No Mandatory Warranty Covenant
Some states require certain covenants (promises) in property deeds. Arizona takes a different approach. This statute makes clear that no person is obligated to insert a covenant of warranty into a conveyance. At the same time, neither party is restricted from including any clause they consider proper and advisable.
No person shall be obliged to insert the covenant of warranty, or restrained from inserting any clause in a conveyance which is deemed proper and advisable by the purchaser and seller, and forms not contravening laws of the land shall not be invalidated.
A.R.S. § 33-434This is Arizona's way of honoring freedom of contract in real property transactions. As long as the deed does not violate existing law, the parties can shape the terms to fit their situation.
What This Means in Practice
Understanding this statute helps explain why different types of deeds exist. A general warranty deed includes broad promises about clear title. A special warranty deed limits those promises to the period the grantor owned the property. A quitclaim deed makes no promises at all.
In estate planning, this flexibility matters. When property moves into or out of a trust, the type of deed used affects what protections the recipient receives. A trustee transferring property to a beneficiary might use a special warranty deed, while a family member gifting property might use a quitclaim. The statute confirms that Arizona law respects whatever form the parties choose, as long as it stays within legal bounds.
