Warranty Deed
(Residential Transaction) (MA)

Summary

This template is a warranty deed and may be used by a seller to convey title to a buyer for Massachusetts residential real property. A seller should use a warranty deed if required by the purchase and sale agreement or if the seller obtained title by a warranty deed. This template includes practical guidance, drafting notes, and an alternate clause. All warranty deeds must comply with the requirements of ALM GL ch. 183, § 8 and ALM GL ch. 183, § 9. In a Massachusetts warranty deed, the use of the words with “warranty covenants” has the force, meaning, and effect of the following covenants: (1) that the grantor is lawfully seized of the granted premises in fee simple; (2) that the premises are free from all encumbrances at the time of the delivery of the deed; (3) that the grantor has the right to sell and to convey the premises to the grantee at the time of the delivery of the deed; and (4) that the grantor (and the grantor's heirs, representatives, and administrators) will warrant and defend the title to the grantee and the grantee's heirs and assigns against the lawful claims and demands of all persons. See ALM GL ch. 183, § 10. For a template of another deed to use in residential transactions in Massachusetts, see Quitclaim Deed (Residential Transaction) (MA). For a template of a deed used to transfer and release a grantor's interest in Massachusetts real property to a grantee without any warranties, representations, or covenants, see Release Deed (MA). For other templates of deeds to use in commercial transactions in Massachusetts, see Warranty Deed (Commercial Transaction) (MA) and Quitclaim Deed (Commercial Transaction) (MA). For information on the process of buying and selling real property in Massachusetts, see Purchasing and Selling Commercial Real Estate Resource Kit (MA) and Residential Purchase and Sale Transactions Resource Kit (MA). For more information on commercial real estate ownership in Massachusetts, see Commercial Real Estate Ownership (MA). For information on recording real property documents in Massachusetts, see Recording Procedures (MA). For information on deed transfer taxes in Massachusetts, see Real Property Transfer Taxes (MA). For information on title insurance, see Title Insurance (MA). For further guidance 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 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.