Sellers can prepare their own warranty deeds for free.Property deeds are legal documents that transfer ownership of real estate from a grantor (seller) to a grantee (buyer). An experienced attorney will charge between $250 and $600 for the preparation of the warranty deed in most cases. The preparation cost is charged by the attorney preparing the deed. The amount of the fee is based on the amount of the mortgage of the property or the sale price. The recording cost is the same regardless of who prepares the warranty deed. There are two parts to the cost of a warranty deed in Florida: the recording costs and the preparation cost.Ī recording fee is charged by the county where the deed is recorded. Many attorneys in Florida will use more modern language when drafting a warranty deed. The language used in the statutory warranty deed form is archaic. “This indenture, made this _ day of _ A.D. , between _, of the County of _ in the State of _, party of the first part, and _, of the County of _, in the State of _, party of the second part, witnesseth: That the said party of the first part, for and in consideration of the sum of _ dollars, to her or him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said party of the second part, her or his heirs and assigns forever, the following described land, to wit: _Īnd the said party of the first part does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever.” Section 689.02 of the Florida statutes provides sample language to use in a warranty deed. Original signature of the grantor (note: the grantee does not need to sign the deed).The name and address of the new owner (also called the grantee).The name and address of the current owner (also called the grantor).The name and address of the individual who prepared the deed.

The statute says states the deed must include: The requirements for a warranty deed in Florida are listed in section 695.26 of Florida law. Then the title company will cause the warranty deed to be recorded. In most real estate sales, a closing agent or title company will supply a form warranty deed for the seller to sign. The buyer who discovers a title property likely will make a claim against the insurer rather than asserting a claim against the seller for breach of title warranties. The title insurance in a sense substitutes for the warranties provided by the warranty deed. Then, if the buyer discovers that there is a title issue, the buyer makes an insurance claim with the title insurance provider to reimburse them for the financial loss. The title insurance will conduct a title search and ensure that the seller has good and valid title to the property. In almost all buyer-seller transactions involving warranty deeds in Florida both the buyer and the seller will purchase title insurance. Therefore, a seller is not generally willing to execute a warranty deed unless compensated monetarily by the buyer through a purchase and sale transaction. A warranty deed places substantial risk on the property seller. Covenant of general warranty (seller warrants that the seller will protect buyer from any harm caused by title defects)Ī warranty deed is the most common type of deed used between a buyer and seller of Florida real estate.Covenant of quiet enjoyment (seller warrants that the buyer will not be affected by a defect in title).Covenant against encumbrances (seller warrants that there are no undisclosed restrictions or encumbrances against the property, such as liens, judgments, or other limitations).Covenant of the right to convey (seller warrants that they have the legal right to convey the property).Covenant of seisin (seller warrants that they are the sole owner of the property).When Are Warranty Deeds Used in Florida?Ī warranty deed includes five covenants, or warranties of title:.

Covenant of seisin example