Texas · Property Code §§5.021–5.024Texas general vs special warranty deed: what the Property Code says

Texas Property Code §§5.021–5.024 set the basic rules for the deed that transfers a house. A conveyance of a fee simple or other estate in land for more than one year must be in writing and must be signed and delivered by the seller or by an agent authorized in writing (§5.021). The Code includes a short statutory form that conveys a fee simple 'with a covenant of general warranty' – the seller binds themselves and their heirs to 'warrant and forever defend' the property 'against every person whomsoever' lawfully claiming it (§5.022(a)). But a warranty is not required in a conveyance, and the parties may insert any clause or use any form that isn't against the law (§5.022(b)–(c)) – so a deed may carry a narrower warranty than the statutory form, or none at all. Even without an express warranty, unless the deed provides otherwise, using the word 'grant' or 'convey' in a fee simple deed implies two covenants from the seller: that the seller hasn't already conveyed the property or any interest in it to someone else, and that the property is free from encumbrances when the deed is signed; either implied covenant can be sued on as if written in the deed (§5.023). 'Encumbrance' includes taxes, assessments and liens (§5.024). On the TREC One to Four Family Residential Contract (Resale), form 20-19, the seller must deliver a general warranty deed showing no exceptions beyond those the contract permits (¶9B(1)), and preparing the deed is a seller's expense (¶12A(1)(a)) – so the TC's job is to make sure the draft deed matches the contract.