Texas Warranty Deed: What It Says, How to Record It and Fix Errors
- Inherited, behind on payments, tenants, repairs: we buy it as-is
- Zero fees, zero commissions, zero closing costs
- No obligation: turn the offer down and owe us nothing
Selling a Texas House? Get a Cash Offer Without Repairs
We buy houses as-is and work with title companies on the deed and closing. Tell us about the property.
Last updated November 14, 2026. Citations come from the Texas statutes and official agency pages linked in Sources. Where we could not confirm something on an official page, we say so.
A Texas warranty deed conveys real estate with a covenant of general warranty, meaning the seller promises to defend the buyer’s title against anyone lawfully claiming it. Property Code Sec. 5.022 gives a statutory form for it. Texas statutes do not use the names "general warranty deed" or "special warranty deed," so this guide sticks to what the code says.
What a conveyance has to be
A conveyance of an estate of inheritance, a freehold or an estate for more than one year in land must be in writing, signed and delivered by the owner or an agent authorized in writing (Property Code Sec. 5.021).
An estate is a fee simple unless express words or operation of law limit it (Sec. 5.001). A deed that purports to convey more than the grantor can lawfully convey passes only what the grantor owns (Sec. 5.003).
An instrument that fails as a conveyance under Chapter 5 can still be enforced as a contract to convey, to the extent the law allows (Sec. 5.002).
The statutory warranty form
Sec. 5.022 provides a form, or one the same in substance, that conveys fee simple with a covenant of general warranty. It uses the words granted, sold and conveyed, states the consideration, describes the premises and includes a warranty to warrant and forever defend against every person lawfully claiming the premises.
A warranty covenant is not required, and the parties may use any form or clause that does not violate the law (Sec. 5.022).
Using the words grant or convey in a conveyance of an estate of inheritance or fee simple implies two covenants unless the deed says otherwise: the grantor has not already conveyed the estate to someone else, and the estate is free from encumbrances at signing. Encumbrance includes a tax, an assessment and a lien. Either implied covenant can support a lawsuit as if it were written out (Secs. 5.023 and 5.024).
Signing and recording
A deed cannot be recorded unless the grantor signed and acknowledged or swore to it before an authorized officer, or signed before two or more credible subscribing witnesses. A person who presents it in person for recording must show photo ID to the county clerk (Sec. 12.001). A paper document needs an original acknowledged signature, or must be a certified copy of an electronic record (Sec. 12.0011).
You record with the county clerk of the county where the property is located. Fees and e-recording rules vary by county and we did not confirm them here.
Fixing a mistake in a recorded deed
A correction instrument can fix errors under Secs. 5.027 to 5.029. A nonmaterial or clerical correction can be made by a person with personal knowledge. A material correction must be signed by each party to the original instrument, or their heirs, successors or assigns, and recorded in each county where the original was recorded.
A deed term that bars sale, lease or transfer based on race, color, religion or national origin is void (Sec. 5.026).
What we could not confirm
We did not find statutory definitions of general or special warranty deeds in Chapter 5, and we did not open Chapter 11 or Sec. 13.001 on the effect of unrecorded instruments. Ask the title company which form it expects for your sale.
How to sell a house in Texas when you need to deliver a deed to the buyer
- Find out what the title company needs. For an inherited or transferred house, that usually means the recorded document that shows who owns it today.
- Get a payoff for any mortgage and the amount of any unpaid property tax. Both are paid from the sale proceeds at closing.
- Compare offers on what you net after repairs, commissions and closing costs, not on the headline price.
- If you want a fast, simple closing, ask for a written cash offer. We buy houses as-is, with no repairs and no agent commission. See how we buy houses in Texas.
Texas warranty deed FAQ
What is a warranty deed in Texas?
A deed that conveys fee simple with a covenant of general warranty, as in the statutory form in Property Code Sec. 5.022.
Is a warranty covenant required in Texas?
No. A covenant of warranty is not required, and the parties can use any form that does not violate the law (Sec. 5.022).
What does the word convey imply?
Unless the deed says otherwise, the grantor has not previously conveyed the estate and it is free from encumbrances such as taxes and liens at signing (Secs. 5.023 and 5.024).
How do I fix an error in a recorded deed?
Record a correction instrument under Secs. 5.027 to 5.029. Material errors need signatures from each party to the original, or their heirs and successors.
Sources
This guide is general information, not legal or tax advice. Laws, forms and fees change, so confirm details with the official office or a Texas attorney or tax professional.