When to Use
A general warranty deed should be used in the following circumstances:
- The buyer will be purchasing the property (not receiving it as a gift).
- The buyer will need to obtain financing or title insurance.
- The buyer wants the highest level of protection against any title issues.
By State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- 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
General Warranty vs. Special Warranty
While general and special warranty deeds share many similarities, a general warranty deed provides more extensive title assurances.
Under a general warranty deed, the grantee (buyer) receives a contractual promise that the property is free of any issues dating back to the very first owner. If there are any title issues, the grantor will defend the grantee against them.
With a special warranty deed, the buyer is only promised that the title is free and clear of issues from the current owner (grantor). In other words, the deed does not provide guarantees or protection for title issues from previous owners.
Both deed types provide significantly more protection for the buyer than a quitclaim deed, which provides no guarantees to the grantee.