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Warranty Deed

Property & Real Estate

A deed in which the seller guarantees clear title and promises to defend the buyer against earlier title claims.

A warranty deed is the strongest deed a grantor can give. It transfers ownership and adds binding promises (covenants) about the quality of the title.

What a Warranty Deed Promises

The grantor warrants that they actually own the property, that the title is free of undisclosed liens or encumbrances, that they have the right to convey, and that they will defend the title against any earlier claims. If a prior claim surfaces later, the buyer can sue the grantor for breach of warranty.

Warranty Deed vs. Quitclaim and Special Warranty

A quitclaim deed transfers only whatever interest the grantor has, with no warranties. A special warranty deed only warrants against claims that arose during the grantor's ownership, not earlier. A general warranty deed (the standard "warranty deed") covers the entire history of the title. Arizona's deed forms are spelled out in A.R.S. 33-402.

Use in Trust Funding

When transferring a home into a living trust, attorneys often use a warranty deed if a future buyer or title insurer will rely on the trust's chain of title. Pair the deed with title insurance for the strongest protection.

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