The single most important document in a sale is the deed, the instrument that actually transfers ownership to the buyer. Sellers sign it without always knowing what kind it is or what it promises. Let me explain the deed and the differences that matter.
Written by Anthony I. Shin, Esq., Principal and real estate attorney at Prime Title & Escrow
Everything else at a closing supports one event: the transfer of ownership from you to the buyer. That transfer happens through the deed. Knowing how it works, and what type you are signing, helps you understand exactly what you are conveying.
A deed is the legal document that transfers ownership of the property from you to the buyer. You sign it before a notary, and it is recorded in the local land records to make the transfer official. The type of deed determines what assurances you give the buyer about the title.
How the transfer happens
Signing the deed is not quite the finish line. Ownership transfers when the signed deed is delivered and then recorded in the local land records of the city or county where the property sits. Recording makes the transfer part of the public chain of title and protects the buyer’s ownership, which is why I record promptly after closing, within the window set by Virginia’s Wet Settlement Act.
General warranty deeds
The most protective deed for a buyer is the general warranty deed. With it, you as the seller stand behind the title against defects arising at any point in the property’s history, not just during your ownership. It gives the buyer the broadest assurances, and it is common in ordinary home sales. The buyer’s owner’s title insurance works alongside it, which I cover in owner’s versus lender’s title insurance.
Special warranty deeds
A special warranty deed is narrower. With it, you stand behind the title only for the period you owned the property, not for anything that happened before you took ownership. Sellers like estates, trusts, banks, and some commercial sellers often convey by special warranty deed, because they cannot reasonably vouch for a history they were not part of. The buyer gets less assurance from the deed itself, which is one more reason owner’s title insurance matters.
The type of deed is usually set by your purchase contract, so it is worth knowing before closing which one you have agreed to give. If your contract calls for a general warranty deed, you are giving the buyer broad assurances. If it calls for a special warranty deed, your assurances are limited to your ownership period. I prepare the correct deed for your sale and explain what it commits you to, so there are no surprises. Because my office is attorney led, your deed is prepared and reviewed by real estate attorneys.
Getting it right
A deed has to be exact: the right names, the correct legal description of the property, the proper vesting, and a valid notarization. An error can cloud the title and cause problems down the road, which is part of why having attorneys prepare it matters. I make sure your deed is accurate before you ever sign it.
One more practical point: how you hold title affects the deed. If you own the property jointly, for example with a spouse or another co owner, generally every owner on title has to sign the deed to convey the whole property. If a co owner cannot attend, a valid power of attorney can let someone sign for them. I confirm how title is held early, so I know exactly whose signatures the deed will need well before your closing date. That detail alone can prevent a last minute scramble.
The deed is small, but it carries the entire weight of the sale. Whether you are selling in Virginia or West Virginia, I will prepare the right deed for your transaction, confirm exactly whose signatures it needs, explain what it promises, and record it promptly so the transfer is clean and final.
Send me your contract and I will prepare the correct deed for your sale and explain exactly what you are conveying to the buyer.
Get Your Free Quoteor call (703) 552-4155Frequently asked questions
What is a deed?
A deed is the legal document that transfers ownership of real estate from the seller to the buyer. The seller signs it before a notary, and it is recorded in the local land records to make the transfer official and part of the public chain of title.
What types of deeds are used in Virginia?
The most common are the general warranty deed and the special warranty deed. A general warranty deed gives the buyer the broadest assurances about the title, while a special warranty deed limits those assurances to the period the seller owned the property. The type used is usually set by the contract.
What is the difference between a general and special warranty deed?
With a general warranty deed, the seller stands behind the title against defects arising at any time in the property’s history. With a special warranty deed, the seller stands behind the title only for the time the seller owned it. The buyer generally prefers a general warranty deed.
Who prepares the deed?
Your settlement agent prepares the deed for the sale. Because my office is attorney led, your deed is prepared by real estate attorneys and reviewed for accuracy before you sign it.
When does the buyer officially own the property?
Ownership transfers when the signed deed is delivered and recorded in the local land records. Recording makes the transfer public and protects the buyer’s ownership, which is why prompt recording after closing matters.
This article is general information about deeds in Virginia and West Virginia. It is not legal advice for your specific transaction, and the right deed depends on your contract and situation. Please confirm the details with me directly.