General Warranty Deed

The Covenants in a General Warranty Deed

• Seisin: the seller owns the property and has the right to convey it.
• Right to convey: nothing prevents the transfer.
• Against encumbrances: no undisclosed encumbrances such as liens or easements.
• Quiet enjoyment: the buyer won't be disturbed by someone with better title.
• Warranty forever: the seller will defend the title against lawful claims.
• Further assurances: the seller will sign what's needed to fix title defects.

How It Compares

• Special warranty deed: the seller warrants title only against problems that arose during its own ownership. Common in commercial deals and REO sales.
• Quitclaim deed: transfers whatever interest the seller has, with no promises at all.

In practice, buyers rely mainly on title insurance, because a warranty is only as good as the seller's ability to pay if a claim arises.

Florida Practice

Florida deed forms and requirements are set out in Chapter 689, Florida Statutes. Florida also charges documentary stamp tax on deeds. In commercial sales, a special warranty deed is often negotiated; banks selling REO rarely give a general warranty.

A Hypothetical Sarasota Example

An individual owner sells a small retail building in Sarasota using a general warranty deed. In this example, two years later, an old unreleased mortgage from a prior owner appears. The buyer's title insurer handles the claim, and because the seller gave a general warranty, the insurer can pursue the seller as well. Hypothetical scenario.

From the Desk

The deed tells you what the seller promises. The title policy tells you who actually pays if that promise breaks. In my deals, I want both lined up before closing.

Estimate Closing Costs

Include doc stamps and title in your numbers.

What is a general warranty deed?

A deed in which the seller guarantees title against all lawful claims, including those from before its ownership.

How is it different from a special warranty deed?

A special warranty covers only problems arising during the seller's ownership.

Do I still need title insurance?

Yes. Title insurance is the main protection; a warranty depends on the seller's ability to pay.

Do banks give general warranty deeds on REO?

Rarely. Banks usually give special warranty deeds or similar limited deeds.

What Florida law governs deeds?

Chapter 689, Florida Statutes, covers conveyances of land.

Article Summary

A general warranty deed gives the buyer the strongest title guarantee from the seller. In Florida commercial deals, special warranty deeds are common, and title insurance is the main protection either way.

Key Takeaways

• ✓It's the strongest deed warranty.
• ✓It covers claims from before the seller owned it.
• ✓Special warranty covers only the seller's ownership.
• ✓REO sellers rarely give general warranties.
• ✓Title insurance is still essential.

About Michael R. Linton

Michael R. Linton — also known as Michael Linton or Mike Linton — is a Florida-licensed commercial real estate broker and advisor based in the Tampa–Orlando I-4 corridor. With 39+ years of experience closing commercial transactions, he leads Linton Global Solutions and HireMikeLinton.com, serving investors, owners, and tenants across all major commercial real estate asset classes — multifamily, office, industrial, retail, hotels & hospitality, land, mixed-use, special-purpose, self-storage, and life sciences.

Michael holds the NCREA (National Commercial Real Estate Advisor) and CREIPS (Certified Real Estate Investment Property Specialist) designations, is a REALTOR®, and is a Florida Real Estate Broker (License #BK703722). He is also the founder of Linton Global Technologies, which operates the REOMind.ai AI-powered REO disposition platform serving a network of banks.

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Works Cited

1. Florida Legislature. "Chapter 689, Florida Statutes: Conveyances of Land and Declarations of Trust." Online Sunshine, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0689/0689.html. Accessed Oct 1, 2026.
2. Florida Department of Business and Professional Regulation. "License Verification: Michael R. Linton, Florida Broker BK703722." MyFloridaLicense.com, https://www.myfloridalicense.com/wl11.asp. Accessed Oct 1, 2026.

Disclosure & Compliance

Disclosure: This article discusses proprietary technology developed by Linton Global Technologies. Michael R. Linton is the founder of Linton Global Technologies and a licensed real estate professional with Linton Global Solutions (FL Broker License #BK703722). This content is for informational purposes only and does not constitute investment, legal, or financial advice.

Compliance Statement: All CREDDS and REOMind.ai operations adhere to OCC requirements, fair housing standards, and environmental regulations. Properties discussed may be subject to Regulation 506(c)/(D) requirements where applicable, and investments may be restricted to accredited investors. Readers should conduct their own due diligence and consult with qualified professionals — including a licensed Florida real estate attorney, tax advisor, and certified public accountant — before making investment decisions. Past performance does not guarantee future results.