When it comes to negotiating and signing a legal document, a general warranty deed is the most powerful type of deed available. It’s an assurance of title — the highest level of warranty of the property’s conditions available. It’s an agreement in which the seller (known as the grantor or warrantor) makes a specific set of guarantees about the transaction. When the deed is properly executed, it binds the buyer (known as the grantee) to those promises.

The state of Texas, like all other states, requires that certain formalities must be followed in order to create an effective deed. As a result, for those unsure of the proper procedure, it's recommended to seek out the council of an experienced lawyer that understands Dallas local regulations. To help make this process easier, UpCounsel provides access to experienced business attorneys who can help you work through this process.

What is a General Warranty Deed?

A general warranty deed — also known as a deed of special warranty — provides the highest protection of the grantee’s rights, quaranteeing a clear title and free from any claims or encumbrances. The grantor of the general warranty deed makes these promises to the parties:

Seisin:

The grantor must possess and possess title to the property.

Right To Convey:

The grantor must have the legal right to transfer the title to the.

Warranty:

The grantor is guaranteeing that no one else has any claim for the property during his or her ownership period.

Cohabitation:

The grantor must have the right to transfer possession of the property to the grantee and make it available for occupancy.

Quiet Enjoyment:

The grantor agrees, among other things, that the grantee will enjoy the property without any interference from third parties.

A general warranty deed in legal documents is also known as a “deed of general warranty”. This type of deed is an assurance of title (the highest level of assurance available). It guarantees that the title is free from encumbrances or claims by anyone, including the grantor. In addition, the grantor also warrants against future claims arising from previous owners.

Steps for Executing a General Warranty Deed in Dallas

When preparing to sign a general warranty deed in Dallas, there are certain steps that must be taken to ensure that the deed is legally sound and binding.

1. Acquire the deed form:

The first step to creating a legally valid deed is to obtain the deed form that meets all legal requirements. You can either use a form provided by the local county team or you can create your own. When creating your own, make sure to include all relevant information, including the property description, grantor and grantee names, warranties, and covenants.

2. Obtain all necessary documents:

For any deed to be legally enforceable, it must be accompanied by a number of documents. s include prior deeds, title searches, surveys and deeds of trusts. To make sure that the deed is well-prepared and accurate, consult with a title company or local attorney.

3. Have a Notary execute the deed:

Once the deed is prepared and all necessary documents have been gathered, both the grantor and grantee must appear before a notary public. The notary will review the deed, verify the identity of the parties involved, and administer an oath to the grantor. The oath must be taken seriously as it serves as evidence of the grantor’s intent to convey a legitimate title.

4. Record the deed at the county recorder’s office:

Once the deed is executed and notarized, it must be recorded at the county recorder’s office before it becomes legally binding. The fee for recording a deed varies by county, but it’s usually set at a few hundred dollars. Recording a deed is evidence that the grantee acquired real estate, and protects against future claims to the property.

Concluding perspectives

Executing a general warranty deed can be complicated for those unfamiliar with legal documents. This process requires an understanding of all necessary paperwork, as well as an understanding of the law. To ensure that all documents are properly completed and legally sound, enlist the advice of an experienced attorney that understands local regulation. With the help of UpCounsel, you can access experienced business attorneys who can help make this process easy and stress-free.

Topics:

General Warranty Deed,

Dallas,

Local Regulation