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Warranty deed

A type of deed where a grantor guarantees that the grantor holds clear title to a parcel of real estate and has a right to sell it to the grantee.

Definition from Nolo’s Plain-English Law Dictionary

A kind of real estate deed that contains express assurances about the legal validity of the title being transferred to the new owner. (See also: grant deed, quitclaim deed)

Definition provided by Nolo’s Plain-English Law Dictionary.

August 19, 2010, 5:26 pm

 

"The plaintiffs . . . allege that the defendant, the United States, acting through the Department of Housing and Urban Development (HUD), committed a breach of contract and a breach of warranty . . . due to the absence of a serviceable well on the property purchased by the plaintiffs from the defendant."

"Plaintiffs . . . contend that the defendant provided a warranty through the Deed that the premises were conveyed with all appurtenances, which they allege included water from the well located on the premises, and that the existence of the warranty was material to the bargain."

"The interpretation of a deed, as an undisputed written instrument, is to be determined as a matter of law by the court.  [Contrary to the plaintiffs' argument,] [a] general warranty deed only warrants good title, it does not warrant the condition of the property."

Knieper v. United States, 38 Fed. Cl. 128, 130, 138 (Fed. Cl. 1997) (citation omitted).