What Is a Warranty Deed in Florida?

A warranty deed in Florida is a document that transfers ownership of real property and guarantees the title is good, with the seller legally promising to defend the buyer against claims from any point in the property’s history. It offers the buyer more protection than any other Florida deed, which is why it is standard in residential sales.

Florida law even provides a short statutory form in section 689.02, Florida Statutes. A warranty deed is not the same as title insurance, though, and that difference matters.

What Does a Warranty Deed Guarantee?

A warranty deed carries five promises, called covenants of title. The statutory short form condenses them into a single sentence stating that the grantor fully warrants the title and will defend it against the lawful claims of all persons, and section 689.03 then treats the deed as including all the common law covenants as if each were spelled out.

Those five covenants are:

• Seisin. The seller actually owns the property being conveyed.
• Right to convey. The seller has legal authority to sell it.
• Against encumbrances. There are no undisclosed liens, mortgages, or easements.
• Quiet enjoyment. No one with a superior claim will disturb your ownership.
• Warranty. The seller will defend your title against lawful claims and make you whole if a covered defect surfaces.

The reach is what makes this deed powerful. These promises cover the entire history of the property, not just the years the seller owned it. If an owner three decades ago created a title defect, the seller who gave you a warranty deed is on the hook for it.

Warranty Deed vs. Special Warranty Deed vs. Quitclaim Deed

Florida uses several deed types, and they differ mainly in how much the seller promises.

A quitclaim deed is the one people most often misunderstand. It transfers whatever the signer owns, which could be full ownership or nothing whatsoever, and makes no promises either way. It is fine between spouses or relatives who know the history. It is a poor choice when buying from a stranger.

What Makes a Florida Warranty Deed Valid?

Florida has specific execution requirements, and a missed step can create a recording problem or a title defect. A deed conveying Florida real property generally must:

• Be in writing and identify the grantor and grantee
• Contain an accurate legal description of the property, not just a street address
• Be signed by the grantor in the presence of two subscribing witnesses, as required by section 689.01, Florida Statutes
• Be notarized, which is required to record the deed
• Be delivered to and accepted by the grantee
• Be recorded in the official records of the county where the property sits

There is one requirement that trips up do-it-yourself deeds. Since January 1, 2024, an amendment to section 695.26, Florida Statutes requires that each witness’s name and post office address be legibly printed, typewritten, or stamped on the instrument. Clerks reject deeds that leave the witness addresses off. The change was aimed at curbing property fraud, and it applies to instruments notarized on or after that date.

Recording is not what makes the deed valid between the parties, but it is what gives the world notice that you own the property. Skip it and you invite trouble.

Does a Warranty Deed Replace Title Insurance?

No, and this is the most important thing for a buyer to understand.

A warranty deed gives you the right to sue the seller if the title turns out to be defective. That right is only worth as much as the seller’s ability to pay. If the seller has moved out of state, spent the proceeds, died, or was an entity that has since dissolved, your covenants may be legally sound and practically worthless. A warranty deed also cannot convey what the seller never owned in the first place.

That is why buyers should:

• Order a title search before closing to surface liens, judgments, and claims
• Buy an owner’s title insurance policy, which pays to defend or resolve covered title problems instead of leaving you to chase the seller
• Review the legal description carefully, since errors here cause disputes years later

The deed and the policy work together. One gives you a promise; the other gives you a funded remedy.

What Does It Cost to Record a Warranty Deed in Florida?

Two costs show up at closing:

• Documentary stamp tax on the deed. Under section 201.02, Florida Statutes, the rate is $0.70 per $100 of the purchase price in every county except Miami-Dade, which uses $0.60 per $100 plus a surtax on certain property types. On a $400,000 home outside Miami-Dade, that is $2,800. The Florida Department of Revenue publishes the current rates and examples.
• Recording fees charged by the county clerk, based on the number of pages.

Under the standard Florida residential contract, the seller customarily pays the documentary stamp tax on the deed, but that is negotiable, so read your contract before assuming.

Frequently Asked Questions

Who prepares the warranty deed?

Usually a real estate attorney or title company. Florida requires the preparer’s name and address on the document.

Can I write my own warranty deed?

You can, but errors in the legal description, witnessing, or witness addresses can void the transfer or block recording. Most people have a professional prepare it.

Does a warranty deed remove an existing mortgage?

No. The mortgage stays with the property unless it is paid off at closing. Transferring title does not erase the lien.

Is a warranty deed used to add a spouse to a title?

It can be, though families often use a quitclaim deed for that. Either way, check with an attorney first, since adding an owner has homestead and tax consequences.

How soon should I record the deed?

Right away at closing. Recording protects your ownership against later claims and competing transfers.

Talk to a Central Florida Real Estate Attorney

A warranty deed is the strongest deed a Florida buyer can receive, but only when it is drafted, executed, and recorded correctly, and only when it is paired with a proper title search and an owner’s policy. The real estate attorneys at Vollrath Law prepare deeds, run title work, and handle closings throughout Seminole County. Contact our office to have your transfer done right.

This article is for general information only and is not legal advice. Deed requirements and costs vary by county and by the specific facts of your transaction.