Book a Free Consultation
What is General Warranty?
The legal Covenants of a general warranty deed
The General Warranty Deed is the most comprehensive warranty for any deed that removes liability from future property owners for past issues with the property they are buying. The General Warranty ensures that the title is clear and marketable and devoid of defects not otherwise stipulated. The General Warranty even protects the future owner from issues with the property prior to the current owner taking possession. It’s singularly the best Warranty Deed you can get in the State of Ohio.
In a conveyance of real estate, or any interest therein, the words "general warranty covenants" have the full force, meaning, and effect of the following words: "The grantor covenants with the grantee, his heirs, assigns, and successors, that he is lawfully seized in fee simple of the granted premises; that they are free from all encumbrances; that he has good right to sell and convey the same, and that he does warrant and will defend the same to the grantee and his heirs, assigns, and successors, forever, against the lawful claims and demands of all persons."
Covenant of Seisin
The Covenant of Seisin in a General Warranty is where the grantor for the property promises that they are the legal owner of a property and that they have the legal right to sell the property.
for the buyer
The buyer receives the greatest assurance that they can purchase the property without concern of future liability for defects or issues not disclosed during the sale transaction.
for the seller
The seller must provide proof of ownership, typically a title free and clear of encumbrances, to prove they own the property and have the legal capacity to sell it.
Covenant Against Encumbrances
The Covenant Against Encumbrances asserts that the property has no liens, no claims, no unpaid taxes, no assessments, or encumbrances of any kind unless they are clearly expressed in the deed.
for the buyer
The Buyer no longer needs to be concerned with “surprise” claims before, during, or after the sale of the property and can purchase the property without fear of future claims.
for the seller
The seller must disclose all encumbrances. If any arise in the course of the transaction or post-transaction, the seller may face legal and financial penalties for the failure to disclose.
Covenant of Quiet Enjoyment
The Covenant of Quiet Enjoyment has the seller assert that there will be no disturbances or claims from third parties including claims of assertion of property rights before, during or after the transaction.
for the buyer
The Buyer has guarantees that they can access the property free and clear of interference or prohibition from any third party portending a claim to the property.
for the seller
The seller agrees to protect the buyer from any future claims against the property related to their previous ownership of the property. If a claim emerges and is successful, the seller may have financial liability for damages to the buyer.
Covenant of Further Assurance
The Covenant of Further Assurance asserts the Seller has an obligation to cure any claims, encumbrances, or defects related to the property and not disclosed after the transaction is complete.
for the buyer
The Buyer receives full support from the Seller to correct, clarify, or remedy any defects that arise in the future related to the title from the period of their ownership that was not disclosed prior to closing.
for the seller
The seller retains the obligation to provide documentation to refute future claims, encumbrances or disturbances even after the transaction closes.
Warranty Forever
The General Warranty has a forever Warranty that the seller will defend the title against all claims and compensate the buyer for any losses due to title defects.
for the buyer
The Buyer is indemnified from claims to ensure their ownership is secure and clear. In Ohio, there is a statute of limitations that the claim must be filed within 4 years from the date of the issue arising.
for the seller
The Seller assumes an indefinite liability for title issues including title issues that predate their ownership of the property, including covering legal fees, settlements or even property loss.
General Warranty Deed Summary
| Legal Component | Definition | Buyer’s Benefit | Seller’s Obligation |
| Covenant of Seisin | Guarantees that the grantor owns the property and has the legal right to sell. | Assures the buyer that the seller has clear ownership and authority to transfer the property. | Must provide proof of ownership. Seller could be held liable if ownership is successfully challenged. |
| Covenant Against Encumbrances | Ensures the property is free of liens, unpaid taxes, or other undisclosed encumbrances. | Protects the buyer from inheriting financial obligations or usage restrictions. | Must disclose all known encumbrances. Failure to do so may result in legal penalties and financial liability. |
| Covenant of Quiet Enjoyment | Promises the buyer will not face disturbances or ownership claims from third parties. | Guarantees uninterrupted use and enjoyment of the property. | Must defend the buyer against any future claims on the property. |
| Covenant of Further Assurance | Requires the seller to perform additional actions to correct title defects after sale. | Provides ongoing support to resolve title issues, ensuring a clear title. | Seller may need to take legal or administrative steps to address title defects post-sale. |
| Warranty Forever | Seller guarantees to defend the title and compensate for any future losses. | Offers long-term security that ownership is protected against claims, even predating the seller’s ownership. | Seller assumes indefinite liability for title issues, including legal fees or settlements for valid claims. |
Frequently Asked Questions
What Makes a General Warranty Deed unique in Ohio Real Estate?
A General Warranty Deed gives the buyer full confidence to acquire a property and the seller with a long term liability if they have failed to disclose encumbrances, claims or defects during the deed transfer process.
Is the General Warranty Deed common in Ohio Real Estate?
The General Warranty Deed tends to appear in high-value property transactions and from buyers who seek maximum protection when buying a property.
Can a General Warranty Deed be Challenged?
A General Warranty deed can be challenged in court. The grantor will be called to defend the deed and cover any legal expenses associated with the claims.
Is a General Warranty Deed Required in Ohio?
No. A General Warranty Deed is not required in the State of Ohio. It is often used unless a property is undergoing substantial renovation or has been recently purchased and flipped where a General Warranty Deed might be harder to get.
Is the General Warranty Deed really forever in Ohio?
Yes. The General Warranty Deed is an on-going liability for the seller for undisclosed claims, encumbrances, and issues with a property.
The General Warranty Deed is the most common deed type in the State of Ohio. It requires a seller to perform due diligence on the property being sold and disclose anomalies, potential third-party claims to the title, and any liens or other claims against the property at the time of sale. The Seller may be asked to cure those issues before a sale moves forward. The purpose of the General Warranty Deed is to protect the buyer as much as possible when purchase real estate property in Ohio.
You might also enjoy
What is a General Warranty Deed in Ohio Real Estate Law
The General Warranty Deed provides the highest level of protection for buyers in Ohio real estate transactions. The grantor guarantees that they hold a clear title free of encumbrances and promises to defend the title against future claims, even those predating their ownership.
What is a Special Warranty Deed in Ohio Real Estate Law
A Special Warranty Deed limits the grantor’s guarantees to issues arising only during their period of ownership. It protects the grantee against claims from the grantor’s time but not before.
What is a Fiduciary Deed in Ohio Real Estate Law
A Fiduciary Deed is a type of deed used when a property is transferred by a fiduciary, such as an executor, trustee, guardian, or conservator, who is acting on behalf of another party. In Ohio, fiduciaries use this deed to sell or transfer property without making personal warranties about the title.
What is a Quitclaim Deed in Ohio Real Estate Law
A quitclaim deed is a legal document used to transfer any ownership interest the grantor (person transferring the property) may have in a property to a grantee (person receiving the property). Unlike other types of deeds, a quitclaim deed provides no warranties or guarantees about the property’s title. It only conveys the grantor’s current interest, if any, and does not promise that the grantor actually owns the property or that the title is clear of liens or encumbrances.
6 Types of Deeds In Ohio for Transferring Real Estate
A Deed is a legal document created for the conveyance of title to real estate in Ohio. Understanding the different types of deeds available can empower buyers, sellers, and real estate professionals to navigate transactions with confidence.
Keep In Touch
LEGAL DISCLAIMER:
The information contained on this website is presented for informational and marketing purposes only and is not to be understood as legal advice. You should consult an attorney for advice respecting your individual needs. The Law Office of Matthew A. Schwartz looks forward to speaking with you about your particular needs. Please note, however, that the mere act of contacting our firm does not create an attorney-client relationship. As a result, you should never send any confidential information to our office until a Representation Agreement has been signed by both you and The Law Office of Matthew A. Schwartz.
