In the state of Florida, when a person (seller) transfers a property to another person (buyer), a warranty form is filled by the seller for the legal transfer of ownership. The Florida general warranty deed form is a legal piece of paper providing information regarding the property and the parties making the transaction.
The person who transfers the property is called ‘Grantor’, and the one who receives the ownership is called ‘Grantee’. The Grantor sells the property to the Grantee and issues him this deed so that legal proof of ownership transfer is made.
What Is a General Warranty Deed in Florida?
A general warranty deed is a form that is used by the Grantor to offer the title of any sort of property, against all claims, to the Grantee in the state of Florida. This document is most commonly used in the residential areas and real estate of Florida.
Not only for a successful legal transaction, but the deed form is also issued for providing a guarantee to the buyer that the property is ‘clean’ of all claims, taxes, and other discrepancies. Thus, this document also ensures broad warranties and covenants of title.
The general warranty deed form must be signed by a notary public along with two or three witnesses so that all claims are cleared, and a legal record might be established. Thus, this warranty deed can also act as support evidence in court for claiming the title to the property. If there has been some problem with the title to the property before, the buyer can sue the Grantor for breach of warranty.
Why Use a General Warranty Deed In Florida?
As stated earlier, the general warranty deed is a vital document used in the state of Florida for transacting any title to the property from the Grantor to the Grantee. The document states the legal information of the seller, buyer, property ownership, the market price of the property, and previous claims (if any).
This legal document also acts as proof that the buyer is the new owner of the property and has the legal authority to transfer the property in the future if he/she wants. Thus, it provides the Grantee with the highest levels of protection regarding property title.
This whole process is essential for the commonwealth in the state of Florida to avoid any legal issues and future crises (if any). Generally, there is no specific department where properties can be transferred to the other person, so a general template is used which serves as a legal document (containing the statement provided in Florida statute: section 689.02), and is accepted in all over the state as evidence of title transfer.
Important Laws & Requirements for Florida General Warranty Deed:
Before transacting any property in Florida, it is necessary to go through and know all the legal requirements and statutes for transfer.
Important laws include the following:
- Any property whose title has to be transferred must be written and signed by the Grantor (or his/her legal advisor) and two witnesses (689.01).
- A legal document for a warranty deed is provided in section 689.02 of the Florida Statutes.
- The seller offers a covenant of full warranty to the title of the land being conveyed to the buyer and will defend it against the lawful claims of all persons (689.02).
- For recording purposes, the process of documentation must be acknowledged by the party executing it, signed by a subscribing witness, or authenticated by a civil-law notary or notary public in the manner provided by the state law (695.03).
- A warranty deed will not be good and effectual in law or equity against creditors for a valuable consideration unless it is recorded according to the law (695.01).
The requirements for the ‘Florida warranty deed’ are:
- The property must be free from all previous claims for the owner to precede the process of title transfer.
- A notary public (civil-law officer registered with the law administration of Florida) along with two witnesses must be present at the time of deal and transfer of ownership.
- The Grantor must state and give a guarantee to the Grantee that he’ll protect the title of land against claims of all persons.
- The form must be filled and signed by a notary public and attested by at least two witnesses when the transfer is being executed.
The state of Florida provides statutes and defines laws for the legal transfer of ownership of any property within its perimeters. The warranty deeds are specifically assigned and executed by the legal authorities to ensure the proper and successful transaction of a property that is free of all previous claims.
It acts as a proof that now the Grantor has nothing to do with the property and the ownership belongs to the Grantee now. Thus, this form protects both sides from future disputes and illegal claims as it provides a legal assurance of title to the new owner.
CocoSign provides legal document templates of Florida warranty deed, precisely as described in the Florida statute. We also give free online access to our visitors to customise a variety of warranty forms and save it for later use. Now you can download and print the documents in any export quality and font design. And all of the templates are for free!
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