Limited Warranty Deed
(Residential Transaction) (GA)

Summary

This template is a limited warranty deed that is used to transfer the title to a residential real property in Georgia. This template includes practical guidance, drafting notes, and optional clauses. Limited warranty deeds are commonly used in Georgia to transfer title to real property from one party to another. An owner / grantor transferring title through a limited warranty deed limits the scope of the warranties of title given by the grantor to any and all problems that occurred during the grantor's ownership of the property only, as contrasted against a transfer through a general warranty deed wherein the grantor warrants title against all problems from the beginning of time. All deeds transferring real property must be accompanied by form PT-61, Real Estate Transfer Tax Declaration when submitted for recording whether or not the transfer is exempt from payment of Georgia transfer tax. See GSCCCA PT-61 eFiling. See also Real Property Transfer Taxes (GA). For templates of other deeds to use in residential transactions in Georgia, see Quitclaim Deed (Residential Transaction) (GA), Warranty Deed (Residential Transaction) (GA)., Limited Warranty Deed (Residential Transaction) (GA), and Deed of Gift (Residential Transaction) (GA). For templates of deeds to use in commercial transactions in Georgia, see Deed Of Gift (Commercial Transaction) (GA), Limited Warranty Deed (Commercial Transaction) (GA), Quitclaim Deed (Commercial Transaction) (GA), and Warranty Deed (Commercial Transaction) (GA). For information on the process of buying and selling residential real property in Georgia, see Residential Purchase and Sale Transactions Resource Kit (GA). For information on recording real property documents in Georgia, see Recording Procedures (GA). For information on deed transfer taxes in Georgia, see Real Property Transfer Taxes (GA). For information on the process of buying and selling commercial real property in Georgia, see Purchasing and Selling Commercial Real Estate Resource Kit (GA), Purchase and Sale of Commercial Real Property (GA), and Commercial Real Estate Ownership (GA). For information on ownership structures used when acquiring residential or commercial real property in Georgia, see Choice of Ownership Structure of Real Property (GA). 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. 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.