Florida Warranty Deed
π‘ Warranty Deed
A Warranty Deed provides the highest level of protection to the buyer. It guarantees that the seller has clear title and the legal right to transfer the property, free from any claims or liens.
Perfect for: Selling real estate to a third party, real estate transactions requiring title insurance.
Perfect for: Selling real estate to a third party, real estate transactions requiring title insurance.
β Full title protection
β Used in traditional property sales
β Includes seller guarantee$129 for Digital Delivery$159 for Overnight Delivery
FAQs
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What is a Florida Warranty Deed?
A Warranty Deed is a legal document used to transfer real property in Florida, in which the seller (grantor) guarantees clear title to the property. This deed provides the highest level of protection for the buyer (grantee).
There are two types:
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General Warranty Deed β guarantees title against all claims, past or present
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Special Warranty Deed β guarantees title only against claims during the grantorβs ownership
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When to Use a Warranty Deed in Florida
You should use a Warranty Deed when:
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The transaction involves a sale of real estate to a third party
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The grantor wants to provide a guarantee of good title
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The buyer is purchasing with financing or title insurance
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The parties require a legally binding guarantee against defects or liens
π Required Information to Prepare a Florida Warranty Deed
πΉ Grantor (Seller) Information
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Full legal name(s)
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Marital status (required for homestead property)
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Mailing address
πΉ Grantee (Buyer) Information
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Full legal name(s)
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Marital status (for homestead exemption purposes)
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Mailing address
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How title will be held (e.g., joint tenants, tenants in common, tenants by entirety)
πΉ Property Information
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Property address
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Full legal description (exactly as it appears on the current deed)
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Parcel or tax ID number (optional, but helpful)
π Required Documents
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Florida Warranty Deed form (General or Special, depending on the situation)
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Current deed or title to copy the legal description
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Closing statement or sales contract (if applicable)
ποΈ Signing and Execution Requirements
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Grantor(s) must sign the deed in front of:
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Two witnesses, and
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A notary public
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Grantee does not sign the deed
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Wet ink signatures only for our documents
ποΈ Recording the Deed
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Deliver or mail the signed deed to the Clerk of Court / County Recorder where the property is located
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Pay recording fees (typically $10 for first page, $8β$10 for additional pages)
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Pay documentary stamp tax based on sales price (see below)
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Request a certified copy of the recorded deed
π΅ Costs and Taxes
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Documentary Stamp Tax: $0.70 per $100 of consideration (rounded up)Example: Sale price of $250,000 = $1,750 in doc stamps
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Recording fees: ~$10β$20 depending on length of deed
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Notary fees: ~$10 per signature (if not handled in-office or closing)
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Title insurance (optional): Cost varies by property value
β οΈ Important Legal Considerations
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A Warranty Deed guarantees clear titleβgrantor may be liable for future claims
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If property is homestead, the spouse must join in the deed, even if not on title
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Title search or title insurance is recommended before transferring property
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Property taxes and liens may still be attached unless addressed before transfer
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Use a Special Warranty Deed if you want to limit liability to your period of ownership
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Checklist Summary
β Full legal names and marital status of grantor(s) and grantee(s)
β Legal property description (exact from current deed)
β Warranty Deed form properly filled out (general or special)
β Signed by grantor in presence of 2 witnesses + notary
β Documentary stamp tax calculated and paid
β Deed recorded at the county Clerk of Court
β Certified copy of recorded deed obtained
β Legal property description (exact from current deed)
β Warranty Deed form properly filled out (general or special)
β Signed by grantor in presence of 2 witnesses + notary
β Documentary stamp tax calculated and paid
β Deed recorded at the county Clerk of Court
β Certified copy of recorded deed obtained