A Florida general warranty deed is a document that securely transfers property between a buyer and seller with covenants that protect the new owner. This form of conveyance provides the recipient of the property (the “grantee”) the utmost protection against any title issues, such as a mechanic’s lien on the property or other third-party claims. Through administering their signature, the grantor promises to take action to defend the title should a third party make a claim to the property.
Florida law stipulates that the property conveyed with this deed will bind the grantor and the grantee with “full common-law covenants,” even if they are not explicitly spelled out in the document. There are six (6) of these covenants in Florida: the covenants for seisin, right to convey, against encumbrances, quiet enjoyment, general warranty, and further assurances.
- Statutes: § 689.02
- Formatting: § 695.26
- Signing Requirements (§ 695.26): Notary Public and Two (2) Witnesses
- Where to Record: Circuit Court
- Recording Fees (§ 28.24(13)(a), (d), (e)): $10 for the first page; $8.50 for each additional page.
- Residential Property Disclosure Statement (Johnson v. Davis, 480 So.2d 625): Potential buyers must be made aware of any known defects that affect the property they intend to purchase.