Updated on September 1st, 2022
A South Carolina general warranty deed allows real estate to be transferred with warranties ensuring clear title and the transferor’s right to convey. A clear title refers to the absence of third-party claims (such as liens or debts) which would cloud the title, likely preventing the new owner from obtaining financing for their purchase. Should any claims arise after deed recordation, a general warranty deed’s covenants exempt the grantee from liability and state that the grantor will be responsible for resolving such issues. General warranty deeds are ideal for residential property transactions as they offer the most transferee protection among all the deed types.
- Statutes: Title 27 (Property and Conveyances)
- Formatting: Certain counties may have specific formatting standards (see Greenville County).
- Signing Requirements (§ 27-7-10 and § 30-5-30): Notary Public and Two (2) Witnesses. The notary public may be one (1) of the witnesses.
- Where to Record (§ 30-7-10): County Registers of Deeds
- Recording Fees (§ 8-21-310(1)): $15
- Affidavit for Taxable or Exempt Transfers: To be filed with the court clerk or register of deeds when recording a deed (§ 12-24-70).
- Property Disclosure Statement (§ 27-50-40): Before a real estate purchase is completed, the seller must provide the buyer with this disclosure.