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Warranty Deed Florida

Warranty Deed Florida

Warranty Deed Florida: What It Is, When You Need One, and What It Costs

Most people who call our Fort Myers office about a warranty deed fall into one of two situations. Either they’re selling a property and the buyer’s title company is requiring one, or they’ve been doing research on deed types and want to make sure they’re using the right document for their transaction. Both are good reasons to call.

A warranty deed is the standard deed type for arm’s-length real estate sales in Florida. If a buyer doesn’t know you personally, doesn’t trust that your title is clear, or is borrowing money from a lender to buy your property — they’re going to need a warranty deed. This page explains exactly what that means, when a warranty deed is the right call versus a quit claim deed, and how our process works.

Why Choose Us

Lee County Document Preparation, Inc. is a non-attorney document preparation service. We prepare warranty deeds and other real estate documents — we do not provide legal advice or representation. If you have questions about title disputes, complex ownership history, or a commercial transaction, consult a licensed Florida real estate attorney.

What Is a Warranty Deed in Florida?

A warranty deed transfers real property from a grantor to a grantee with a legal guarantee that the title is clear. The grantor is promising, in writing and on the record, that the property is free of undisclosed liens, encumbrances, and prior claims — and that they have the full legal right to transfer it.

Under a general warranty deed — the most common type used in Florida residential sales — this guarantee extends back through all prior owners. It’s not just the current seller saying “I didn’t create any problems.” They’re saying the entire title history is clean. If a defect surfaces years later from a prior owner’s period, the grantor under a general warranty deed is still legally on the hook to make it right.

That’s a strong commitment. It’s also why buyers and their lenders require it for arm’s-length sales.

Florida Statute §689.02 governs deed requirements in Florida. A valid warranty deed must be in writing, identify the grantor and grantee by full legal name, include the complete legal description of the property — not just the street address — and be signed by the grantor in the presence of two witnesses and a notary public before it can be recorded with the county clerk.

Pro Tip: There is also a “special warranty deed” in Florida, which only guarantees the title against defects that arose during the current grantor’s period of ownership. You occasionally see these in commercial transactions, bank-owned properties, or short sales. For standard residential sales, you almost always want a general warranty deed, which provides full protection back through all prior owners.

When You Need a Warranty Deed in Florida

The clearest signal is the relationship between the parties. If you’re dealing with someone you don’t already know and trust — an arm’s-length buyer — a warranty deed is expected. If you’re dealing with a family member or someone you have a prior relationship with and clear title is already established, a quit claim deed is typically appropriate.

The other clear signal is whether a lender is involved. Mortgage lenders require warranty deeds. They’re not going to accept a quit claim deed on a property they’re financing. Period.

Lee County Document Preparation

Common situations that require a warranty deed:

•  Selling residential property to an unrelated buyer in a standard real estate transaction

•  Any sale involving a mortgage lender or title insurance company

•  Selling commercial real estate

•  Transactions where the buyer’s title company requires it as a condition of closing

•  Court-ordered transfers where a warranty deed is specified

Common situations where a quit claim deed is appropriate instead:

• Adding or removing a family member from a title

• Transferring property between spouses — during marriage or as part of a divorce settlement

• Moving property into or out of a living trust or LLC

• Correcting a name or title error from a prior deed

• Gifting property to a child or other family member where both parties trust each other

Important: If you’re not sure which deed type applies to your situation, call us at 239-482-7900 before you start. Using a quit claim deed when a warranty deed is required can cause the buyer’s lender to reject the transaction, create title insurance issues, or leave the buyer with no legal recourse if a prior claim surfaces.

Warranty Deed vs. Quit Claim Deed — The Key Differences

 

Both deed types transfer ownership when recorded. Both cost $225 to prepare through our office. Here’s where they differ:

 

  Warranty Deed Quit Claim Deed
Title guarantee Full — back through all prior owners None — transfers “as-is”
Best used for Arm’s-length sales, lender-required transfers Family transfers, corrections, trusts
Lender acceptance Required for financed purchases Rarely accepted by lenders
Risk to grantor Legally liable if title defect surfaces later No title liability after transfer
Documentary stamps 0.7% of sales price (min $0.70) 0.7% of consideration (min $0.70)
LCDP prep fee $225 flat $225 flat
Transfer timing Immediate upon recording Immediate upon recording

 

What a Warranty Deed Costs in Florida

Here is a complete cost breakdown for a warranty deed prepared through Lee County Document Preparation:

 

Fee Amount
Deed preparation (LCDP flat fee) $225.00
Recording fee — first page (Lee County Clerk of Court) $18.50
Recording fee — each additional page $8.50 per page
Documentary stamp tax 0.7% of sales price (min $0.70)
Prior deed copy (if not provided by client) $25.00
Typical total for a standard residential sale (varies by sales price) $245+ (plus doc stamps)

 

No hidden fees. We provide a complete cost estimate before you start, including the documentary stamp calculation based on your sale price. For comparison, hiring a real estate attorney in Fort Myers to prepare the same document typically runs $400 to $700 or more.

 

Florida Warranty Deed Requirements

Here is exactly what makes a warranty deed valid and recordable in Florida:

  • Must be in writing — oral property transfers are not valid in Florida
  • Must identify the grantor and grantee by full legal name
  • Must include the complete legal description of the property — not just the street address. We pull this from the current recorded deed or the county property appraiser’s records
  • Must state the grantor’s marital status
  • Must include consideration — the actual sale price, or nominal consideration if applicable
  • Must be signed by the grantor in the presence of two subscribing witnesses and a notary public
  • Must be recorded with the Clerk of Court in the county where the property is located to be effective against third parties

 

We handle all of this. You fill out our questionnaire, we prepare a deed that meets every Florida requirement, and we file it with the Lee County Clerk of Court — or the appropriate county clerk for properties in Collier, Charlotte, or Sarasota County.

 

How the Process Works

Our 3-step process is designed to be simple whether you’re in Fort Myers or anywhere in Southwest Florida.

  • Fill out our online questionnaire — takes about 10 minutes. You’ll provide the property address, grantor and grantee names, sale price or consideration, and any additional details needed for your transaction.
  • We prepare the deed using the current recorded legal description and send it to you for review. Typical turnaround is 7 to 14 business days.
  • Sign in front of a notary. We offer in-house notarization for local Fort Myers clients, or you can use any notary. Mail us the signed originals with payment and we handle recording with the Lee County Clerk of Court.

 

For properties in Collier, Charlotte, or Sarasota County, we file with the appropriate county clerk. The process is the same regardless of which county the property is in.

Pro Tip: In a standard real estate sale, your title company or closing agent will often handle recording. If that’s the case, confirm with them whether they need the deed prepared separately or whether they handle the full document. If you are closing without a title company — which happens in some cash sales — we handle everything.

Frequently Asked Questions

What is the difference between a general warranty deed and a special warranty deed in Florida?

A general warranty deed guarantees the title against defects back through all prior owners — not just the current grantor’s ownership period. A special warranty deed only covers defects that arose while the current grantor owned the property. For most residential sales in Fort Myers and Southwest Florida, buyers and lenders expect a general warranty deed.

Do I need an attorney to prepare a warranty deed in Florida?

Florida does not require an attorney to prepare a warranty deed. A document preparation service like Lee County Document Preparation can legally prepare it for you. If your transaction involves a disputed title, complex ownership history, multiple parties, or a commercial property, we recommend also consulting a licensed Florida real estate attorney.

How long does it take to record a warranty deed in Lee County?

After we receive your signed originals and payment, we file with the Lee County Clerk of Court. Total turnaround from questionnaire submission to recorded deed is typically 7 to 14 business days under our standard process.

Does a warranty deed protect the buyer if a lien is discovered later?

Yes. Under a general warranty deed, if a lien, encumbrance, or prior ownership claim surfaces after the deed is recorded, the grantor is legally obligated to make it right — even if the defect originated with a prior owner. This is the core protection a warranty deed provides. Most buyers in financed transactions also purchase title insurance for an additional layer of coverage.

Can I use a warranty deed for a family property transfer in Florida?

Technically yes, but it’s usually not necessary. A warranty deed requires the grantor to guarantee the entire title history, which creates liability that makes little practical sense in a family transfer where both parties trust each other and clear title is already established. For family transfers, adding a spouse to a deed, or moving property into a trust, a quit claim deed is the standard and appropriate tool.

What happens if the legal description on a warranty deed is wrong?

An incorrect legal description can cloud title, invalidate the transfer, or require a corrective deed to fix. In serious cases it can require a quiet title action, which is a court proceeding that can cost several thousand dollars and months of time. This is the most common and most expensive error in self-prepared deeds. The $225 we charge to prepare it correctly is significantly less than fixing a mistake after it’s recorded.

Ready to Get Your Lady Bird Deed Prepared?

Serving Fort Myers, Cape Coral, Naples, Bonita Springs, and all of Southwest Florida since 1997.

Monday – Friday  |  9:00 AM – 5:00 PM  |  LeeCountyDocs@gmail.com

$225 Flat Fee  •  Full Cost Estimate Provided Upfront  •  No Hidden Fees

Call 239-382-7506

Not sure whether you need a warranty deed or a quit claim deed? See our full comparison on the Quit Claim Deed Florida page, or call us and we’ll explain both with no obligation.  — Betsy Wilkinson, Lee County Document Preparation, Inc.

Lee County Document Preparation, Inc. is a non-attorney document preparation service. We do not provide legal advice or representation. For legal counsel, consult a licensed Florida attorney.