The warranty deed Texas form is used for real estate transactions in the state of Texas when the seller can provide clear proof of ownership. The general warranty deed transfers a property from the grantor to the grantee without any doubts on the correctness of the transaction.
It’s only used when the seller can prove beyond any doubt that there are no liens or title defects connected to the piece of real estate they are selling. It’s the exact opposite of the quitclaim deed form. In this case, the grantee knows that they are buying a property with a clean and clear history.
What Is a Texas General Warranty Deed?
A Texas general warranty deed is a document that transfers the proprietorship of a real estate piece from the seller to the buyer and clearly mentions that the buyer offers the absolute guarantee that they hold the legal title and have the right to sell.
Not only that, but the warranty goes back and covers the entire history of the property. In this case, the buyer has positively no reason to worry about future misunderstandings or trials concerning their ownership.
How Does a Texas General Warranty Deed Work?
The general warranty of this form means there is nothing in the history of the property that can affect the grantee’s ownership at any point in the future; the paper trail of the real estate piece is clean, and there are no uncertainties.
Before the Texas warranty deed form is issued, the parties have to sign a purchase and sale agreement, which means they have decided on the price and other relevant terms of the transaction. Once all those aspects are set, the next step is to close the deal and pay the amount in exchange for the property. That’s when the warranty deed Texas is created.
The Texas warranty deed must be signed in the presence of two witnesses, and then a notary public has to verify the document and affix their state seal. Once the transaction is made and the document is signed and notarized, it must be taken to the County Clerk’s Office for registration. That’s when the filing fee needs to be paid.
What Are the Differences between General and Special Warranty Deed?
The difference between these two types of warranty deed is in the period covered by the warranty. The Texas general warranty deed covers the entire history of the property, so the buyer has absolute certainty that they will have no unpleasant surprises once the document is signed.
With the special warranty deed, on the other hand, the seller only offers a warranty for the period when they owned the real estate piece. If the title had any previous defects before they physically took possession of the property, they declare they aren’t responsible for it and cannot issue any guarantee to that extent.
Commercial property transactions in Texas usually use a special warranty deed. As for the rest of the purchases, especially the ones concerning residential property, people generally choose warranty deeds Texas forms, to have complete certainty.
What Information Is Included in the Texas General Warranty Deed Form?
The warranty deed Texas form is a beneficial and comprising document that offers a complete guarantee to the new owner of the property. Since it also needs to be notarized, it should be created with a lot of attention to details. You can start from a Texas general warranty deed form pdf, and make sure the following pieces of information are included:
- In the heading of the document, you must clearly state who is preparing the document and who will receive it once it’s registered (it usually goes to the grantee); mention their name, address, state, and zip code
- Pay extra attention to the return address because that’s where the County Clerk will send the document after registration
- The County in Texas where the property is located
- The price
- The identifying information of both the seller and the buyer: name and address, including county, city, and state
- The legal description of the property
- The names, addresses, and signatures of all the parties involved, including the two witnesses
- The notary public will fill the final part of the document
When buying a real estate property in Texas, the best document to use is the warranty deed Texas form. It transfers ownership to the grantee, and at the same time, offers an unlimited warranty on the title, going back the entire history of the property. It needs to be accurately written and notarized in the end.
That’s why if you need to issue a Texas warranty deed, the best to do it is using the template created by CocoSign. You will also find many other extremely useful templates for any other document you may need to write.
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