset acquired in a complex commercial deal. Because of this, the law and practice have developed more than one type of Warranty Deed so that parties can tailor how much the seller is promising to cover.

The two core types are the General Warranty Deed and the Special Warranty Deed. Each uses similar mechanics to transfer ownership but draws a different line about which title problems remain the seller’s responsibility and which become the buyer’s burden.

General Warranty Deed Explained

Scope of Protection

A General Warranty Deed offers the strongest form of title protection for the buyer. The seller promises that the title is clear of defects and encumbrances except those disclosed, and that this promise covers the entire chain of title, not just the time the seller owned the property.

If an earlier owner granted a hidden easement or failed to pay a tax that later becomes a lien, the buyer can potentially seek protection from the seller under the General Warranty Deed. This broad protection is why it is often preferred in traditional residential transactions.

Seller Responsibility Across Ownership History

Because the seller’s covenants reach back through prior owners, the seller takes on broader liability. Even if the seller did nothing wrong, they may still be responsible to defend the buyer against claims arising from older defects. To manage this risk, sellers commonly rely on title searches and title insurance when giving a General Warranty Deed.

Typical Use Cases

General Warranty Deeds are common in standard home purchases where the buyer expects maximum assurance that they are receiving good title. They are frequently used when the seller has long term ownership, clear records, and confidence that prior issues have been resolved or insured against.

Special Warranty Deed Explained

Limited Protection and Time Bound Warranties

A Special Warranty Deed also transfers ownership but narrows the seller’s promises. Instead of covering the entire history, the seller only warrants that no title defects were created or allowed during that seller’s period of ownership. Problems that arose before that time are not covered by the seller’s covenants. From the buyer’s perspective, this means that protection is narrower. If a defect comes from a prior owner’s actions, the buyer may not be able to claim against the seller under the Special Warranty Deed.

How Seller Liability Differs

Because the seller only promises against defects they caused or allowed, their exposure is more limited. They are not adopting responsibility for the behaviour of all prior owners and can focus their risk management on their own period of ownership. This can make Special Warranty Deeds more palatable for institutional sellers who did not manage earlier title issues.

Common Use Cases

Special Warranty Deeds are often used in commercial property deals, bank owned property sales, and transfers by entities that acquired property through foreclosure or other distressed channels. In these scenarios, the seller is often unwilling to guarantee the distant past, and buyers rely more heavily on title insurance and due diligence.

Key Differences Between General and Special Warranty Deeds

Diagram titled “Factors Influencing Deed Choice” showing a central home and handshake icon, surrounded by four labeled factors: Common Transaction Types, Scope of Title Protection, Buyer Risk Exposure, and Seller Liability Period, each represented with simple icons and arrows pointing toward the center.

Scope of Title Protection

The biggest difference is the scope of protection. General Warranty Deeds cover the full history of the property, while Special Warranty Deeds cover only the seller’s ownership period. Buyers who want maximum protection often view this as a decisive factor.

Seller Liability Period

Under a General Warranty Deed, the seller’s covenants can be triggered by defects arising at any time in the chain of title. Under a Special Warranty Deed, the seller is only on the hook for defects tied to their own tenure. This affects how sellers evaluate their risk and whether they are willing to provide broad warranties.

Buyer Risk Exposure

General Warranty Deeds shift more risk away from the buyer to the seller, whereas Special Warranty Deeds leave more risk in the buyer’s hands. In both cases, buyers often obtain title insurance to cover certain losses, but the deed type still influences who must respond first if a defect surfaces.

Common Transaction Types

General Warranty Deeds are more common in mainstream residential sales. Special Warranty Deeds are more likely in institutional or commercial contexts and in transactions where the seller’s relationship with the property has been brief or indirect.

Which Warranty Deed Should You Choose

Buyer Perspective

From a buyer’s standpoint, a General Warranty Deed offers a stronger safety net because the seller stands behind the title across its full history. Buyers may push for this form when paying market value for a home, especially if they have limited tolerance for legal risk or unexpected claims.

If only a Special Warranty Deed is available, buyers should weigh this narrower protection against the strength of the title search, the coverage provided by title insurance, and the purchase price. In some cases, buyers accept a Special Warranty Deed but negotiate other protections.

Seller Perspective

Sellers look at their risk exposure. Providing a General Warranty Deed can make a property more attractive and may support stronger pricing, but it also takes on broader obligations. Sellers who did not own the property long or obtained it in a complex transaction may prefer a Special Warranty Deed that limits their covenants.

Ultimately, the choice reflects how confident the seller is about the title history and how much risk they are willing to carry after closing.

Risk Tolerance and Due Diligence

Regardless of deed type, thorough due diligence is critical. A careful title search, review of recorded documents, and appropriate title insurance can mitigate many risks associated with past defects. Parties should consider their risk tolerance, the quality of available information, and the nature of the property before settling on a Warranty Deed structure.

Before finalizing the document, review our article on Mistakes to Avoid in a Warranty Deed to ensure your wording does not unintentionally weaken title protections.

How to Create the Right Warranty Deed with Ziji Legal Forms

1. Choose template

Select the online Warranty Deed template on Ziji Legal Forms by choosing either a General Warranty Deed or a Special Warranty Deed format that matches your transaction.

2. Add Party Details

Enter the full legal names and contact details of the grantor and grantee so that the deed clearly identifies who is giving and receiving title.

Warranty Deed template of Ziji Legal Forms where user is asked to fill general information of required parties

3. Add Property Details

Insert the property’s legal description, address, and any identifying information such as parcel numbers to ensure the correct real estate is being conveyed.

Warranty Deed template of Ziji Legal Forms where user is asked to fill the price of the property

4. Add Pricing Details

State the consideration being paid or other value exchanged, along with any relevant wording required to reflect the purchase price or other agreed transfer terms.

5. Preview and print

Review the completed Warranty Deed for accuracy, confirm that the chosen template reflects the desired level of protection, then download as a PDF for signing, witnessing, and notarization as required.

Preview of Warranty Deed created on Ziji Legal Forms

Using an online Warranty Deed template with guided fields makes it easier to avoid missing key clauses, to choose between general and special warranties, and to produce a document that reflects the intended risk allocation between buyer and seller.

Conclusion: Choose the Warranty That Matches Your Risk

General and Special Warranty Deeds serve the same basic purpose but allocate title risks differently between buyer and seller. Understanding those differences helps both sides align expectations with the realities of the property’s history and the transaction structure. With a carefully chosen Warranty Deed template and solid title due diligence, you can transfer ownership with clearer protections and fewer surprises.

Warranty Deed FAQs

What is a warranty deed?

A warranty deed is a document used to transfer ownership of real estate from the grantor to the grantee. It is where the grantor warrants, or promises, that the grantor owns the property free and clear and has the authority to transfer the title to the grantee. In essence, the grantor is guaranteeing that there aren’t any encumbrances like mortgages, liens or judgement against the title and the grantee will receive the ownership of the property.

Warranty deeds are typically used in most real estate transaction where the grantee is paying full market value for the property and the grantor is transferring the property to the grantee in the sale. There are two different types of warranty deeds: general warranty deed, and special warranty deed.

What is a general warranty deed?

A general warranty deed offers the highest level of protection for the grantee. The grantor guarantees that the grantor owns the property and can legally transfer it to the grantee. Secondly, the grantor represents that there are no outstanding encumbrances like mortgages, lies, judgements, or other claims against the property by creditors. Under a general warranty deed, the grantor will also compensate the grantee if there’s a defect or breach in the warranty. In essence, the general warranty deed covers the title during any time period and guarantees that there are no defects in the title.

What is a special warranty deed?

A special warranty deed offers less protection than the general warranty deed because it only guarantees that there are no defects in the title during the grantor’s ownership period. The time period before the grantor owned the property is not guaranteed in a special warranty deed.

Who is the grantor in a warranty deed?

The grantor is the person whose name is currently on title and is transferring the interest of the property to the grantee. Generally in a real estate transaction, the grantor is the seller.

Who is the grantee in a warranty deed?

The grantee is the person who is receiving the interest of the property from the grantor. Generally in a real estate transaction, the grantee is the buyer.

Please note in some cases a person can be both the grantor and the grantee in a real estate transaction. For example if you are the sole owner of the property and want to add your spouse to the title, you would list yourself as the grantor and list yourself and your spouse as the grantee. Essentially, you are transferring your interest of the property to yourself and your spouse in this way with the quitclaim deed. A warranty deed is generally not used for adding a spouse’s name to the property; it is more often done via a quitclaim deed.

What is the legal description of the property and how do I find it?

The legal description specifies the boundaries of a track of land that is generated by licensed land surveyors. The legal description is not the physical street address of the property.

The easiest way to find the legal description of the property is to look at the deed of the property, or the mortgage documents of the property. You can also consult the county register or the county recorder where the property is located and search through the county land records. The legal description will typically be listed in the document or be attached as an exhibit on the back of the document.

What is the property tax/assessor’s parcel number?

The property tax number is a number assigned to the property for the purpose of property taxes. Depending on the jurisdiction, the property tax number can also be referred to as follows:

Assessor’s Identification Number, or AIN
Property Identification, or PID
Property Identification Number, or PIN
Property Account Number
Sidwell Number
Tax Account Number

What is the consideration on a warranty deed?

The consideration is the money or anything of value the grantee gives to the grantor in exchange for the property. List the actual sale price paid to the grantor to create a valid agreement.

Do I have to notarize the warranty deed?

The transfer of property is an important act even when it’s done between family members via a warranty deed. Yes, the grantor must sign the warranty deed in the presence of a notary in the jurisdiction to make it a valid document.

What are the blank spaces on top margins of the warranty deed?

Once the warranty deed has been signed and notarized, it must be taken to the county register or county recorder to be registered in land records. Most county recorders need a space on the top page of the document to stamp and record the warranty deed. The blank spaces are left there intentionally for recording purposes and they are normal.

What needs to be done after getting the warranty deed notarized?

Once the warranty deed is signed by the grantors and notarized in front of a notary, the deed must be submitted to the county register or county recorder to be recorded into land/property records.

Can a warranty deed be used to add a new owner to the property?

Typically, warranty deeds are not used to add owners to a property. Instead, adding a co-owner is usually done via a quitclaim deed. Warranty deeds are primarily used in sale transactions where ownership is being transferred from seller to buyer with guarantees about the title.

What protections does a grantee have under a warranty deed?

A grantee under a warranty deed is protected by the grantor’s promise that the title is free of defects and claims. If a title issue arises, the grantor may be legally responsible to compensate the grantee for any losses resulting from defects or claims on the property.

How does title insurance relate to a warranty deed?

Title insurance often accompanies a warranty deed transaction to protect the buyer against any title defects that were not discovered during the title search. While the warranty deed provides certain guarantees from the grantor, title insurance offers an added layer of protection against unknown issues.

Can a warranty deed be used for properties with liens or mortgages?

A warranty deed can be used, but the grantor must disclose any existing liens or mortgages on the property. Typically, these encumbrances must be cleared or addressed during the closing process so the grantee receives the property free and clear as guaranteed by the warranty deed.

What should I do if I discover a title defect after receiving a warranty deed?

If a title defect is discovered, the grantee should notify the grantor immediately as the warranty deed guarantees clear title. Depending on the issue, the grantor may be required to resolve the defect or compensate the grantee for any losses caused by the defect.

What jurisdictions can use our warranty deed?

You can use our template to create a legal and valid warranty deed for the following jurisdictions:

Alabama

Alaska

Arizona

Arkansas

California

Colorado

Connecticut

Delaware

District of Columbia

Florida

Georgia

Hawaii

Idaho

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming

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Types of Warranty Deeds: General vs Special Warranty Deed