Non Warranty Deed Template for the United States

A Non Warranty Deed allows you to transfer real property ownership without making any guarantees about the quality or validity of the title. Unlike warranty deeds, this document explicitly excludes the grantor's obligation to defend against future title claims or compensate the grantee for title defects. You'll typically encounter this type of deed in situations where the grantor has limited knowledge of the property's title history or cannot provide title warranties.

When do you need this document?

You'll need a Non Warranty Deed when transferring property without title guarantees. Estate executors frequently use these deeds when distributing inherited property, as they may lack complete knowledge of the property's title history. Foreclosure sales, tax sales, and sheriff's sales commonly employ non warranty deeds since the selling entity cannot warrant clear title. You might also use this deed type when gifting property between family members, during divorce proceedings, or when adding or removing someone from a property title where warranty protection isn't necessary or desired.

Key legal considerations

The granting clause must clearly specify the non-warranty nature of the transfer to avoid unintended warranty obligations. Your property description must be legally adequate, typically requiring a complete metes and bounds description or reference to recorded plats. Consider that while you're not providing title warranties, you must still have legal authority to transfer the property and own the interest being conveyed. The deed should include proper consideration language, even if the transfer is a gift. Remember that title insurance becomes particularly important for grantees receiving non warranty deeds, as they lack recourse against the grantor for title defects. Existing liens, encumbrances, or title clouds will typically transfer with the property unless specifically excepted.

Legal requirements in United States

Under the Statute of Frauds, your non warranty deed must be in writing and signed by the grantor to be legally valid. Each state maintains specific recording requirements, including notarization standards, witness requirements, and formatting specifications for county recording. You must include an adequate legal description that complies with state property description standards, often requiring survey information or reference to recorded documents. State and local transfer taxes may apply, requiring appropriate tax stamps or declarations. Recording requirements vary by jurisdiction but typically mandate notary acknowledgment and compliance with local recording statutes. Some states require additional disclosures or specific language for non warranty transfers. Ensure your deed meets your state's specific execution requirements, as improper execution can invalidate the transfer or create recording difficulties.