When purchasing a home, business or other property, a deed transfers ownership from one party to another and often warrants that title to the property is clear. Although this document is routine to the selling and purchasing of real estate, the deed drafting process should not be taken for granted.
In Florida a deed effectively transfers real estate from the seller to the buyer if it is:
- In writing;
- Signed by the transferor/grantor (the current owner) of the property or his or her duly authorized agent or representative; and
- Signed in the presence of two witnesses, each of whom must also sign the deed.
These are the minimum requirements for a deed, though most are more complex.
The real estate attorneys at Lieser Skaff Alexander understand the complexities of real estate transactions and assure that each deed we draft accurately includes all legally required elements and the additional items stipulated by lenders and others, when appropriate.
Types of Deeds
There are several types of deeds, each providing specific benefits, such as protecting the purchaser from hidden or unknown challenges or risks, clearing title issues and allowing heirs to avoid the probate process.
- General Warranty Deed. Through this deed the seller warrants that the title is good, protected, marketable, and free of debt or other liens. If another person or entity later claims rights to the property, the warranty deed requires that the seller defend the title against these claims.
Whether you plan to purchase residential or commercial real estate or want to consider different deed options for property that you already own, the real estate and estate planning attorneys at Lieser Skaff Alexander can help. We have significant experience in deed drafting and estate planning and can guide you through the process of executing the best deed to accomplish your goals. Contact us today to speak with one of our skilled attorneys.