TAX & LEGAL GUIDE

Warranty Deed in Florida: Complete Guide for Home Sellers

A warranty deed is the standard instrument used to transfer real property ownership in a Florida home sale. Unlike a quit claim deed (which conveys whatever interest the grantor has with no warranty), a warranty deed guarantees that the title is free and clear of encumbrances. Understanding what you're warranting protects you and enables buyers to get title insurance and financing.

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General Warranty Deed: What You're Guaranteeing

A General Warranty Deed contains six covenants of title: (1) Covenant of Seisin — you own and have the right to convey the property; (2) Covenant of Quiet Enjoyment — the buyer won't be disturbed by third-party claims; (3) Covenant Against Encumbrances — no liens or encumbrances except those disclosed; (4) Covenant of Further Assurance — you'll take any additional steps needed to perfect the title; (5) Warranty Forever — you'll defend the title against all claims, ever. These warranties survive closing and can expose a seller to liability if a title defect emerges later — which is why title insurance exists.

Special Warranty Deed: The Common Florida Sale Alternative

A Special Warranty Deed limits the seller's warranty to defects that arose during the seller's period of ownership. You're not warranting title issues that existed before you owned the property. Special warranty deeds are common in Florida commercial transactions, foreclosure sales, estate sales, and bank-owned (REO) properties. They're perfectly acceptable for most residential sales and most title companies will insure purchases via special warranty deed. Buyers should understand they're getting a more limited warranty from the seller.

The Role of Title Insurance

In Florida, buyer's title insurance and lender's title insurance protect against exactly the risks that warranty deeds address — past defects, missed liens, forged documents, and errors in public records. Because title insurance exists, the specific type of warranty deed (general vs. special) matters less than the title search and policy. In Florida, sellers typically pay for the owner's title insurance policy (in most counties), ensuring the buyer has coverage regardless of what the deed warranties.

FREQUENTLY ASKED QUESTIONS

Common Questions

Who prepares the deed in a Florida home sale?

In Florida, the title company or the seller's attorney typically prepares the deed. In some Florida counties (like Miami-Dade, Broward, and Palm Beach), the buyer chooses the title company and the title company prepares all closing documents including the deed.

What type of deed is used for most Florida home sales?

General Warranty Deed is most common for standard residential sales. Special Warranty Deed is used for estate sales, foreclosures, REO, and some commercial transactions. Quit Claim Deed is used for transfers between family members, title corrections, and trust transfers.

Can I get sued for a title defect after I sell with a warranty deed?

Theoretically yes, but practically the buyer's title insurance handles any claims. The buyer's title insurer investigates and pays claims — they would then potentially seek indemnification from you if the defect stemmed from your breach of warranty. For most sellers who have clear title and have done a proper title search, this risk is minimal.

Does the deed type affect my closing costs?

No — documentary stamp tax is based on sale price, not deed type. Preparation fees are similar across deed types. The deed type is a legal choice based on the transaction circumstances, not a cost driver.

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