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An Oklahoma general warranty deed is a form by which a seller transfers property rights to a buyer and warrants (guarantees) that the conveyed title is valid and free from encumbrances. A seller who transfers real estate through an Oklahoma general warranty deed makes three (3) promises to the buyer: they acquired title rights lawfully and have the power to transfer ownership; there are no unresolved liens or other encumbrances attached to the title, and; they will remain liable for lawful claims adversely affecting the buyer’s ownership. If any of the aforementioned promises prove false, the buyer could file a lawsuit against the seller to seek financial compensation.
- Statutes: §§ 16-1-19 & 16-1-40
- Formatting: § 19-9-298(B)
- Signing Requirements (§§ 16-1-4 & 16-1-26): Notary Public
- If the property being transferred qualifies for a homestead exemption (reduction in property tax), the deed must also be signed by the seller’s spouse, if any.
- Where to Record (§ 16-1-16): Register of Deeds
- Recording Fees (§ 28-1-32(A) & (C)): $8 for the first page + $10 preservation fee ($18 total); $2 for each additional page.
- Forms:
- Property Disclosure Statement (§ 60-16A-833(2)): This disclosure is needed to identify the material condition of a residential dwelling.
- Property Disclaimer Statement (§ 60-16A-833(1)): If a residential property seller has never lived on the premises and has no actual knowledge of material flaws, they must provide this disclaimer to the buyer in lieu of the Property Disclosure Statement.