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In real estate transactions, deeds are often used to transfer property from one party to another, and for a deed to be legally effective, it must include consideration. The consideration is the price or value the buyer provides to the seller in exchange for the property.
A statutory form for a warranty deed is provided in section 689.02 of the Florida Statutes. The grantor to a warranty deed offers a covenant of full warranty to the title of the land being conveyed, and will defend the same against the lawful claims of all persons (689.02).
Hear this out loud PauseAn affidavit or statement of consideration. As a matter of contract law, a deed must have consideration to be valid. Consideration is defined as something of value given for the deed. Usually the consideration is money, but it could be for services or anything of value.
Hear this out loud PauseThe closing agent explained, ?Well, ten dollars and other consideration. This is just a convention, so that the actual amount paid for the house doesn't go into the record.? It also saves them from having to revise the document each time the price changes.
Hear this out loud PauseThe consideration is the value that the buyer transfers to the seller. Or, simply put and in most cases, the consideration reflects how much (or the dollar amount) the buyer spent to purchase the item. For instance, if the buyer purchases a car for $20,000 from the seller, the consideration is $20,000.
Florida law requires, among other things, that warranty deeds be signed by the grantor (owner) and witnessed by two witnesses. It should be recorded in the county where the property is located.
Hear this out loud PauseConsideration is a payment made by one party to another in exchange for the transfer of something of value. Consideration can include the payment of property, the settlement of an obligation, or forbearance. It must be of value to both parties entering into a transaction.
Warranty Deed Rules and Requirements The name and address of the individual who prepared the deed. The name and address of the current owner (also called the grantor) The name and address of the new owner (also called the grantee) Original signature of the grantor (note: the grantee does not need to sign the deed)