What is a warranty deed?
A warranty deed is a deed that transfers title and gives the buyer promises about the seller's ownership, the seller's right to sell, and protection against title claims. A general warranty deed gives broad title promises against lawful claims. A special or limited warranty deed is narrower and usually covers only title problems tied to the seller's ownership or actions. After closing, the seller may be responsible if a deed warranty is broken.
Key facts
- A deed transfers title to a new owner and is usually recorded in the local county clerk's office.
- A warranty deed gives full warranties from the seller, called the grantor, to the buyer, called the grantee.
- A special warranty deed covers only defects that happened during the seller's ownership.
- After closing, the buyer can sue only on the warranties contained in the deed.
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Get my cash offerWhat a warranty deed means in your closing papers
A warranty deed is the paper that transfers title and adds promises about title. Cornell's Legal Information Institute says a deed transfers title to a new owner and is usually recorded in the local county clerk's office. The seller is the grantor. The buyer is the grantee.
The warranties described in the sources on this page are title promises, such as the right to convey and defense against lawful title claims.
Different deed types carry different title promises. Cornell lists a warranty deed, special warranty deed and quitclaim deed as different deed types, so do not read them as the same document.
What a general warranty deed promises the buyer
A general warranty deed gives broad promises from the seller to the buyer. Cornell calls a warranty deed the most favorable type of deed because it provides full warranties from the grantor to the grantee.
Ohio Revised Code 5302.05 calls the form a "General warranty deed form." Ohio Revised Code 5302.06 says the words "general warranty covenants" mean the seller promises that the seller is lawfully seized, the property is free from encumbrances, the seller has good right to sell and convey, and the seller will defend against lawful claims and demands of all persons.
Indiana uses similar promise language. Indiana's warranty deed statute, quoted by the Indiana Courts, says a conveyance worded in substance as "conveys and warrants" includes covenants that the grantor is lawfully seized, has good right to convey, guarantees quiet possession, guarantees the premises are free from all encumbrances, and will warrant and defend title against all lawful claims.
- The buyer receives title from the seller.
- The seller promises the seller has the right to convey the property.
- The seller promises the title is free from encumbrances, unless the deed states exceptions.
- The seller promises to defend title against lawful title claims covered by the warranty.
How a special or limited warranty deed differs
A special warranty deed is narrower than a general warranty deed. Cornell says a special warranty deed is a deed where the seller warrants only against defects that occurred during the seller's ownership.
States use different names for this narrower deed. Ohio calls its statutory form a "Limited warranty deed form." Wisconsin and Tennessee use the name "Special Warranty Deed" in the sources listed below.
The narrow promise matters because it limits what the seller is backing up. Tennessee's Shelby County Register says a special warranty deed does not warrant against title defects from conditions that existed before the grantor owned the property.
What a seller may be on the hook for after signing
After closing, the deed becomes very important. Cornell says that after the closing, the purchase contract merges with the deed, and the buyer can only sue on the warranties contained within the deed.
That means a seller who signed a general warranty deed may face a claim based on the title promises in that deed.
If your closing papers mention an encumbrance, that word often appears near title and lien questions. For a separate plain English explanation, see what is a lien on a house.
Who prepares, signs and records the deed
The preparation and recording process depends on the state and the closing setup. The seller signs the deed as grantor. A county office then records the deed or keeps the real estate record, depending on the state wording used by that office.
The Supreme Court of Georgia approved the rule that only a licensed Georgia attorney may prepare or facilitate the execution of a deed of conveyance on behalf of another.
Indiana's Knox County Recorder says the instrument must be properly acknowledged, the preparer's name must be on the document, an auditor endorsement is required before recording, and a Sales Disclosure form is required with the deed.
Recording is about making the deed part of public land records. Tennessee's Shelby County Register defines recording as filing documents affecting real property as a matter of public record, giving notice to later purchasers, creditors or other interested parties. For a broader look at seller closing costs, see how much does it cost to sell a house.
What cited sources call the warranty deed forms
The names in your closing package may not be identical in every state.
The label matters, but the words inside the deed matter too. A deed titled "limited" or "special" usually has a narrower warranty than a general warranty deed.
| State | Names used in the cited source | Other point from the cited source |
|---|---|---|
| Indiana | General warranty deed, Special warranty deed and Quit claim deed are listed as commonly used deed types in Indiana real estate education rules. Indiana warranty deed law also uses the phrase "conveys and warrants." | Knox County says the recorder maintains real estate deed and mortgage records, and a deed transfer for taxation needs county auditor endorsement before recording. |
| Ohio | Ohio Revised Code Chapter 5302 names a "General warranty deed form" and a "Limited warranty deed form." | Ohio Revised Code 5302.06 defines "general warranty covenants." |
| Tennessee | Shelby County Register uses "General Warranty Deed," "Warranty Deed" and "Special Warranty Deed." | Shelby County defines recording as filing real property documents as public record to give notice to later purchasers, creditors or other interested parties. |
Frequently asked questions
Is a warranty deed the same as a general warranty deed?
It depends on the state and the exact document. Ohio uses the formal statutory name "General warranty deed form."
Does a warranty deed promise the house is in good condition?
No. The warranty deed promises described here are about title, including ownership, the right to convey, encumbrances and title claims.
What is the main difference between a general warranty deed and a special warranty deed?
A general warranty deed gives broad title promises. A special warranty deed is narrower. Cornell says the seller in a special warranty deed warrants only against defects that occurred during the seller's ownership.
Who records a warranty deed after closing?
The deed is recorded in the county land records office used by that state or county. Cornell says a deed is usually recorded in the local county clerk's office.
Can a buyer sue a seller after a warranty deed is signed?
A buyer may sue on the warranties contained in the deed after closing. Cornell says that after closing, the purchase contract merges with the deed and the buyer can only sue on those deed warranties.
Does a mortgage change what a warranty deed is?
A mortgage question is separate from the meaning of the deed form. A warranty deed transfers title and gives title promises. If you are selling while a loan is still on the home, see can you sell a house with a mortgage.
Sources
Checked against each source on November 3, 2026. This page is general information, not legal or tax advice.
- deed (Legal Information Institute, Cornell Law School)
- Chapter 5302 | Statutory Forms Of Land Conveyance (Ohio Laws / Ohio Revised Code)
- Ellettsville Holdings, LLC v. Garnett D. Kinser (Indiana Courts)
- 876 IAC 2-12-3, Transfer of title to real property (Legal Information Institute, Cornell Law School / Indiana Administrative Code)
- Recorder's Office (Knox County, Indiana)
- Glossary (Shelby County Register of Deeds, Tennessee)
- In re UPL Advisory Opinion 2003-2, 277 Ga. 472 (State Bar of Georgia / Supreme Court of Georgia)
Related seller questions
- What is a lien on a house?
- How do you sell a house with a lien?
- Can you sell a house with a mortgage?
- How much does it cost to sell a house?