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When money changes hands for property, the buyer deserves more than “you get whatever I happen to own.” A warranty deed is how Alabama law delivers that assurance — and the difference between a general and a special warranty deed matters more than most people realize.
In short: A warranty deed transfers property along with the grantor’s legally enforceable promises — called covenants — that the title is good. If a title defect surfaces later, the grantee can sue on those covenants. That backing is why warranty deeds are the standard instrument for real estate sales.
General vs. special: A general warranty deed warrants the title against defects arising at any point in the property’s history — even before the grantor owned it. A special (limited) warranty deed warrants only against defects that arose during the grantor’s own ownership.
The Alabama framework: Under Alabama Code §35-4-271, the words “grant, bargain, sell” in a deed carry implied statutory covenants unless limited. Execution follows Alabama Code §35-4-20 — written, signed, and properly acknowledged — with homestead property generally requiring the non-owner spouse’s signature, and recording in the county probate office.
Pricing: Warranty deed preparation is quoted at your free phone consultation — the scope depends on the transaction, and you will know the flat quote before you commit to anything.
What the Warranties Actually Promise
The covenants in a general warranty deed cover the questions a buyer cares about most: that the grantor actually owns the property and has the right to sell it, that there are no undisclosed liens or encumbrances against it, and that the grantor will defend the grantee’s title if someone later claims otherwise. These are not marketing language — they are contract promises a court will enforce, with damages available if they are broken.
Alabama adds a shortcut worth knowing about: a deed using the words “grant, bargain, sell” automatically carries statutory covenants — that the grantor owned the property, that it was free from encumbrances the grantor created, and quiet enjoyment — unless the deed expressly limits them. That is why the precise wording of an Alabama deed matters, and why a deed should never be assembled from generic language pulled off the internet.
By contrast, a quit claim deed makes no promises at all — the right choice for family transfers, but a poor substitute where a buyer is paying real money for real assurances.
A Warranty Deed Is Not a Title Search
The covenants in a warranty deed give you someone to sue if the title fails — they do not tell you whether it will. A grantor’s promise is only as good as the grantor’s solvency years down the road. That is why serious transactions pair a warranty deed with a title examination and, where a lender is involved, title insurance. The deed allocates risk; the search and the policy actually find and cover it.
A warranty deed also does not release anyone from an existing mortgage, and conveying property that secures a loan can trigger a due-on-sale clause. If your transfer is part of a broader plan — a sale, a family arrangement, or estate planning — the deed should be drafted with the whole picture in view, which is exactly what the consultation is for.
How We Prepare Your Warranty Deed
From first call to recorded deed, usually within days of receiving your property information.
Free Phone Consultation
We learn the transaction, advise whether a general warranty, special warranty, or different deed fits your side of it, and quote a flat fee for the work.
Title and Property Review
We work from your existing deed’s legal description, confirm how title is currently held, and flag anything — liens, homestead status, survivorship language — that affects the conveyance.
Drafting the Covenants
The deed is drafted with the warranty scope you intend — general or special — stated deliberately, so Alabama’s implied-covenant statute works for you rather than against you.
Signing and Notarization
The grantor — and spouse, when homestead law requires — executes the deed before a notary at any of our four offices.
Recording
We handle the Real Estate Sales Validation Form, deed tax, and recording in the probate office of the county where the property lies, and deliver the recorded original to you.
Warranty Deeds — Frequently Asked Questions
1.What does a warranty deed cost at The Harris Firm LLC?
Warranty deed preparation is quoted as a flat fee at your free phone consultation, because the right scope depends on the transaction — a straightforward family conveyance and a sale with lender requirements are different jobs. You will know the exact number before committing.
2.What is the difference between a general and a special warranty deed?
A general warranty deed warrants the title against defects from the property’s entire history, no matter when they arose. A special warranty deed warrants only against defects that arose while the grantor owned the property. Buyers prefer general; estates, trustees, and commercial sellers often convey by special.
3.Do I still need title insurance if I get a warranty deed?
For a purchase of any significance, yes. The deed’s covenants give you a claim against the grantor if title fails — but collecting depends on finding them solvent years later. Title insurance pays regardless. The deed and the policy do different jobs, and serious buyers use both.
4.What are the “grant, bargain, sell” covenants I keep hearing about?
Under Alabama Code §35-4-271, those three words in a deed automatically imply covenants that the grantor owned the property, that it was free of encumbrances the grantor created, and quiet enjoyment — unless the deed expressly limits them. It is a statutory shortcut that makes precise drafting essential, because casual wording can create warranties a grantor never intended to give.
5.Does my spouse have to sign the warranty deed?
If the property being conveyed is the family homestead, generally yes — Alabama law requires the non-owner spouse to join in the conveyance, and a homestead deed missing that signature can be invalid. We verify homestead status on every deed we prepare.
6.What happens if a warranty covenant turns out to be broken?
The grantee can sue the grantor for damages on the broken covenant — for example, if an undisclosed lien surfaces or a third party proves superior title. Some covenants are breached at delivery if untrue; others are breached only when the grantee’s possession is actually disturbed. It is exactly this enforceability that separates a warranty deed from a quit claim.
Get the Right Deed, With the Right Warranties
One free phone call determines which warranty deed fits your side of the transaction and what it will cost — flat, quoted up front. We also prepare quit claim and life estate deeds when those tools fit better.
Every Warranty Deed Includes
✓ Attorney advice on general vs. special warranty
✓ Covenant language drafted deliberately, not by accident
✓ Homestead and survivorship issues checked
✓ Notarized execution at any of our four offices
✓ Validation form, deed tax, and probate recording handled
✓ The recorded original delivered to you
Call the Office Nearest You
Birmingham — (205) 201-1789
Chelsea — (205) 677-5490
Huntsville — (256) 665-9473
Montgomery — (334) 782-9938
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