General Warranty Deed
(Residential Transaction) (OR)

Summary

This general warranty deed template is for use by a seller in an Oregon 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. It is the best type of deed for buyers of real property. This template may be tailored to suit each transaction. Or. Rev. Stat. Ann. § 93.850 contains the template for warranty deed. There are several statutory deed forms in Oregon, but these are merely optional and not mandatory. Other forms of deed may be used for the conveyance of real property. See Or. Rev. Stat. Ann. § 93.870. Note that a seller of residential property in Oregon must provide a property disclosure statement, in appreciably the statutory form, including certain disclosures related to title, water, sewage system, insulation, structure systems and fixtures, common interests, and other general information. Or. Rev. Stat. Ann. § 105.464. The seller must complete, sign, and deliver a seller's property disclosure statement as set forth in Or. Rev. Stat. Ann. § 105.464 to each buyer who makes a written offer to purchase the property. Or. Rev. Stat. Ann. § 105.465(2). The seller must also disclose, as required by the rules of the Oregon Health Authority, to the buyer whether the property is not fit for use because it was used for the manufacture of illegal drugs. Or. Rev. Stat. Ann. § 453.870; Or. Admin. R. 333-040-0100. Oregon requires that the real property be described for recording purposes. See Or. Rev. Stat. Ann. § 93.600. Deeds are signed by the grantors and acknowledged before any judge of the supreme court, circuit judge, country judge, justice of the peace, or notary public in Oregon. Or. Rev. Stat. Ann. § 93.410. All instruments conveying title to real property in Oregon must be acknowledged and recorded no later than 15 days after the instrument is executed. Or. Rev. Stat. Ann. § 93.635(1). Deeds in Oregon are recorded in the county in which the real estate is situated. See Or. Rev. Stat. Ann. § 93.480. All instruments conveying or contracting to convey title to real property must state the true and actual consideration paid for the transfer. If the actual consideration consists of or includes other property, note on the face of the instrument that other property or value was either part or the whole consideration. There is no need to state the monetary value of the other property or describe the other property. See Or. Rev. Stat. Ann. § 93.030(2). For information on recording real property documents in Oregon, see Recording Procedures (OR). 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 other residential deeds that may be used in Oregon, see Quitclaim Deed (Residential Transaction) (OR) and Special Warranty Deed (Residential Transaction) (OR). For templates of deeds to use in commercial transactions in Oregon, see Warranty Deed (Statutory) (Commercial Transaction) (OR), General Warranty Deed (Commercial Transaction) (OR), Quitclaim Deed (Commercial Transaction) (OR), and Special Warranty Deed (Commercial Transaction) (OR). For guidance on Oregon acknowledgments, see Commercial Real Estate Ownership (OR). 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. For further guidance on acknowledgments, see Statutory Forms of Acknowledgment State Law Survey. 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.