What is a Real Estate Deed Without a Warranty in Texas?

A real estate deed without a warranty, commonly known as a “deed without warranty,” is a legal document used in Texas to transfer ownership of property from one party to another. Unlike general deeds or special warranty deeds, this type of deed offers no guarantees about the title’s condition. In other words, the grantor (seller) does not promise that they have clear ownership or that there are no encumbrances such as liens or claims against the property.

Where Are Deeds Without a Warranty Used?

Deeds without warranty are often used in specific situations where the seller cannot, or does not want to, make assurances about the property’s history. Common scenarios include transferring property between family members, resolving estate matters, or conveying foreclosed properties. Because these deeds provide minimal protection for buyers, it’s important for purchasers to conduct thorough due diligence and possibly obtain title insurance before completing such transactions.

In summary, while a real estate deed without a warranty can be an efficient way to transfer property in Texas, both buyers and sellers should fully understand its limitations and potential risks before proceeding.

Talk to an experienced Texas real estate attorney about any real estate purchase or sale to learn whether a deed without warranty is appropriate in your situation.

If you need legal assistance with Texas business law or real estate law, contact the highly rated and experienced Texas business law and real estate attorney, Mark Winton in El Paso.