A Wisconsin general warranty deed is used to transfer ownership of real property and warrant that the title is unaffected by encumbrances, except for those disclosed in the deed. Under a general warranty deed, the grantor guarantees that they possess full rights to convey the property and that other parties do not hold interest in the same. It is deemed an infringement of the deed’s warranty if third-party claims are discovered after the conveyance, and the grantor will be legally responsible for defending the title in such a case.
The deed’s warranty allows homebuyers to obtain property without the worry of dealing with encumbrances such as defective titles, mechanic’s liens, or unpaid property taxes.
- Statutes: Chapter 706 (§§ 706.001 – 706.25)
- Formatting: § 59.43(2m), § 59.43(5), § 59.43(7), § 706.02, § 706.05
- Signing Requirements (§ 706.06): Notary Public
- Where to Record (§ 706.05): County Register of Deeds (County Map)
- Recording Fees (§ 59.43(2)(ag)(1)): $30 (no page limit)
- Forms:
- Real Estate Transfer Return (eRETR): The grantor must complete the Real Estate Transfer Return online and include the eRETR receipt when filing a deed with the Register of Deeds.
- Property Disclosure Statement (§ 709.01(2), § 709.02(1), § 709.03, § 709.033): For conveyances subject to the Real Estate Transfer Return fee, the seller must disclose the property’s condition using this form.
- Condominium Addendum to Real Estate Condition Report (§ 709.02(2)): If a conveyance of a condominium requires the Real Estate Condition Report, this addendum must be attached thereto.