Can this document be signed electronically?

Yes. Electronic signatures are legally valid under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA (adopted by most states) if the parties demonstrate intent, consent, attribution, and record retention capability.

Is a notary acknowledgement required?

Typically yes for deeds and conveyance warranties; nearly all states require notary acknowledgement for recording. Confirm the county recorder and state notary rules before execution to ensure acceptability.

How is the warranty recorded?

Record the executed and acknowledged document at the county recorder where the property is located; recording preserves priority and provides public notice to subsequent purchasers and lienholders.

What if the legal description is incorrect?

An incorrect description can cloud title and invalidate recording. Corrective deeds or affidavits prepared by counsel are standard remedies; timely correction prevents disputes with subsequent buyers or lenders.

Are e-signed warranties admissible in court?

Yes. ESIGN and UETA provide that properly executed electronic records and signatures are generally admissible; ensure the audit trail and retention meet legal standards for attribution and integrity.

How long should I keep signed copies?

Retain originals and electronic copies for at least the life of ownership plus seven years for real estate matters; follow IRC §6501 for tax records and industry-specific rules like HIPAA where applicable.

Real Estate Warranty

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

REAL ESTATE WARRANTY DEED

This Real Estate Warranty Deed is made effective as of between Grantor Name: and Grantee Name: .

RECITALS & CONSIDERATION

Grantor Address Grantee Address Consideration

PROPERTY IDENTIFICATION

Street Address Parcel / APN Number Legal Description

GRANTING CLAUSE

For good and valuable consideration paid by the Grantee and other good consideration, the receipt and sufficiency of which Grantor hereby acknowledges, Grantor hereby grants, bargains, sells, conveys and warrants to Grantee, and Grantee's heirs and assigns forever, all of Grantor's right, title, and interest in and to the real property described above, together with all improvements, rights, privileges, and appurtenances thereto belonging (the "Property"), subject only to the matters set forth as exceptions or reservations herein.

HABENDUM

TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereunto in anywise belonging, unto Grantee and Grantee's heirs and assigns forever, subject to the exceptions and reservations stated in this Deed.

WARRANTIES AND COVENANTS

Grantor warrants that Grantor is lawfully seized of the estate hereby conveyed in fee simple and has good right to convey the same; Grantor covenants that the Property is free from all encumbrances except as expressly stated in this Deed; Grantor warrants quiet enjoyment and will defend the title against lawful claims and demands of all persons claiming by, through, or under Grantor, subject to the exceptions and reservations contained herein.

Covenant of Seisin: Grantor covenants that Grantor owns the estate described and has the right to convey the same.

Covenant Against Encumbrances: Grantor covenants that, except as expressly reserved or excepted herein, the Property is free of encumbrances imposed by Grantor.

Covenant of Quiet Enjoyment: Grantor covenants that Grantee shall peaceably and quietly enjoy the Property without interference by a superior claim to title.

Covenant of Further Assurances: Grantor agrees to execute and deliver such further instruments and to take such further action as may be reasonably necessary to perfect the title conveyed hereby.

EXCEPTIONS AND RESERVATIONS

Exceptions / Reservations

DISCLOSURES

Lead-Based Paint: The Property Yes No for known lead-based paint hazards as of the date of this Deed.

Flood Zone: The Property Yes No is located in a designated flood zone to Grantor's knowledge.

Prior Structural Damage or Repair: The Property has Yes No known prior structural damage or material repair.

ENCUMBRANCES

The conveyance is subject to the following encumbrances, liens and interests of record (check all that apply):

Mortgage(s) of record Easements and rights-of-way Judgment or mechanic's liens

Other Encumbrances (describe)

CLOSING AND POSSESSION

Closing Date: . Possession: Possession shall be delivered to Grantee on or as otherwise agreed in writing.

REMEDIES, INDEMNITY & SURVIVAL

Grantor agrees to indemnify and defend Grantee against any lawful claims of title arising prior to the execution and delivery of this Deed, subject to the exceptions expressly set forth herein. All covenants and warranties contained herein shall survive delivery and recording of this Deed for the period required by applicable law.

GOVERNING LAW; ENTIRE AGREEMENT

This Deed shall be governed by and construed in accordance with the laws of the state in which the Property is located. This instrument contains the entire agreement between the parties with respect to the conveyance of the Property and supersedes all prior negotiations and agreements, whether written or oral.

EXECUTION

Grantor declares under penalty of perjury that the statements contained in this Deed are true and correct and that Grantor has executed this Deed as Grantor's free and voluntary act for the purposes herein expressed.

Grantor (Print Name):

By:

Date:

Grantee (Print Name):

By:

Date:

What a Real Estate Warranty Is and when it's used

A Real Estate Warranty is a written guarantee used in property conveyances or new-construction transactions that assures a buyer or grantee against certain defects in title or property condition. Depending on context it can mean a warranty deed (grantor promises clear title) or a builder's warranty (contractual promises about construction quality). The document identifies parties, describes the property precisely, states the scope and duration of protections, and specifies remedies for breaches. Proper execution, notarization, and timely recording affect priority, enforceability, and mortgage/lender acceptance.

Why the Real Estate Warranty matters to buyers, sellers, and lenders

A clear warranty narrows post-closing disputes, supports title insurance underwriting and lender requirements, and allocates risk between parties. It documents agreed remedies, clarifies exceptions, and creates a record that can be recorded in public land records to protect the grantee's interests.

Which parties typically complete and rely on a Real Estate Warranty

Several professionals and parties interact with the Real Estate Warranty at different stages of a transaction, from drafting to recording.

Real estate agents — prepare transaction paperwork, coordinate seller and buyer signatures, and confirm delivery for closing.
Title companies and attorneys — examine title, recommend warranty language, resolve exceptions, and handle recording and escrow instructions.
Builders and developers — issue builder warranties covering workmanship and materials for a defined period after closing.

Who signs and reviews the warranty varies by role: sellers/grantors provide warranties, buyers/grantees accept them, and lenders or insurers may require specific language or endorsements.

Core elements to include in a professional Real Estate Warranty

A complete Real Estate Warranty combines identity, property description, explicit promises, exceptions, remedies, and execution details; each element protects one or more parties and affects recording and title insurance outcomes.

Parties

Full legal names and entity types for grantor and grantee. Using the exact legal entity name ensures enforceability and avoids identity disputes when recording or issuing title insurance.

Property Description

Precise street address plus the full legal description or parcel ID from the deed or survey; an imprecise description can result in rejected recording or ambiguous title coverage.

Warranty Covenants

Clear, itemized promises (e.g., covenant of seisin, right to convey, covenant against encumbrances) and any time limits; specific covenants determine the legal remedies available after transfer.

Exceptions and Reservations

List recorded easements, rights-of-way, liens, municipal assessments, and known defects. Explicit exceptions limit grantor liability and guide title insurer endorsements.

Remedies and Limitations

Describe buyer remedies (repair, indemnity, damages, or rescission), any caps on liability, and survival periods; contractually limiting remedies affects insurability and lender acceptance.

Execution Details

Signature blocks, notary acknowledgment, witness lines where required, and recommended recording instructions. Correct execution preserves priority in public records.

Essential data elements required on the form

Document Type: Warranty deed or builder warranty

Effective Date: MM/DD/YYYY format

Grantor/Grantor ID: Legal name and entity type

Grantee/Grantee ID: Legal name and mailing address

Property Description: Full legal description

Signatory Info: Printed name, title, contact

Step-by-step: how to complete the Real Estate Warranty

Follow a consistent sequence to avoid recording delays and title problems; verify names, descriptions, notary rules, and recording county before finalizing.

01

1. Gather records: Collect prior deed, survey, title report, and mortgage payoff info.
02

2. Complete fields: Enter exact legal names, parcel description, consideration, and effective date.
03

3. Execute properly: Obtain required signatures, witness lines, and notary acknowledgement per state rules.
04

4. Record promptly: Submit to county recorder with required fees and cover sheet to preserve priority.

How to set up an online workflow for the warranty

Configure fields and routing to match the transaction order, notarization needs, and recording workflow before sending for signatures.

Field	Configuration
Upload Document	Use PDF/A or PDF/X for best compatibility
Add Signature Fields	Place signature, date, and initial fields for each signer
Authentication	Enable email and SMS code verification or stronger KBA
Notarization Workflow	Enable RON mode or attach notary line for in-person acknowledgement

Technical requirements for eSigning and eRecording

Choose a platform that supports required file formats, authentication, and notarization options that meet your state's rules.

File Formats: PDF, Word DOCX accepted
Integrations: Connectors for title systems and cloud storage
Auth Options: Email, SMS code, or KBA

Verify the vendor supports remote online notarization where allowed, preserves an audit trail, and can export recorded-ready PDFs for county recorder submission or electronic recording vendors.

Timing considerations: recording, lender conditions, and statutory limits

Certain timing steps affect priority and enforceability; coordinate with title, lender, and the recorder to meet requirements.

Recording Priority:

Record as soon as practicable after closing to protect against intervening liens or conveyances.

Lender Conditions:

Lenders often require a recorded deed and lien release before funding — verify lender checklist deadlines.

Tax Reporting:

Provide documents needed for transfer tax and reporting within local deadlines to avoid penalties.

Statute of Limitations:

Claims under warranty covenants are governed by state limitation periods; know local deadlines for filing claims.

Notary/RON Timing:

If using remote notarization, schedule the audio‑video session within the recorder's acceptable timeframe for recording.

Common mistakes to avoid when preparing the Real Estate Warranty

Using an informal or abbreviated legal description that does not match prior recorded instruments, causing recorder rejection or ambiguous title.
Mismatched party names between the warranty, buyer/seller IDs, and title company documents leading to delays and possible re-execution.
Failing to obtain required notarization or witness attestations per state law, which can void recording or create priority issues.
Neglecting to list known exceptions or recorded easements, which can trigger coverage disputes with title insurers and post-closing claims.

Legal and practical risks from incorrect or incomplete warranties

Clouded Title: Creates defects that complicate resale or financing

Loss of Priority: Delay in recording can allow intervening liens

Tax Exposure: Incorrect consideration may trigger local transfer tax audits

Contract Breach: Buyer claims for damages or rescission

Mortgage Default: Failure to clear encumbrances may breach lender covenants

Fraud Allegations: Misstatements can lead to civil or criminal scrutiny

Comparison: signNow and other eSignature vendors for Real Estate Warranty workflows

Platform selection affects notarization, bulk send, and compliance capabilities; signNow appears first as the reference column per comparison format rules.

	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	7-day free trial, no credit card	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 executing and validating a Real Estate Warranty

Answers address common legal and practical issues: eSign validity, notarization, recording, defective descriptions, retention, and dispute risks.

Need help? Contact support

Can this document be signed electronically?
Yes. Electronic signatures are legally valid under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA (adopted by most states) if the parties demonstrate intent, consent, attribution, and record retention capability.
Is a notary acknowledgement required?
Typically yes for deeds and conveyance warranties; nearly all states require notary acknowledgement for recording. Confirm the county recorder and state notary rules before execution to ensure acceptability.
How is the warranty recorded?
Record the executed and acknowledged document at the county recorder where the property is located; recording preserves priority and provides public notice to subsequent purchasers and lienholders.
What if the legal description is incorrect?
An incorrect description can cloud title and invalidate recording. Corrective deeds or affidavits prepared by counsel are standard remedies; timely correction prevents disputes with subsequent buyers or lenders.
Are e-signed warranties admissible in court?
Yes. ESIGN and UETA provide that properly executed electronic records and signatures are generally admissible; ensure the audit trail and retention meet legal standards for attribution and integrity.
How long should I keep signed copies?
Retain originals and electronic copies for at least the life of ownership plus seven years for real estate matters; follow IRC §6501 for tax records and industry-specific rules like HIPAA where applicable.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now