The Texas warranty deed is a form of deed that provides an unlimited warranty of title. It makes an absolute guarantee that the current owner has good title to the property. The warranty is not limited to the time that the current owner owned the property. This means that the current owner could be legally responsible for title issues that arose before the current owner acquired the property. In Texas, warranty deeds are often used:
Special language is required to ensure that the deed qualifies as a warranty deed. This language is automatically included by our deed preparation service and valid in all Texas counties.
A Texas warranty deed form allows Texas property owners to transfer real estate with a full warranty of title. A person who signs a warranty deed guarantees that he or she owns the property and has the right to convey clear title to the new owner. The warranty of title provided by a Texas warranty deed extends to all prior owners, not just the owner who signs the deed to transfer the property.
In Texas, a warranty deed is sometimes called a general warranty deed. The word “general” distinguishes a warranty deed from a special warranty deed, which provides a more limited warranty of title.
The distinguishing feature of a Texas warranty deed is a full warranty of title. This warranty of title includes both express and implied guarantees. The express guarantee is found in the body of the deed itself. It promises that the person signing the deed will defend against any title issues affecting the property, including those that arose before the person owned the property.
The implied guarantee comes from Texas Property Code § 5.023 and includes two promises:
These promises are automatically implied when the deed uses the statutory language in the granting clause.
Because of the role of title insurance in modern Texas real estate sales, the warranty provided by a warranty deed is not as important as it once was in the sale context. Instead of relying on the seller to warrant the property, the buyer can depend on the title insurance company to protect the buyer if later title issues arise.
The full warranty of title provided by a Texas warranty deed distinguishes it from other forms of Texas deeds that offer less protection.
Texas warranty deeds are named after the warranty of title. Other deeds are named after probate avoidance features. In Texas, a life estate deed, lady bird deed, and transfer-on-death deed can all avoid probate. Because these names refer to different features, it is possible for some of these probate avoidance deeds also to be warranty deeds. For example, the same deed could be both a lady bird deed and a warranty deed.
In Texas, warranty deeds are most often used in sales of residential real estate. They are rarely used to transfer property by gift (without consideration) due to the risk they place on the transferor. People who transfer property by gift would usually prefer that the transferee assume the risk of any title issues since the transferor is not being paid for the property.
Texas Property Code § 5.022(a) provides that “following form or a form that is the same in substance conveys a fee simple estate in real property with a covenant of general warranty” and provides this text:
The State of Texas,
County of ____________________.
Know all men by these presents, That I, __________________, of the __________________ (give name of city, town, or county), in the state aforesaid, for and in consideration of __________________ dollars, to me in hand paid by __________________, have granted, sold, and conveyed, and by these presents do grant, sell, and convey unto the said __________________, of the __________________ (give name of city, town, or county), in the state of __________________, all that certain __________________ (describe the premises). To have and to hold the above described premises, together with all and singular the rights and appurtenances thereto in any wise belonging, unto the said __________________, his heirs or assigns forever. And I do hereby bind myself, my heirs, executors, and administrators to warrant and forever defend all and singular the said premises unto the said __________________, his heirs, and assigns, against every person whomsoever, lawfully claiming or to claim the same, or any part thereof.
Witness my hand, this __________________ day of __________________, A.D. 19___.
Signed and delivered in the presence of ____________________
This form leaves a lot to be desired, and well-advised property owners would never use this alone as a deed. In practice, Texas warranty deeds are the “same in substance” as the statutory form, but contain the other information to meet the requirements of Texas law. These requirements include a valid legal description, statement of consideration, and a description of the manner in which co-owners will hold title. The deed must also meet the font size, margin, and page format requirements of Texas recording laws and include the statutory form of notary acknowledgments. These additional elements are required for a valid deed and permitted by subsection (c) of the statute, which provides that “parties to a conveyance may insert any clause or use any form not in contravention of law.”
Although the deed describes above conveys “a fee simple estate in real property with a covenant of general warranty,” section (b) of the statute says that a “covenant of warranty is not required in a conveyance.” This means that other forms of deeds—like special warranty deeds or quitclaim deeds or deeds without warranty—are also acceptable.
When creating a Texas warranty deed, it is important to get the language exactly right. Minor differences in wording can change the purpose of the deed. The Texas warranty deeds created by our Deed Generator were designed by Texas attorneys to meet the requirements of Texas law.