Florida Statutes
Fla. Stat. § 689.02 (2025)
Form of warranty deed prescribed.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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689.02 Form of warranty deed prescribed.—
(1) Warranty deeds of conveyance to land may be in the following form, viz.:
“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:
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.”
(2) The form for warranty deeds of conveyance to land shall include a blank space for the property appraiser’s parcel identification number describing the property conveyed, which number, if available, shall be entered on the deed before it is presented for recording. The failure to include such blank space or the parcel identification number, or the inclusion of an incorrect parcel identification number, does not affect the validity of the conveyance or the recordability of the deed. Such parcel identification number is not a part of the legal description of the property otherwise set forth in the deed and may not be used as a substitute for the legal description of the property being conveyed.
History.—s. 1, ch. 4038, 1891; GS 2449; RGS 3788; CGL 5661; s. 1, ch. 87-66; s. 17, ch. 88-176; s. 60, ch. 89-356; s. 752, ch. 97-102; s. 1, ch. 2013-241.
Notes of Decisions
Cited in 11
cases (3 in the last 5 years), 1964–2023 · leading case: BWB CORP. v. Muscare, 349 So. 2d 183 (Fla. 3d DCA 1977).
BWB CORP. v. Muscare, 349 So. 2d 183 (Fla. 3d DCA 1977). “The Muscares gave appellants a warranty deed which is substantially the same as the form for warranty deeds prescribed by Section 689.02, Florida Statutes (1975). Section 689.”
Flinn v. Van Devere, 502 So. 2d 454 (Fla. 3d DCA 1986). “2d Deeds § 19, 21 (1983); § 689.02, Fla. Stat. (1983) (providing for statutory form of deed including words "granted," "bargained" and "sold"); see generally 19 Fla.”
Holland v. State, 388 So. 2d 1080 (Fla. 1st DCA 1980). “The grantors of a 1969 warranty deed in the form prescribed by Section 689.02, Florida Statutes (1969), (1979), conveying a strip of Santa Rosa County land to the State, appeal from a circuit court order dismissing with prejudice their second amended complaint and their claim…”
Cook v. Tradewinds West Condo., Inc., 636 So. 2d 591 (Fla. 3d DCA 1994). “Appellants argue that the deed in statutory form, § 689.02, Fla.Stat. (1973), operated to convey the fee simple title, including the right to collect rents, to each successive owner.”
Saltzman v. Ahern, 306 So. 2d 537 (Fla. 1st DCA 1975). “Application of the foregoing principles, particularly in view of the statutory mandates contained in F.S. 689.02, 689.03, 689.09, and 689.10 required the trial judge to determine that the subject deed could only be construed as conveying to the grantee (appellee's predecessor in…”
Harris v. Sklarew, 166 So. 2d 164 (Fla. 3d DCA 1964). “The appellants urge that, inasmuch as the form of the deed in question was that set forth in § 689.02, Fla.Stat., F.S.A., except for certain words of limitation which were added, the deed was one containing full common-law covenants by virtue of § 689.”
Kenneth Devino & 2436 East Las Olas Blvd. Stores, LLC v. 2426 East Las Olas, LLC (Fla. 4th DCA 2020). “See § 689.02, Fla. Stat. (2019). The easement benefited the parcel owned by Hook and provided access for the parcel to the street.”
William Thayer & Louise a. Jefferson v. Doris D. Hawthorn (Fla. 4th DCA 2023). “At the hearing, appellants argued additionally that the warranty deed tracked the language of section 689.02(1), Florida Statutes (2002).”
William Thayer & Louise a. Jefferson v. Doris D. Hawthorn (Fla. 4th DCA 2023). “At the hearing, appellants argued additionally that the warranty deed tracked the language of section 689.02(1), Florida Statutes (2002).”
Amnay v. Select Portfolio Servicing, Inc. (M.D. Fla. 2022). “§ 689.02 (1) (form of warranty deed). Plaintiff has also failed to establish by factual allegations that Defendants’ interest in the property is invalid.”
Vista Gardens Condo. Ass'n v. Bauer, 705 So. 2d 1008 (Fla. 4th DCA 1998). “Section 689.02 provides further that any objection based on timeliness is waived absent such notice to the arbitrator.”
— 689.02(1) — 2 cases
William Thayer & Louise a. Jefferson v. Doris D. Hawthorn (Fla. 4th DCA 2023). “At the hearing, appellants argued additionally that the warranty deed tracked the language of section 689.02(1), Florida Statutes (2002).”
William Thayer & Louise a. Jefferson v. Doris D. Hawthorn (Fla. 4th DCA 2023). “At the hearing, appellants argued additionally that the warranty deed tracked the language of section 689.02(1), Florida Statutes (2002).”
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