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Florida Warranty Deed Form

A Florida warranty deed form is often used to transfer real estate in Florida.  It is most often used in the traditional sale context, where a buyer is paying market value for a parcel of Florida real estate.

Like all warranty deeds, a Florida warranty deed conveys all of the covenants of title.  The seller is giving a warranty that he or she owns and has all rights to the property, and the purchaser will have a breach of warranty action against the seller if it turns out that was not the case.

The exact form of Florida warranty deed will vary depending on the circumstances, but the general warranty language is prescribed by statute.  Fla. Stat. § 689.02 provides the following language for inclusion in a Florida warranty deed form:

This indenture, made this ___ day of  _____ A.D. , between  _______________, of the County of  _______________ in the State of  _______________, party of the first part, and  _______________, of the County of  _______________, in the State of  _______________, party of the second part, witnesseth: That the said party of the first part, for and in consideration of the sum of _______________  dollars, to her or him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said party of the second part, her or his heirs and assigns forever, the following described land, to wit:

[Add Legal Description of Property]

And the said party of the first part does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever.

The form should include the customary space for the property’s appraisal parcel identification number and social security numbers for the grantees.  The appraisal identification number can’t serve as the legal description and the grantee(s) can’t be designated by social security number.  The statute specifically provides that failure to include this information so won’t make the deed invalid or prevent it from being recorded in the land records.