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A West Virginia warranty deed provides the highest level of protection to a buyer. It legally guarantees that the grantor holds clear title to the property, has the right to sell it, and that the property is free of undisclosed liens or encumbrances. The grantor promises to defend the grantee against any future claims to the title.
Warranty deeds are the standard instrument for traditional real estate sales. Common uses in West Virginia include:
A warranty deed provides the grantee with a legal guarantee regarding the title and holds the grantor liable for 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 guarantees of title.
Yes, it is highly recommended. While the 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 Clerk for the jurisdiction where the property is located.
The transfer tax is a state transfer tax of $1.10 per $500 plus a county transfer 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.
While possible, it is not recommended for standard sales, especially in states with strict closing rules. Title companies or attorneys usually prepare these deeds to ensure accuracy and title insurance eligibility.
