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South Carolina Warranty Deed

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Warranty Deed

This document prepared by (and after recording return to):

Name:

Firm/Company:

Address:

Address 2:

City, State, Zip:

Phone:

--------Above This Line Reserved For Official Use Only--------

WARRANTY DEED
(Individual to Individual)

KNOW ALL MEN BY THESE PRESENTS THAT:

FOR VALUABLE CONSIDERATION OF TEN DOLLARS ($10.00), and other good and valuable consideration, cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, an Individual, married unmarried, hereinafter referred to as “Grantor”, does hereby grant, bargain, sell, and release, and by these presents do grant, bargain, sell and release unto an Individual, married unmarried, hereinafter “Grantee”, the following lands and property, together with all improvements located thereon, lying in the County of State of South Carolina, to-wit:

Describe Property of State "SEE DESCRIPTION ATTACHED"

Prior instrument reference: Book Page Document No. of the Recorder of County, South Carolina.

LESS AND EXCEPT all oil, gas and minerals, on and under the above described property owned by Grantor, if any, which are reserved by Grantor.

SUBJECT to all easements, rights-of-way, protective covenants and mineral reservations of record, if any.

TO HAVE AND TO HOLD same unto Grantee, and unto Grantee's heirs and assigns forever, with all appurtenances thereunto belonging.

GRANTOR does for Grantor and Grantor's heirs, personal representatives, executors and assigns forever hereby covenant with GRANTEE that Grantor is lawfully seized in fee simple of said premises; that the premises are free from all encumbrances, unless otherwise noted above; that Grantor has a good right to sell and convey the same as aforesaid; and to forever warrant and defend the title to the said lands against all claims whatever.

And I/we do hereby bind myself/ourselves and my/our heirs, personal representatives, and administrators, to warrant and forever defend all and singular the said premises unto the said Grantee(s), his/her/their heirs and assigns against me/us and my/our heirs, and against every person whomsoever lawfully claiming, or to claim, the same or any part thereof.

- Warranty Deed - Page 1 -

WITNESS Grantor(s) hand(s) this the day of , 20

Signed, Sealed and Delivered
in the presence of:

Witness

Notary

Grantor

{Type Name}

STATE OF

COUNTY OF

The foregoing instrument was acknowledged before me this (date) by .

Notary Public

Print Name:

My commission expires:

Grantor(s) Name, Address, phone:

Grantee(s) Name, Address, phone:

SEND TAX STATEMENTS TO GRANTEE

- Warranty Deed - Page 2 -

STATE OF SOUTH CAROLINA

COUNTY OF

Date of Transfer of Title (Closing Date) 20

AFFIDAVIT

PERSONALLY appeared before me the undersigned, who being duly sworn, deposes and says:

  1. I have read the information on this Affidavit and I understand such information.
  2. The property is being transferred BY on TO
  3. Check one of the following: THE DEED IS

    (a) Subject to the deed recording fee as a transfer for consideration paid or to be paid in money or money's worth.

    (b) Subject to the deed recording fee as a transfer between a corporation, a partnership, or other entity and stockholder, partner, or owner of the entity or is a transfer to a trust or as distribution to a trust beneficiary.

    (c) Exempt, or partially exempt, from the recording fees because (exemption # )

    (Explanation, if required)

    4. (IF EXEMPT, PLESE SKIP ITEMS 4-6 AND GO TO ITEM 7 OF THIS AFFIDAVIT)

  4. Check one of the following if either item 3(a) or item 3(b) above has been checked.

    (a) The fee is computed on the consideration paid or to be paid in money or money's worth in the amount of $

    (b) The fee is computed on the fair market value of the realty which is $

    (c) The fee is computed on the fair market value of the realty as established for property tax purposes, which is $

  5. Check YES or NO to the following: A lien or encumbrance existed on the land, tenement, or realty before the transfer and remained on the land, tenement, or realty after the transfer. If “YES”, the amount of the outstanding balance of this lien or encumbrance is $
  6. The DEED Recording Fee is computed as follows:

    (a) The amount listed in item 4 above

    (b) The amount listed in item 5 (no amount place zero)

    (c) Subtract Line 6(b) and place the result.

  7. As required by Code Section 12-24-70, I state that I am a responsible person who was connected with the transaction as:

- Warranty Deed - Page 3 -

8. I understand that a person required to furnish this Affidavit who willfully furnished a false or fraudulent affidavit is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.

Sworn to before me this

day of , 20

Grantor, Grantee or Legal Representative

(Connected with this transaction)

(Print or Type Name Here)

Notary Public for

My commission expires

- Warranty Deed - Page 4 -

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What the South Carolina Warranty Deed Is and When it Applies

A South Carolina Warranty Deed is a legal instrument used to transfer real property in South Carolina while the grantor guarantees clear title to the grantee through express covenants. It names the grantor and grantee, recites consideration, contains the full legal description of the property, and sets out warranty covenants against title defects. In South Carolina the deed must be signed by the grantor, acknowledged before a notary public, and ordinarily executed with the witness requirements required by state law. Recording the deed in the county register of deeds provides constructive notice to third parties and establishes priority against later claims.

Why a Warranty Deed Matters for Property Transfers

A warranty deed shifts title risk by obligating the grantor to defend the grantee against prior claims, helps satisfy lender title requirements, and establishes a clear public record when recorded with the county register of deeds.

Why a Warranty Deed Matters for Property Transfers

Who Typically Prepares and Uses a Warranty Deed in South Carolina

Real estate attorneys, title companies, lenders, buyers, and sellers commonly prepare or execute warranty deeds during property transactions in South Carolina.

  • Buyers and lenders — seek full covenants to secure title and satisfy financing conditions.
  • Sellers/Grantors — convey property and warrant against defects, often subject to payoff and closing conditions.
  • Title companies and attorneys — prepare legal descriptions, verify chain of title, and coordinate recording.

Essential Parts of a Professional South Carolina Warranty Deed

A complete deed combines clear party identification, formal consideration language, an accurate legal description, explicit warranty covenants, proper execution, and a recording statement to create marketable title.

Grantor / Grantee

Full legal names of parties, including business entity form where applicable, as they appear on government or corporate records to avoid identity mismatches and title defects.

Consideration

A statement of consideration (dollar amount or recital of value) that supports the conveyance and may affect tax reporting and transfer tax calculations.

Legal Description

Complete metes-and-bounds or recorded plat reference precisely identifying the parcel; an inaccurate description can render the deed ineffective for some purposes.

Warranty Covenants

Express covenants (seisin, right to convey, defense against claims) that create the grantor's post-closing obligations to the grantee and underpin title insurance underwriting.

Signature / Acknowledgement

Grantor signature with notary acknowledgement and any required witness attestation per South Carolina law to validate recording acceptance.

Recording Clause

Language stating the intent to record and referencing the county register of deeds; recording provides constructive notice and protects priority interests.

Step-by-Step: Completing a South Carolina Warranty Deed

Follow this sequence to prepare, execute, and record a valid warranty deed in South Carolina.

  • 01
    Prepare Draft: Draft deed with correct legal description and covenants.
  • 02
    Review Title: Obtain title search and resolve exceptions before closing.
  • 03
    Execute and Notarize: Grantor signs before a notary with required witnesses present.
  • 04
    Record Deed: File with county register of deeds for constructive notice.

Configuring an Online Workflow for a Warranty Deed

Typical digital workflows require document templates, signer roles, authentication, and a recording step to complete the process.

Field Configuration
Document Type Warranty Deed template per county
Signer Roles Grantor, witnesses, notary, optional closing agent
Authentication Notary identity proofing and witness verification
Recording Export PDF compatible with county recording system

How the Document Moves from Draft to Recorded Paperwork

A clear routing sequence reduces delays: prepare, obtain signatures, notarize, and then record at the county level.

  • Draft and Review: Draft deed and confirm legal description and title status.
  • Sign and Acknowledge: Grantor signs; notary acknowledges; witnesses attest as required.
  • Deliver for Recording: Submit executed deed to the county register of deeds.
  • Confirm Recording: Obtain recorded instrument number and return copies to parties.

Technical Requirements for eSigning and Submitting a Deed

Ensure the platform supports required file formats, secure signer authentication, and integrates with your document storage or title systems.

  • File formats: PDF, DOCX accepted by most county systems.
  • Integrations: Salesforce, Microsoft 365, NetSuite, Google Workspace, Box, Egnyte supported by major platforms.
  • Authentication: Notary-level identity proofing and audit trail required.

Choose a solution that provides tamper-evident PDFs, an auditable signing certificate, and integration options for title companies and closing agents to avoid manual rework.

Timing Considerations and Recording Expectations

Recording timing and lender conditions affect priority and funding; act promptly after execution to protect interests.

Signing Date:

Date the grantor signs the deed (MM/DD/YYYY).

Acknowledgement Date:

Notary acknowledgment date, often same as signing date.

Record Promptly:

Record as soon as practicable to preserve priority.

Lender Requirements:

Lenders may require recording before funding; follow lender instructions.

Tax Stamps / Transfer:

State or county transfer taxes or stamps may be due at recording.

Key Milestones from Contract to Recorded Deed

A sequential milestone view clarifies responsibilities at each stage of a closing and recording process.

01

Contract Execution

Purchase agreement executed and deposit received.

02

Title Clearance

Title search completed and exceptions cleared.

03

Closing and Signing

Parties sign deed with notary and witnesses present.

04

Recording Completed

Deed recorded and recorded instrument returned to parties.

Security and Compliance for Electronic Deed Workflows

Encryption: TLS 1.2/1.3 in transit
Data at Rest: AES-256 standard
Certifications: SOC 2 Type II
Legal Compliance: ESIGN and UETA compliant
Healthcare: HIPAA available with BAA
Audit Trail: Detailed signing certificate

Common Pitfalls to Avoid When Preparing a Warranty Deed

  • Using a street address instead of the recorded legal description often produces recording errors and title exceptions if not corrected before closing.
  • Failing to include required witnesses or an acknowledgement can cause the county register to reject the deed or require corrective actions.
  • Mismatched party names between deed and title records may trigger lender holds, require affidavit correction, or delay funding and recording.
  • Neglecting to record promptly can result in loss of priority to intervening liens or subsequent bona fide purchasers.

Consequences of an Incorrect or Improperly Executed Deed

Unrecorded Risk: Loss of priority
Title Defect: Claims and litigation
Tax Exposure: Transfer tax penalties
Recording Rejection: County rejection delays
Fraud Liability: Civil damages
Lender Issues: Funding or foreclosure risk

Practical Tips for Accurate and Efficient Completion

Adopt consistent checks at drafting, signing, and recording stages to minimize errors and accelerate closings.

Confirm Names
Verify grantor and grantee names against ID or formation documents to avoid post-closing corrections.
Use Recorded Descriptions
Copy the legal description from the last recorded instrument or plat to prevent ambiguities.
Coordinate Notary and Witnesses
Schedule notary and witnesses together to ensure proper execution and acknowledgement.
Obtain Recorded Copies
Order a recorded copy from the register of deeds and distribute to lender, title insurer, and parties.

Real-World Examples of Electronic Deed Workflows

Real customers illustrate how digital workflows reduce friction while meeting compliance and recording needs.

Martin Properties

A small property manager used digital signing to complete closings remotely

  • Tim Martin, Founder, Martin Properties
  • "I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently."

Optica Ventures

A leasing and sales firm standardized deed templates and electronic routing

  • Brian Fitzgibbons, COO
  • "The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers."

Comparing eSignature Pricing Models for Deed Workflows

Price and feature differences affect cost per transaction and suitability for high-volume deed recording workflows.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day trial No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions About South Carolina Warranty Deeds

Answers to common execution, notarization, recording, and electronic signature questions for South Carolina warranty deeds.


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