Can this agreement be signed electronically?

Yes. Electronic signatures are generally valid under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted. Confirm state-specific recording offices accept electronically signed instruments and check for any statutory exceptions.

Is notarization required?

Most states require a notary acknowledgement for deeds and related instruments; witness requirements vary. Check the recorder's rules for the county and state where the property is located.

What happens if a legal description is wrong?

An incorrect legal description can lead to recording rejection or cloud title; corrective deeds or affidavits are often necessary and may require additional fees and legal counsel.

Do lenders need a recorded warranty?

Lenders typically require clear title and may demand recorded instruments or title insurance endorsements before funding; consult the lender's closing conditions.

Can a warranty be limited?

Yes. Parties may limit warranty scope by stating specific exceptions or temporal limits, but limitations should be clearly drafted and reviewed by counsel to ensure enforceability.

How do remote notarization rules affect recording?

Remote online notarization (RON) is accepted in many states with specific identity proofing and audio-video retention requirements; verify recorder acceptance and retention obligations locally.

Electronic Signature
Templates
Real estate
Real Estate Warranty Agreement

Real Estate Warranty Agreement

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REAL ESTATE WARRANTY AGREEMENT

This Real Estate Warranty Agreement (the Agreement) is made and entered into as of Effective Date: by and between Grantor Name: and Grantee Name: .

Parties

Grantor (Warrantor) — Full legal name and contact Grantor Address Grantee (Recipient) — Full legal name and contact Grantee Address

Property Identification

Property Street Address Parcel / APN Number Legal Description

Consideration & Transaction Terms

Consideration (Purchase Price or Other Consideration): $ . Earnest Money / Deposit (if any): $ . Intended Closing Date: . Possession Date: .

Warranties and Covenants

Grantor expressly warrants to Grantee that, except for matters expressly disclosed in this Agreement or in recorded instruments of public record, Grantor has good and marketable title to the Property and shall defend the Property against lawful claims of all persons. Grantor further warrants the following (select applicable warranties):

Warranty of Title (grant of marketable title)
Warranty against undisclosed liens and encumbrances
Warranty of Condition (no material defects known to Grantor)
Warranty of Compliance with Laws (zoning, building codes)
Warranty of Habitability (if dwelling)

Exceptions, Reservations, and Permitted Encumbrances

Warranty Duration; Discovery

The warranties set forth in this Agreement shall remain in effect for a period of months from the Possession Date, unless otherwise agreed in writing. If latent defects are discovered during the warranty period, Grantee shall provide written notice to Grantor as specified in the Notice provision and Grantor shall have the opportunity to cure as provided below.

Disclosures

Lead-Based Paint Known: Yes No
Mold or Water Intrusion Known: Yes No
Prior Structural or Fire Damage Known: Yes No
Environmental Hazards (underground tanks, contamination) Known: Yes No
Recorded Liens or Encumbrances Disclosed: Yes No

If any disclosure checked "Yes", describe circumstances

Inspection; Notice; Cure

Grantee shall have a period of days after delivery of possession to inspect the Property for warranty matters. All notices required under this Agreement shall be in writing and delivered to: Grantor Notice Address: ; Grantee Notice Address: .

Remedies; Limitations; Indemnity

In the event of a breach of the warranties herein, Grantor's obligation shall be limited, at Grantor's election, to either: (a) repairing or correcting the warranted defect within a commercially reasonable time after receipt of written notice and opportunity to cure; or (b) reimbursing Grantee for reasonable costs to remedy the defect not to exceed the lesser of actual repair cost or the Consideration amount. Neither party shall be liable for consequential, incidental, or punitive damages except for damages arising from intentional fraud or willful misconduct. The prevailing party in any action to enforce this Agreement shall be entitled to recover reasonable attorneys' fees and costs.

Grantor shall indemnify, defend and hold harmless Grantee from and against any claims, losses, liabilities or expenses arising from undisclosed liens, title defects, or Grantor's intentional misrepresentations of fact in this Agreement, subject to the limitations set forth above.

Default; Remedies

A defaulting party shall be given written notice and thirty (30) days to cure the default where cure is commercially reasonable. If the default remains uncured, the non-defaulting party may pursue specific performance, damages, or any other remedy available at law or in equity. Any remedy exercised shall be cumulative and not exclusive.

Governing Law; Entire Agreement

This Agreement shall be governed by and construed in accordance with the laws of the State of . This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations and agreements, whether written or oral. Any modification must be in writing and signed by both parties.

Miscellaneous Provisions

If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall continue in full force and effect. Time is of the essence with respect to all dates and deadlines set forth herein.

Additional Terms (if any)

The parties certify that they have the authority to enter into this Agreement and that the information provided herein is true and correct to the best of their knowledge.

Grantor (Print Name):

By (Signature):

Date:

Title / Capacity:

Grantee (Print Name):

By (Signature):

Date:

Title / Capacity:

What a Real Estate Warranty Agreement Is

A Real Estate Warranty Agreement is a written contract in which a seller or grantor guarantees certain aspects of property title, condition, or performance to a buyer or grantee. Typically used in property transfers and some lease-to-own arrangements, the agreement sets out covenants, exceptions, and remedies if title defects or specified breaches arise. The document usually identifies the parties, describes the property by legal description, states the warranty language, and specifies recording or notice requirements. Where electronically signed, the agreement is generally enforceable under federal and state e-signature law, subject to exceptions.

Why the Real Estate Warranty Agreement Matters

A clear warranty agreement allocates risk between buyer and seller, defines remedies for title or condition defects, and supports smooth recording and title insurance processes. It reduces post-closing disputes and helps clarify responsibilities for repairs, encumbrances, and third-party claims.

Who typically prepares and relies on this agreement

The agreement supports closing, recording, and insurance steps; parties often involve counsel or title agents to confirm local requirements and ensure enforceability.

Sellers and grantors: use the agreement to define the extent of any warranties and limit post-closing liability where appropriate.
Buyers and grantees: rely on the warranties to secure title protection and to determine whether title insurance or indemnity is required.
Title and escrow professionals: verify recording requirements, confirm exception language, and advise on insurability and lender conditions.

Core components to include in a professional agreement

A complete Real Estate Warranty Agreement organizes essential elements so rights and obligations are clear for recording, title insurance, and future disputes.

Parties

Identify grantor and grantee by full legal name, type of entity, and contact information; specify capacity (e.g., trustee, individual).

Property

Provide full legal description, street address, parcel or lot number, and county of record to avoid ambiguity during title search and recording.

Warranty Covenants

List the specific covenants (e.g., covenant of seisin, covenant against encumbrances) and the scope of promises the grantor makes to the grantee.

Exceptions

Declare known exceptions such as recorded easements, liens, leases, and zoning restrictions that are excluded from the warranty.

Remedies

Describe buyer remedies for breach, including indemnity, corrective deed, monetary damages, or right to cure within stated timeframes.

Recording Instructions

State whether the document must be recorded, the county recording office, and who is responsible for recording fees and delivery to title company.

Key information every form must capture

Grantor Name: Full legal name

Grantee Name: Full legal name

Property Description: Lot, block, county

Consideration: Amount in dollars

Effective Date: MM/DD/YYYY

Recording County: County and state

Step-by-step: completing a Real Estate Warranty Agreement

Follow these core steps to prepare, sign, and record a warranty agreement with minimal risk and administrative delays.

01

Gather documents: Obtain current deed and title report
02

Draft agreement: Include covenants, exceptions, and remedies
03

Review with counsel: Confirm local recording and escrow requirements
04

Sign and record: Execute, notarize if required, then submit to recorder

How to set up an online completion workflow

Configure a digital workflow to collect signatures, preserve audit trails, and route for recording or title review.

Document upload	PDF or DOCX with fillable fields
Add fields	Place signature, date, and text fields
Signer order	Define sequential or parallel routing
Authentication	Choose email, SMS, or stronger ID verification
Audit storage	Enable immutable audit trail retention

Where to send or file the completed agreement

Determine routing based on transaction type: recording, title escrow, lender review, and party distribution are typical destinations.

County Recorder: Submit for official recording and indexing
Title Company: Deliver to update title file and issue policy
Lender / Servicer: Provide copies if mortgage conditions exist
Parties: Supply fully executed copies to grantor and grantee

Digital signing and technical considerations

Verify the chosen platform supports notarization workflows and provides exportable certificates of completion for recording and title audit purposes.

File formats: PDF and DOCX supported
Integrations: Connect to Google Drive, Box, or Procore
Security: TLS in transit; AES-256 at rest

Timelines and common deadlines

Timely recording and tax-related deadlines vary; follow lender, title, and county instructions to avoid penalties or loss of priority.

Recording:

Record as soon as practicable to preserve priority

Tax reporting:

Provide closing statements to title for 1099 reporting where required

Title cure:

Cure defects before or at closing per title commitment

Document retention:

Retain copies according to regulatory timelines

Notary timing:

Schedule notarization close to signing date

Common mistakes to avoid

Using an incomplete legal description that does not match county records, leading to rejection or rework at the recorder's office.
Failing to list known exceptions or encumbrances, which can produce coverage gaps with title insurers and post-closing disputes.
Mismatched party names or incorrect signer capacity (individual vs corporate officer) that require corrective deeds or affidavits.
Skipping notarization or witness steps where state law or local practice requires them, creating delays in recording or title acceptance.

Penalties, liabilities, and practical risks

Recording rejection: Delay and additional fees

Title insurance gap: Possible uncovered loss

Corrective deeds: Legal costs to remedy errors

Fraud exposure: Potential rescission or damages

Lien priority loss: Subordination risk if unrecorded

Contractual breach: Damages or indemnity obligations

Typical signatory roles and responsibilities

Title Agent

A title agent or closer reviews the agreement for recording language, confirms exception lists against the title commitment, and often coordinates posting to escrow and delivery of recorded documents to parties.

Real Estate Attorney

A real estate attorney prepares or reviews warranty language, advises on state-specific execution or witness rules, and handles corrective instruments if recording errors occur.

Frequently asked questions and practical answers

Answers to common execution, recording, and enforceability questions for Real Estate Warranty Agreements.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures are generally valid under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted. Confirm state-specific recording offices accept electronically signed instruments and check for any statutory exceptions.
Is notarization required?
Most states require a notary acknowledgement for deeds and related instruments; witness requirements vary. Check the recorder's rules for the county and state where the property is located.
What happens if a legal description is wrong?
An incorrect legal description can lead to recording rejection or cloud title; corrective deeds or affidavits are often necessary and may require additional fees and legal counsel.
Do lenders need a recorded warranty?
Lenders typically require clear title and may demand recorded instruments or title insurance endorsements before funding; consult the lender's closing conditions.
Can a warranty be limited?
Yes. Parties may limit warranty scope by stating specific exceptions or temporal limits, but limitations should be clearly drafted and reviewed by counsel to ensure enforceability.
How do remote notarization rules affect recording?
Remote online notarization (RON) is accepted in many states with specific identity proofing and audio-video retention requirements; verify recorder acceptance and retention obligations locally.

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