Updated on September 1st, 2022
A Pennsylvania general warranty deed is a real estate form whereby a seller transfers ownership to a buyer with a guarantee of an unencumbered and legitimate property title. The document states that the property is free of all liens, mortgages, easements, and other title defects that could risk the buyer’s use and ownership of the real estate. If it is later revealed that the title was defective, the buyer would be entitled to compensation from the seller, even if the defect occurred before the seller’s time of ownership. The document also guarantees that the seller was the property’s rightful owner when the conveyance was made.
- Statutes: 21 § 5
- Formatting: Requirements vary from county to county; deed filers should contact the Recorder of Deed’s office to review local standards.
- Signing Requirements (21 § 42): Notarial Acknowledgment
- Where to Record (21 § 351): County Recorder of Deed’s office
- Recording Fees: Approx. $80 – $100
- Exemption Statement: If the property transfer is exempt from transfer tax, the reason for the exemption must be mentioned on the deed form.
- Property Disclosure Statement (68 § 7303): A seller of residential property must complete this form to disclose to the buyer all known material damages within the property being sold.
- Form REV-183 (Realty Transfer Tax Statement of Value) (42 § 21053): Required if the deed doesn’t specify a tax exemption statement or the parties are not paying the total market value transfer tax.
- Coal Severance Notice (52 § 1551): Must be included with the deed if there is/was a severance of coal underneath the property’s surface.
- Bituminous Coal Notice (52 § 1406.14): Must be included with the deed and signed by the buyer if the following applies:
- Bituminous coal has been found on the land and separately assessed for taxation; and
- The seller did not certify in the deed whether the property is supported by the underlying bituminous coal.