When you’re buying property, you need absolute confidence that the seller truly owns what they’re selling and that no hidden claims or defects will surface after closing to threaten your ownership. You’re making a significant investment, and you need the strongest possible protection—that’s exactly what a general warranty deed provides.
A general warranty deed offers the most comprehensive protection available to property buyers in Texas. Unlike other deed types, a general warranty deed includes the seller’s promise to defend your title against all claims—even those arising before they owned the property. At Strickland Law Firm, we prepare general warranty deeds for Houston property transactions where buyers deserve maximum protection and sellers can confidently warrant clear title.
We ensure your general warranty deed is properly prepared, includes all required warranties and covenants, and provides the full legal protection this deed type is meant to deliver.
A general warranty deed is the gold standard of property deeds in Texas, providing the buyer with six specific covenants (promises) from the seller about the quality of title. These covenants guarantee that the seller has the right to convey the property, that the title is free from encumbrances except those specifically listed, and that the seller will defend the buyer’s title against any claims—no matter when those claims arose.
The six covenants are: covenant of seisin (seller owns the property), covenant of right to convey (seller has authority to sell), covenant against encumbrances (no undisclosed liens), covenant of quiet enjoyment (buyer won’t be disturbed by claims), covenant of warranty (seller will defend the title), and covenant of further assurances (seller will take additional actions needed to perfect title).
If any title problems arise after closing, the buyer can sue the seller for breach of warranty and recover damages. This makes general warranty deeds the preferred choice for arms-length real estate sales where the buyer is paying fair market value.
We’ve prepared numerous general warranty deeds for Houston property transactions, ensuring buyers receive proper protection and sellers understand their obligations. When you work with us, we:
You receive professionally prepared deeds that provide the protection general warranty deeds are meant to deliver while ensuring all parties understand their rights and obligations.
General warranty deeds are the standard choice for traditional real estate sales in Houston where a buyer is purchasing property from a seller they don’t know, paying fair market value, and expecting complete protection. If you’re buying a house, purchasing investment property, or engaging in any arms-length transaction where significant money is changing hands, a general warranty deed is appropriate and expected.
Buyers should insist on general warranty deeds in purchase transactions because they provide maximum protection. Sellers can confidently provide general warranty deeds when they’ve owned the property for a significant time, have no knowledge of title problems, and have title insurance from when they purchased.
However, general warranty deeds are not always appropriate. Sellers who cannot warrant clear title—such as estates selling inherited property or sellers aware of title issues—typically use Special Warranty Deed or Quitclaim Deed instead. Family members transferring property as gifts often use quitclaim deeds since the relationship involves trust rather than the need for legal warranties.
A properly prepared general warranty deed in Texas includes several essential elements. The deed must identify the grantor (seller) and grantee (buyer) with their complete legal names. It must contain an accurate legal description of the property, typically drawn from prior deeds or surveys. The deed states the consideration, though the actual amount is often listed as “ten dollars and other valuable consideration” for privacy.
The deed includes the granting clause with language conveying the property and stating the warranties being provided. Texas has statutory language for general warranty deeds that includes all six covenants. Any exceptions to the warranties—such as existing easements or deed restrictions—must be specifically listed.
The grantor must sign the deed before a notary public. After execution, the deed must be filed with the Harris County Clerk’s office to provide public notice of the transfer.
Understanding the difference between these deed types helps buyers and sellers choose appropriately. A general warranty deed warrants title against all defects and claims, regardless of when they arose. A Special Warranty Deed only warrants against defects arising during the seller’s period of ownership, not before.
For buyers, general warranty deeds provide significantly more protection because the seller is guaranteeing the entire title history. If an old lien surfaces, the general warranty deed allows the buyer to seek recourse from the seller. With a special warranty deed, the buyer would have no remedy against the seller for pre-existing defects.
For sellers, general warranty deeds involve more risk because they’re vouching for title history they didn’t control. However, if the seller purchased with title insurance, that insurance typically protects them against warranty claims.
Even when receiving a general warranty deed, buyers should obtain title insurance. While the deed gives the buyer the right to sue the seller if title problems arise, title insurance provides immediate protection and financial backing from an insurance company. Together, you have two layers of protection—the seller’s personal warranty and the insurance company’s guarantee.
Title insurance companies thoroughly research title history before issuing policies, which helps identify problems before closing. If you’re selling property and providing a general warranty deed, having title insurance from when you purchased protects you against warranty claims from your buyer. If you’re buying property with a general warranty deed, obtaining your own title insurance protects you even if the seller is unable to honor their warranty obligations.
Sellers who provide general warranty deeds accept significant liability for title quality. If title defects emerge after closing, the buyer can sue for breach of warranty and potentially recover the purchase price, legal fees, and damages. This liability continues even after the seller no longer owns the property and can extend for years.
Before providing a general warranty deed, sellers should ensure they have clear title, either through title insurance from their purchase or through a title search. Sellers should disclose any known issues in the deed as exceptions to the warranty rather than warranting clear title when they know problems exist.
For most residential sales by owners who purchased with title insurance and have no knowledge of problems, providing a general warranty deed is standard and appropriate. The seller’s previous title insurance provides protection against warranty claims.
We understand that real estate transactions involve significant financial commitments and that proper documentation is crucial. Whether you’re buying property and want to ensure you receive proper protection, or selling property and need to understand your warranty obligations, professional legal guidance prevents problems.
At Strickland Law Firm, we prepare general warranty deeds with attention to detail and accuracy. We explain the warranties being provided, identify any issues that need to be addressed, and ensure your deed provides the protection you expect. With transparent flat-fee pricing, you’ll know the cost upfront.
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A general warranty deed in Texas includes six specific covenants (warranties) that the seller makes to the buyer about the quality and condition of the title being transferred. The covenant of seisin guarantees that the seller actually owns the property interest they’re selling. The covenant of right to convey promises that the seller has legal authority to transfer the property. The covenant against encumbrances warrants that the property is free from liens, mortgages, easements, or other claims except those specifically disclosed in the deed. The covenant of quiet enjoyment guarantees that the buyer’s ownership and possession won’t be disturbed by someone with a superior claim to the property. The covenant of warranty promises that the seller will defend the buyer’s title if anyone challenges it. The covenant of further assurances commits the seller to taking any additional actions necessary to perfect the buyer’s title, such as signing corrective deeds or providing additional documentation. These six covenants work together to provide comprehensive protection to the buyer, giving them legal recourse if any title problems emerge after closing—whether those problems arose before the seller owned the property, during their ownership, or even after they’ve sold it. The warranties run with the land, meaning future owners who purchase from the original buyer can also enforce them against the original seller.
Yes, sellers can include specific exceptions to the warranties in a general warranty deed, and this is actually common practice when known encumbrances exist that the buyer is accepting. The deed typically includes language like “subject to” or “except for” followed by a list of specific items that are not covered by the warranties. Common exceptions include existing easements for utilities or access, recorded deed restrictions or covenants, current year property taxes not yet due, and specific liens or mortgages that will remain on the property. By listing these exceptions explicitly, the seller makes clear that they’re warranting title except for these disclosed items. What sellers cannot do is include broad, vague exceptions that essentially eliminate the warranties entirely—if the exceptions are so extensive that they negate the warranties, courts may find the deed is not actually providing general warranty protection. Buyers should carefully review any exceptions listed in a general warranty deed to ensure they’re accepting only known, disclosed issues and not unknowingly accepting unlimited title defects. If a deed has extensive exceptions that make you uncomfortable, you might negotiate for the seller to resolve some issues before closing, obtain title insurance to protect against the excepted items, or reconsider the purchase if the title problems are too significant. Any exceptions to the warranties should be specifically identified and described, not general catch-all provisions.
Yes, you should still obtain a general warranty deed even when purchasing title insurance, as they provide different but complementary protections. Title insurance protects you financially if title defects emerge—the insurance company pays claims and defends lawsuits—but it only covers defects that existed before you purchased the property, and coverage is limited to the policy amount. A general warranty deed gives you legal recourse directly against the seller if title problems arise, regardless of when those problems originated or whether they exceed your insurance coverage. If a title defect emerges, you have two potential sources of recovery: your title insurance policy and the seller’s warranty obligations. Additionally, general warranty deeds cover some situations title insurance might not, and the seller’s warranty continues even if your title insurance lapses or is exhausted. From the seller’s perspective, providing a general warranty deed when the buyer is obtaining title insurance is usually safe because the title company’s pre-closing search identifies problems before closing, and the seller’s own title insurance from when they purchased typically protects them against warranty claims. The combination of a general warranty deed and title insurance provides the strongest possible protection for property buyers—you have the insurance company’s financial backing and professional defense of your title, plus the seller’s personal warranty and obligation to defend your ownership.
A seller’s liability under a general warranty deed in Texas continues for as long as the statute of limitations allows the buyer to bring a breach of warranty claim, which is typically four years from the date the buyer discovers or should have discovered the title defect. This means the seller’s liability doesn’t end when they sign the deed or when the transaction closes—it continues for years afterward, and in some cases could extend much longer if defects aren’t discovered immediately. If a buyer discovers a title defect within four years, they can sue the seller for breach of warranty even if the seller no longer owns the property, has moved out of state, or has sold the property multiple times since. The warranties in a general warranty deed “run with the land,” meaning future owners who purchase from the original buyer may also be able to enforce the warranties against the original seller if title problems emerge. This extended liability is one reason sellers should ensure they have clear title before providing a general warranty deed and why having title insurance from their own purchase is valuable—it protects them if their buyer later makes a warranty claim. The liability only applies to defects that existed at the time of the conveyance; the seller isn’t responsible for title problems that arise after they transfer the property. However, proving when a defect arose can be complex, which is why general warranty deeds involve significant potential liability for sellers.
What happens if a seller breaches the warranties in a general warranty deed?
For most residential property sales in Houston where you’ve owned the property for a reasonable time and have no knowledge of title problems, a general warranty deed is appropriate and expected by buyers. If you purchased your property with title insurance, you have protection against warranty claims from your buyer because your title insurance would cover defects that existed when you bought the property. Providing a general warranty deed gives your buyer confidence and maximum protection, which can help your property sell and potentially command a better price. However, you should use a Special Warranty Deed instead if you’re selling inherited property where you don’t know the full title history, you’re aware of potential title issues that you cannot resolve before closing, you’ve only recently acquired the property and don’t have complete knowledge of its history, or you’re selling in a representative capacity such as executor, trustee, or corporate officer where you cannot personally warrant the full title history. Some situations call for Quitclaim Deed instead, such as transfers to family members as gifts, adding or removing a spouse from title, or clearing potential clouds where no money is changing hands. The key question is whether you can confidently warrant that title is clear of defects for the entire property history, not just during your ownership. If you have any doubts about title quality or are selling property where you have limited knowledge of the history, using a special warranty deed or quitclaim deed protects you from liability while still transferring the property. We can review your specific situation and recommend the appropriate deed type that protects your interests while being fair to the buyer.
Whether you’re buying or selling property in Houston, a general warranty deed prepared by an experienced attorney ensures the transaction is properly documented and all parties are protected.
Call Strickland Law Firm today to discuss your general warranty deed needs and ensure your property transfer is handled correctly.
