District of Columbia Warranty Deed

PublicLegal-authored self-help deed form. Provided for customers to complete with their own transaction information and submit to the proper local recording office. Recorder offices and state agencies may require separate supplemental forms, taxes, fees, or cover sheets, and requirements vary by jurisdiction and transaction. Review the product notes and confirm local recording requirements before relying on any completed deed.

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What Is a District of Columbia Warranty Deed?

An District of Columbia warranty deed is a legal instrument that transfers real estate ownership while providing the highest level of protection to the buyer. The seller (grantor) legally guarantees that they hold clear title, have the right to convey it, and that the property is free of undisclosed liens. If a title defect from the property's history is discovered later, the buyer can hold the seller liable.

When to Use a Warranty Deed in District of Columbia

  • Purchasing residential or commercial property from an unrelated seller in a traditional sale.
  • Satisfying the requirements of a title insurance company to issue a title policy.
  • Meeting a mortgage lender's requirements for maximum title protection before loan approval.

District of Columbia Requirements for Warranty Deeds

  • Signing: The grantor(s) must sign the deed.
  • Notarization: The grantor's signature must be acknowledged by a notary public.
  • Witnesses: 0 witnesses are required by District of Columbia law.
  • Recording: The deed must be filed with the Recorder of Deeds in the county or jurisdiction where the land is located.
  • Transfer Tax / Recording Fees: 1.1-2.9% (deed recording tax). Affidavit of consideration required.
  • Legal Description: A complete and accurate legal description of the property is mandatory.

Warranty Deed vs Other Deeds in District of Columbia

An District of Columbia warranty deed holds the seller financially responsible for any past title defects, providing the buyer with maximum protection. In contrast, a quitclaim deed offers zero protection, as the seller only transfers their current interest without any guarantees.

Frequently Asked Questions

What is the difference between a warranty deed and a quitclaim deed in D.C.?

In D.C., a warranty deed provides full title guarantees — the seller promises the title is clean and agrees to defend the buyer against any future claims. A quitclaim deed transfers only whatever interest the seller currently holds, with no guarantees. For arms-length property sales in D.C., warranty deeds are standard, and most lenders will not accept a quitclaim deed for financed purchases.

Does D.C. have a mansion tax on warranty deeds?

D.C. applies tiered recording taxes. For properties valued over $2 million, the rate is 1.45%, and for properties over $5 million, it rises to 2.9%. These higher rates function similarly to a "mansion tax" and apply to all deed types, including warranty deeds, based on the property's consideration or fair market value.

Where do I record a District of Columbia warranty deed?

You must take the original, notarized deed to the Recorder of Deeds in the jurisdiction where the property is physically located and pay the required recording fee.

Does a warranty deed transfer my mortgage in District of Columbia?

No, a deed only transfers the property title. It does not eliminate your financial obligation to pay an existing mortgage. You remain responsible for the loan unless the lender explicitly agrees to a refinance or assumption.

Are there transfer taxes on a District of Columbia warranty deed?

1.1-2.9% (deed recording tax). Additional local recording fees also apply when filing the deed.

Can I write my own warranty deed in District of Columbia?

Yes, you can draft your own deed as long as it strictly adheres to District of Columbia's legal requirements for formatting, legal description, and notarization.