A warranty deed is a deed that transfers ownership of real property—and guarantees certain characteristics of the title (ownership) being transferred. Under a warranty deed the seller guarantees or warrants that the title to the property (ownership) is good, clear, and free from encumbrances, liens, mortgages, and other claims. These guarantees of good and clear title are also known as covenants.
A warranty deed—also known as a general warranty deed or a full covenant and warranty deed—provides the greatest amount of protection to a purchaser of property and is often used when a buyer is trying to get financing for the purchase of a property.
Because a warranty deed places responsibility on the seller for ensuring title to the property is clear of liens, claims, and encumbrances, title insurance is often used to protect against the risk of claims and to facilitate the sale of the property.
When the parties to a sale transaction purchase title insurance the title company or the buyer’s attorney will perform a search of the public records regarding ownership of the property to make sure the purported seller of the property owns the property and that there are no other co-owners of the property, or liens, claims, or encumbrances on the property that might compete with or be made against the buyer after the sale transaction is completed.
In Washington State, a warranty deed is a legal document used to transfer real property with a guarantee from the seller to the buyer that the title is clear of any defects, liens, encumbrances, or claims. This type of deed offers the highest level of protection for the buyer, as the seller is legally bound by covenants that assure the quality of the title. The use of a warranty deed is common when a buyer is obtaining financing for a property purchase, as lenders often require clear and insured titles. To mitigate the risk of title defects and to ensure the validity of the title, title insurance is typically purchased. This involves a title search by the title company or the buyer's attorney to confirm the seller's ownership and to uncover any potential issues with the title that could affect the buyer's rights post-sale. The title insurance policy then protects the buyer (and lender, if applicable) from any future claims or legal issues that may arise concerning the title of the property.