Types of Deeds in Real Estate Transactions
Deeds are used to convey title to real estate. An important aspect of a real estate transaction is the type of deed being used. The type of deed being used determines the warranties the grantee is receiving from the grantor. The three types of deeds used in Florida include general warranty deeds, special warranty deeds, and quitclaim deeds. Our Fort Lauderdale real estate law firm can assist in luxury real estate transactions involving deeds.
General Warranty Deeds
A general warranty deed fully warrants title to the property being conveyed against any and all claims. The grantor warrants that they own the property and have the right to sell it. The grantor warrants that their title is superior to claims of any other party. The grantor warrants there are no defects, encumbrances, or liens other than those listed in the deed. The grantor warrants any title problems discovered will be fixed by the grantor. Warranty deeds offer the broadest protection to a grantee.
Special Warranty Deeds
A special warranty deed gives only a limited warranty of title. It warrants the title, but only against claims of people who are claiming through the grantor in the deed. Basically, the grantor has not done anything to render title defective during their ownership. Typically, language that warrants against “claims of all persons whomsoever, by, through and under grantor” is found in a special warranty deed.
A quitclaim deed provides no warranties regarding the validity of title. The grantor conveys whatever title the grantor may have in the property. A quitclaim deed provides that if the grantor does own the property, then they are transferring any ownership interest they have to the grantee. Execution of a quitclaim deed does not necessarily guarantee that the grantor possesses any interest at all in the land. If the grantor has no interest in the land at the time of conveyance, the quitclaim deed conveys nothing to the grantee. Quitclaim deeds are frequently used to clear title problems or clouds on the title to property.