What is a Florida Warranty Deed?

The Warranty Deed is used for most transactions involving an arms length buyer and seller, i.e. when the counter-parties are strangers. With a Warranty Deed, the grantor, or seller, is giving the grantee, or buyer, a guarantee of warranty that the grantor does have legal title to the property.

This sounds pretty good, so why do you need title insurance then? Well, besides being required by lenders, the ability to sue the grantor for breach of the warranty won’t do you much good if the grantor has died, is bankrupt, or simply doesn’t have any financial resources worth pursuing.

Keep in mind that the warranty deed will specify any known encumbrances on the property, such easements, property taxes owed, a prior mortgage or even subdivision deed restrictions.

As you’ll see in the sample Florida warranty deed we’ve included below, the grantor “fully warrants the title to said land and will defend the same against the lawful claims of all persons … that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2020.”

This is a pretty strong statement, and provides an extra sense of security to the buyer that the transaction is legitimate and that there wasn’t some hidden defect to the title that the title search did not find.

If you’re buying a condo in Miami, a house in Fort Lauderdale or a home anywhere else in Florida, you’ll typically see this type of deed sent to you by the closing attorney on closing day.

Warranty Deed

This Warranty Deed made this 15 day of May, 2021 between Ann Windsor whose post office address is 135 Collins Avenue, Apartment 12, Miami Beach, FL 33155, grantor, and John Ryan whose post office address is 5678 Collins Avenue, Apartment 24, Miami Beach, Florida 33145, grantee:

(Whenever used herein the terms “grantor” and “grantee” include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees)

Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee’s heirs and assigns forever, the following described land, situate, lying and being in Miami-Dade County, Florida to-wit:

Unit No. 1464, of Elixir South Beach, a Condominium, according to The Declaration of Condominium recorded in Official Records Book 21565, Page 3456, and all exhibits and amendments thereof, Public Records of Miami-Dade County, Florida.

Parcel Identification Number: 22-4575-987-3345

SUBJECT TO:

1) Taxes for the year 2021 and subsequent years and all applicable zoning ordinances and governmental regulations.

2) Conditions, restrictions, limitations, and easements of record, if any, but without the intention of reimposing the same.

3) All of the terms, conditions and provisions of the Declaration of Condominium above described, all exhibits attached thereto and all amendments thereto.

Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.

To Have and to Hold, the same in fee simple forever.

And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2020.

In Witness Whereof, grantor has hereunto set grantor’s hand and seal the day and year first above written.

Signed, sealed and delivered in our presence:

Seller Signature: ____
Seller Name: ____

Witness Signature: ____
Witness Name: ____

Witness Signature: ____
Witness Name: ____

State of Florida
County of Miami-Dade

The foregoing instrument was acknowledged before me by means of __ physical presence or __ online notarization, this 15 day of May, 2021 by Ann Windsor, who __ is personally known or __ has produced a driver’s license as identification.

Notary Public: ____
Printed Name: ____
My Commission Expires: ____

Disclosure: Hauseit® and its affiliates do not provide tax, legal, financial or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, tax, legal, financial or accounting advice. No representation, guarantee or warranty of any kind is made regarding the completeness or accuracy of information provided.

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