A Texas general warranty deed transfers an interest in property, providing the receiving party (the grantee) an assurance that the grantor holds a clear title. The “general warranty” conveyed in the deed in the deed guarantees home buyers/transferees that they will not need to deal with title encumbrances after deed execution (e.g., mechanic’s liens, unpaid property taxes, easements), including those resulting from owners prior to the grantor’s term. If an encumbrance should arise after the transfer, the grantor will bear the responsibility of defending the grantee and settling the matter.
The grantee is deemed the new title holder once the deed is signed by the grantor(s), two (2) witnesses (or a notary public), and submitted to the county clerk’s office of the county where the property is located.
- Statutes: § 5.022
- Formatting: §§ 191.007, 11.002, 11.003, 11.008, 12.0011
- Signing Requirements (§ 12.001(b)): Notary Public or Two (2) Witnesses
- Where to Record: County Clerk’s Office
- Recording Fees (§ 118.011(2)): $5 for the first page + $4 for each additional page.
- Property Disclosure Statement (§ 5.008): Must be furnished to a buyer of a single-dwelling residence prior to the signing of a purchase contract.