A warranty deed in Michigan is the strongest form of property transfer the state recognizes. The seller does not just hand over whatever interest they happen to own — they guarantee the title, and stay on the hook for defending it. Michigan sets out in statute the words that trigger those promises, and it also has a criminal provision about warranty deed forms that has no equivalent in most states.
This page explains what Michigan actually requires, with the statute behind each requirement, and gives you a free template and an online generator.
What is a warranty deed in Michigan?
It is a deed in which the grantor warrants the title. Under MCL 565.151, a conveyance using the words “conveys and warrants” automatically carries five covenants — that the grantor is lawfully seized of the premises, has good right to convey, guarantees quiet possession, that the property is free from all encumbrances, and that the grantor will warrant and defend the title against all lawful claims. Those promises cover the entire history of the title, not just the years the seller owned it.
The wording Michigan puts in statute
Michigan is one of the states that writes the operative language into the statute itself. MCL 565.151 says a conveyance “worded in substance as follows” carries the five covenants:
Note the phrase “in substance”. The statute is not demanding those exact seven words — a deed that spells the same covenants out in full, as most drafted deeds do, qualifies just as well. What the short form does not do is make a complete, recordable deed on its own: you still need the legal description, the acknowledgment, the grantee’s address and the formatting the recording statute demands.
The Michigan rule that makes this state different
Calling a form a “warranty deed” when it is not one is a crime in Michigan. MCL 750.275 provides:
“Any person who shall print, sell or keep for sale any blank forms of deeds containing the words ‘warranty deed’, or ‘warranty-deed-covenant-own-acts’, or any similar words printed or written thereon, unless such deed is in fact an absolute warranty deed, and any person who shall knowingly use any such deed for the purpose of conveying title unless the same is an absolute warranty deed, shall be guilty of a misdemeanor.”
Two halves, and they are not symmetrical. Printing, selling or stocking such a form carries no knowledge requirement at all. Using one does: it reaches the person who knowingly uses the form to convey title. An honest mistake by a private seller is not what the statute is aimed at — but a form supplier has no such cushion.
This is why Michigan practice rarely uses the phrase “special warranty deed”. A deed carrying limited covenants is called a covenant deed here, precisely so the form is not carrying the words MCL 750.275 restricts. If you need limited covenants in Michigan, ask for a covenant deed, not for a “warranty deed” with the warranties cut down.
For the avoidance of doubt about our own form: the Michigan template on this page is a full general warranty deed. It grants, bargains, sells, conveys and warrants, and the grantor undertakes to defend the title against all lawful claims of any person whomsoever.
Warranty deed vs quitclaim deed in Michigan
Michigan gives each its own statutory form, and the difference is not a technicality — it decides who carries the risk if the title turns out to be defective.
| Feature | Warranty deed | Quitclaim deed |
|---|---|---|
| Statute | MCL 565.151 | MCL 565.152 |
| What the seller promises | Five covenants, covering the whole chain of title | Nothing. Only whatever interest they happen to hold |
| If an old lien surfaces | The grantor must defend the title and answer for the breach | The buyer’s problem |
| How long the promise lasts | MCL 600.5807(5) gives 10 years to bring an action founded on a covenant in a deed | No covenant, nothing to sue on |
| Typical use | Arm’s-length sale between strangers | Transfers between family, into a trust, clearing a cloud on title |
A buyer paying market price should expect a warranty deed. Accepting a quitclaim deed in that situation means accepting every title problem that predates the sale.
What Michigan requires before a deed can be recorded
This is where deeds get rejected, and it has nothing to do with the warranty language. MCL 565.201 lists conditions a register of deeds will not record without. The formatting rules below are those for instruments executed after 1 April 1997 — older instruments were held to a looser standard of 8-point type and 13-pound paper.
- Printed names under every signature. Each person signing must have their name legibly printed, typewritten or stamped beneath the signature, and the signature itself must be in black or dark blue ink.
- Names must match. No discrepancy between the name printed under a signature and the name recited in the acknowledgment or jurat.
- The notary’s name printed too, legibly, on the same page and near the notary’s signature.
- The grantee’s address, including the street number where street numbers are in common use, or the post office address.
- Margins: at least 2½ inches of unprinted space at the top of the first page, and at least ½ inch on all remaining sides of every page.
- Type and paper: 10-point type or its equivalent, legibly printed in black ink on white paper of not less than 20-pound weight, sized between 8½ × 11 and 8½ × 14 inches.
- A single statement on the first line of the first page identifying the recordable event — and only one event per instrument.
- The drafter’s name and business address, for any instrument executed after 1 January 1964.
- Social security numbers partly obscured: the first five digits removed or hidden.
- An English translation attached if any part of the instrument is not in English.
- No undersized or oversized attachments — anything attached must also fall between 8½ × 11 and 8½ × 14 inches.
One exception worth knowing: MCL 565.201(2) states that the formatting requirements do not apply to instruments executed outside Michigan. If the deed was signed in another state, those rules are not the obstacle — but every other requirement, and the register of deeds’ own practice, still is.
Transfer tax: who pays, how much, and by when
MCL 207.523 answers the question people usually get wrong: “The person who is the seller or grantor of the property is liable for the tax imposed under this act.” The tax applies to deeds and conveyances recorded for consideration, to contracts for the sale or exchange of property, and to transfers of a controlling interest in an entity whose assets are 90% or more real property.
The rate is set by MCL 207.525: $3.75 for each $500 of the total value transferred, or any fraction of $500 — that is the 0.75% state tax. Michigan counties levy their own transfer tax on top, commonly quoted at 0.11%. Confirm the county figure and any exemption with the register of deeds where the property sits.
The same section sets a deadline that is easy to miss: the tax is paid to the county treasurer where the property is located, no later than 15 days after the instrument is delivered to the buyer. The statute presumes the date on the instrument is the date of delivery.
And one obligation that falls on the buyer, not the seller. Under MCL 211.27a(10), the buyer, grantee or other transferee must notify the assessing office of the local unit of government where the property sits within 45 days of the transfer, on a form prescribed by the state tax commission, stating the parties, the date, the actual consideration and the parcel identification number or legal description. This is the Property Transfer Affidavit, and recording the deed does not do it for you.
Holding the property through an LLC? The Michigan LLC operating agreement is what decides how the members share it — and Michigan supplies an equal-shares default if you have no agreement.
Common mistakes
- Using a quitclaim because it is simpler. It is simpler because it promises nothing.
- A vague property description. A street address is not a legal description. Copy it from the existing recorded deed.
- Leaving the drafter block empty. No blank form can fill this in, and MCL 565.201(1)(i) requires it.
- Assuming the deed cancels the mortgage. Transferring the property does not transfer the loan, and most mortgages contain a due-on-sale clause.
- Forgetting the Property Transfer Affidavit. Forty-five days, and it is the buyer’s job.
- Not recording it. An unrecorded deed leaves the public record showing the old owner.
Free Michigan warranty deed template
The template uses full general warranty language and leaves room for the legal description and the notary acknowledgment. Before you record it, run it against the checklist above — in particular, add the drafter’s name and business address, which MCL 565.201(1)(i) requires and which no blank form can complete for you. If you need a version with limited covenants, see the general warranty deed page for the difference, and remember the naming point above.
Fill it in online
Enter the details and the document is generated in your browser. Nothing is uploaded, and there is no signup.
Frequently asked questions
What is a warranty deed in Michigan?
A deed where the grantor guarantees the title. Under MCL 565.151 a conveyance worded in substance as “conveys and warrants” carries five covenants: lawful seizin, good right to convey, quiet possession, freedom from encumbrances, and a duty to warrant and defend the title against all lawful claims.
Is a Michigan warranty deed the same as a general warranty deed?
In ordinary use, yes — and in Michigan the distinction matters more than elsewhere. Because MCL 750.275 restricts the phrase to forms that are absolute warranties, a deed with reduced covenants is normally called a covenant deed here rather than a “special warranty deed”.
Does a Michigan warranty deed need to be notarized?
Yes, in practice. The deed must be acknowledged before a notary to be accepted for recording, and MCL 565.201 additionally requires the notary’s name to be printed legibly near their signature. An unrecorded deed leaves the public record showing the old owner.
Who pays the transfer tax in Michigan?
The seller. MCL 207.523 makes the seller or grantor liable, MCL 207.525 sets the state rate at $3.75 per $500 of value, and payment is due to the county treasurer within 15 days of delivery of the instrument.
How long do the warranties last?
MCL 600.5807(5) sets a ten-year limitation period for an action founded on a covenant in a deed or mortgage of real estate.
Can my deed be rejected for formatting?
Yes. MCL 565.201 sets requirements for margins, type size, ink color, paper size, printed names, the drafter’s details and the grantee’s address. A deed that misses them can be refused for recording even if the warranty language is perfect.
Is a warranty deed the same as title insurance?
No. The deed is a promise from the seller; title insurance is a policy from an insurer. A covenant is only worth what the person who made it can pay, which is why buyers commonly want both.
How this page was checked
Every requirement above is tied to the section it comes from, and each was read in full on the Michigan Legislature’s own publication of the Michigan Compiled Laws, current through PA 91 of 2026: MCL 565.151 (statutory warranty deed form and the five covenants), MCL 565.152 (quitclaim form), MCL 750.275 (misdemeanor provision on warranty deed forms), MCL 565.201 (requirements for recording), MCL 207.523 and MCL 207.525 (transfer tax liability and rate), MCL 211.27a (the 45-day property transfer notification), and MCL 600.5807 (limitation period on a covenant in a deed).
The 0.11% county transfer tax figure is the rate commonly quoted by Michigan registers of deeds and is not taken from the statutes above; confirm it locally.
Last verified: August 2026. We do not advance this date without re-checking the sources.
Compiled and edited by Daniel Mercer. LegalTemplateVault is not a law firm and does not provide legal advice. This page compiles what published Michigan sources say. Deeds affect ownership of real property permanently — for anything beyond a straightforward transfer, and certainly for a title defect or a lien you cannot clear, consult a licensed Michigan attorney.
Warranty Deed generator — fill it in online
Related Templates
Other documents on this site that people often need alongside this one:
General version
Free Warranty Deed Template (General & Special) — PDF & Word
Michigan: after the deed
Michigan Property Transfer Affidavit (Form 2766): The 45-Day Rule
Other deed type
Free Quit Claim Deed Template (PDF & Word) – All States 2026
Another state
California Warranty Deed Template (PDF & Word) – 2026
All states
Warranty Deed Rules by State
Other Michigan guide
