A warranty deed is a deed that transfers ownership of real property—and guarantees certain characteristics of the title (ownership) being transferred. Under a warranty deed the seller guarantees or warrants that the title to the property (ownership) is good, clear, and free from encumbrances, liens, mortgages, and other claims. These guarantees of good and clear title are also known as covenants.
A warranty deed—also known as a general warranty deed or a full covenant and warranty deed—provides the greatest amount of protection to a purchaser of property and is often used when a buyer is trying to get financing for the purchase of a property.
Because a warranty deed places responsibility on the seller for ensuring title to the property is clear of liens, claims, and encumbrances, title insurance is often used to protect against the risk of claims and to facilitate the sale of the property.
When the parties to a sale transaction purchase title insurance the title company or the buyer’s attorney will perform a search of the public records regarding ownership of the property to make sure the purported seller of the property owns the property and that there are no other co-owners of the property, or liens, claims, or encumbrances on the property that might compete with or be made against the buyer after the sale transaction is completed.
In Connecticut (CT), a warranty deed is a legal document used to transfer real property with a guarantee from the seller to the buyer that the title is clear, free of liens, encumbrances, mortgages, and other claims. This type of deed includes covenants that assure the buyer of the quality of the title, offering the highest level of protection to the purchaser. It is particularly common in transactions where the buyer is obtaining financing. The seller, through the warranty deed, takes on the responsibility of ensuring that the title is unencumbered, and to mitigate the risk of future claims, title insurance is often purchased. Title insurance involves a title search by the title company or the buyer's attorney to confirm the seller's ownership and to uncover any potential issues with the title that could affect the buyer's interests post-sale. This process helps to ensure that the buyer receives a good and marketable title to the property.