General Warranty Deed
(Residential Transaction) (AL)

Summary

This general warranty deed template is for use by a seller in an Alabama residential purchase and sale transaction to convey title to a buyer via general warranty. This template includes practical guidance and drafting notes. A general warranty deed provides full warranties from the seller to the buyer that (1) the seller has good title to the property, (2) the seller has the right and power to convey the property, and (3) the property is free from claims or encumbrances, except as specifically described in the deed. This template may be tailored to suit each transaction. There is no law in Alabama mandating that the grantor deliver a specific type of deed absent a contract provision. A deed must be in writing, signed by the grantor, and either acknowledged or attested by the required number of witnesses. See Ala. Code § 35-4-20. The words "grant," "bargain," or "sell" must be used in order to pass legal title. See Ala. Code § 35-4-271. In order to be recorded in Alabama, deeds must meet the following requirements: • It must contain the name and address of the individual who prepared the deed. See Ala. Code § 35-4-110. • It must contain a recitation of the marital status of an individual grantor. See Ala. Code § 35-4-73(a). • If the property description references a plat and does not include a metes-and-bounds description, then the plat must be attached unless the deed describes the plat book and office in which the plat book is to be found. See Ala. Code § 35-4-74(a). • It must be properly executed. See Ala. Code § 35-4-51. • It must be properly witnessed or acknowledged. See Ala. Code § 35-4-58. • Recordation tax must be paid, and the deed should be accompanied by proof of the purchase price paid or the actual value of the real property. See Ala. Code § 40-22-1. Alabama does not have mandatory property condition disclosure requirements. The state retains the caveat emptor doctrine for the resale of used residential real estate. Druid Homes, Inc. v. Cooper, 272 Ala. 415, 131 So. 2d 884 (1961). Although the state has abolished the caveat emptor rule in sales of new residential real estate, Cochran v. Keeton, 287 Ala. 439, 252 So. 2d 313 (1971), it has not extended the Cochran rule to the sale of used homes. Teer v. Johnston, 60 So. 3d 253 (Ala. 2010). In the sale of used homes, Alabama courts have created a health or safety exception to the caveat emptor doctrine. In Fennell Realty Co. v. Martin, the Alabama Supreme Court noted that when the buyer of a used house directly asks the seller or the seller's agent, before closing, about a material defect or condition of the house and the agent assumes the obligation to inspect it for the defect and to disclose the findings to the buyer, the agent has the duty of truthful disclosure of all material facts revealed by the inspection. Fennell Realty Co. v. Martin, 529 So. 2d 1003 (Ala. 1988). For other deeds to use in residential transactions in Alabama, see Quitclaim Deed (Residential Transaction) (AL) and Special Warranty Deed (Residential Transaction) (AL). For deeds to use in commercial transactions in Alabama, see General Warranty Deed (Commercial Transaction) (AL), Quitclaim Deed (Commercial Transaction) (AL), Warranty Deed (Statutory) (Commercial Transaction) (AL), Statutory Warranty Deed (Commercial Transaction) (AL), and Special Warranty Deed (Commercial Transaction) (AL). For guidance on Alabama acknowledgments, see Commercial Real Estate Ownership (AL). For information on recording real property documents in Alabama, see Recording Procedures (AL). For more on deeds in general, see Types of Deeds and Key Provisions. See also Thompson on Real Property, Thomas Editions § 82.04 and Powell on Real Property § 81A.03. For information on deed transfer taxes, see Deed Transfer Tax State Law Survey. For general information on recording real property documents, see Recording Real Property Documents. See also Uniform Real Property Electronic Recording Act State Law Survey. For further guidance on acknowledgments, see Statutory Forms of Acknowledgment State Law Survey. For information on title insurance, see Title Insurance Endorsement State Law Survey and Title Insurance and Survey Resource Kit (Commercial Real Estate Purchase and Sale) (National and Select States).For a full listing of key content covering purchasing and selling residential real estate, see Purchasing and Selling Residential Real Estate Resource Kit. For a full listing of key content covering purchasing and selling commercial real estate, see Purchasing and Selling Commercial Real Estate Resource Kit. See also Junior Associate Real Estate Resource Kit (Commercial Purchase and Sale). For a list of key resources covering real estate-related tasks for associates, in-house attorneys, and interns, see First Year Associate Resource Kit: Real Estate, Summer Associate Resource Kit: Real Estate, In-House Real Estate Resource Kit, and Federal Government Summer Intern Resource Kit: Real Estate.