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 South Carolina (SC), a warranty deed is a legal document used to transfer property ownership with the seller providing a guarantee that the title is clear of any liens, claims, or encumbrances. This type of deed offers the highest level of protection for the buyer and is commonly used in real estate transactions, especially when the buyer is obtaining financing. The seller, through the warranty deed, makes covenants that the title is good and clear, which reassures the buyer of the property's clean history and their rightful ownership after the purchase. To mitigate the risks associated with title defects, title insurance is frequently purchased. This insurance, often facilitated by the buyer's attorney or a title company, involves a thorough search of public records to confirm the seller's ownership and to ensure there are no undisclosed co-owners or existing claims against the property. The use of title insurance in conjunction with a warranty deed helps to secure the transaction and protect the interests of all parties involved.