Should I Buy Without a General Warranty Deed?
It’s common for buyers to worry when a seller refuses to use a general warranty deed. Does it mean something is wrong with the property — or is it normal? In most cases, a seller declining a general warranty deed is not a deal breaker.
💡 Short Answer
Yes, you can still safely buy the home. A seller’s refusal to provide a general warranty deed is often reasonable and common — especially when title insurance and a professional title search are part of the transaction.
📌 Why a Seller May Refuse a General Warranty Deed
A general warranty deed guarantees the buyer against title defects going back through the entire history of the property. Not every seller is legally able — or willing — to make that promise.
Common, legitimate reasons include:
- The seller received the property via a special warranty deed
- The home came from an estate, trust, or probate sale
- The seller is a builder, investor, bank, or relocation company
- The seller did not own the property long enough to warrant earlier title history
In these cases, offering a general warranty deed would expose the seller to liability for title defects they did not create — and cannot legally recover from.
🛡️ What Actually Protects Buyers (More Than the Deed)
1️⃣ Title Search
Before closing, a title company performs a title search to identify liens, ownership disputes, judgments, or recording errors. Any issues must be resolved before the sale can close.
2️⃣ Owner’s Title Insurance
An owner’s title insurance policy protects you if a covered title defect appears after closing — regardless of whether the seller provided a general or special warranty deed.
This policy covers legal defense costs and financial losses up to the policy amount. In modern transactions, title insurance carries far more protection than deed warranties alone.
📌 Deed Type vs. Buyer Protection
| Item | What It Does |
|---|---|
| General Warranty Deed | Seller guarantees title for the entire ownership history |
| Special Warranty Deed | Seller only guarantees title during their ownership period |
| Owner’s Title Insurance | Financial and legal protection for the buyer |
⚠️ A Common Misunderstanding About Title Insurance
Title insurance only covers up to the amount issued at purchase. If a home doubles in value over time, the policy does not automatically increase.
If the seller conveyed title via a special warranty deed, the buyer also has no legal claim against prior owners for defects that occurred before the seller’s ownership.
This is why sellers often avoid offering broader deed warranties than they received — and why buyers rely on title insurance rather than seller guarantees.
🚩 When Buyers Should Be Cautious
You may want to pause or seek advice if:
- The seller refuses both a general warranty deed and title insurance
- The title company cannot issue a clean title policy
- Known liens or ownership disputes remain unresolved
- The seller refuses standard due diligence or escrow procedures
These situations — not the deed choice alone — are the real warning signs for buyers.
📌 Bottom Line for Buyers
- A seller refusing a general warranty deed is often normal
- Many professional sellers never provide one
- Your real protection comes from title search and title insurance
- With proper safeguards, the purchase can still be very safe
Buying or Selling Without an Agent?
Brokerless helps buyers and FSBO sellers understand deeds, title, and contracts — without paying unnecessary commission.