Find legal forms, law schools, and legal resources
(Typical legal consultation: $79–$149)
A North Carolina warranty deed is a legal document used to transfer real estate ownership from a grantor (seller) to a grantee (buyer) with the highest level of protection. It includes a full guarantee that the grantor holds clear title to the property, has the right to sell it, and that the property is free of undisclosed liens, mortgages, or other encumbrances. If a title issue arises later, the grantor is legally liable to defend the title and compensate the grantee.
Warranty deeds are the standard instrument for formal real estate transactions. Common scenarios include:
A warranty deed provides the grantee with a legal guarantee of a clear title and holds the grantor liable for any undisclosed title issues. A quitclaim deed, however, offers no such warranties; it simply transfers whatever interest the grantor has at that moment. Warranty deeds are for standard sales, while quitclaim deeds are usually for transfers between trusted parties or family members.
Yes, a recorded warranty deed is the standard legal proof of ownership. It shows that the property was transferred to you with full guarantees of clear title.
Yes, it is highly recommended. While the warranty deed gives you the right to sue the grantor for title defects, title insurance ensures you have financial backing and legal defense without having to track down the grantor.
Deeds are recorded at the local County Register of Deeds for the county where the property is located.
It means the grantor promises to protect the grantee against any legal claims to the property that originated before the grantee took ownership, and to pay for the legal costs if such claims arise.
The transfer tax is $1.00 per $500 (excise tax). The responsibility for paying this tax is typically negotiated in the purchase agreement, though local custom often dictates whether the buyer or seller pays.
