A South Dakota General Warranty Deed is a deed promising that the grantor, or seller, has a good title on the property and the property is free and clear of all liens and encumbrances. The seller also promises that he will defend the grantee, or buyer, against all claims that may arise.
A South Dakota General Warranty Deed provides a way for a seller to transfer ownership or title of real estate to someone else and warrant, or guarantee, that the seller legally owns the property.
You can be certain that a buyer does not want to discover that there is a problem with the title after the transaction is complete. When using a General Warranty Deed, the buyer can seek recourse against the seller after the transaction if there are problems associated with ownership of the property.
A buyer should always request a South Dakota General Warranty Deed when purchasing property because it offers the buyer the utmost protection. General Warranty Deeds assure clear title all the way back to the origin of the property.
A South Dakota General Warranty Deed guarantees that :
- The seller owns the title to the property.
- The seller can legally sell the property.
- The property is free and clear of all claims and debts.
- The property has not already been sold by the seller.
- The seller is responsible for any problems associated with selling the property.
A South Dakota General Warranty Deed guarantee is made from the seller to the buyer. The deed names the seller as the responsible party from any problems that may occur contrary to the buyer’s complete ownership of the property. For example, the seller would be responsible for any claims even if the claim is from 30 years prior to the transaction.
Components of a South Dakota General Warranty Deed:
- The deed must be in a written language to be legal. Audio or video deeds are not binding.
- The seller and buyer must be identified by name.
- There must be a description of the property in terms of its address and/or location from records stored in the local recorder’s office of the county where the property is located.
- The guarantee from the seller to the buyer and exactly what that guarantee implies.
- The two parties must then sign and notarize the South Dakota General Warranty Deed.
The South Dakota General Warranty Deed should then be filed at the land records office in the county where the property is located. This office is called different names in different places, but is most likely known as the County Clerk, Register of Deeds, County Recorder or Land Registry.