Types of Deeds for Real Estate Property
When you are getting ready to buy or sell your real estate, you may hear discussions about the deed to the property. Many people are surprised to find there is more than one type of deed. It is important to have an attorney to make sure you are getting a clean and correct deed.
In real estate transactions there are three main types of deeds which you may encounter. A general warranty deed, a special warranty deed, and a quitclaim deed. Each are independent of each other and each promise different warranties to the buyer.
Quit Claim Deed
A quit claim deed offers the least amount of protection for home buyers. A quitclaim deed does not provide a warranty of title. It does not even guarantee that the person transferring you the land, actually owns the land. You may think, why would one even use a quit claim deed to begin with? A quitclaim deed is easy when there is no uncertainty about ownership.
A warranty deed is the most common deed in a real estate transaction. A warranty deed warrants more than a quit claim deed. In example, a warranty deed warrants the grantor has a valid interest in the property, the property is free of any incumbrances and the grantor promises they will defend title to the property against anyone who makes an unlawful claim. A warranty deed is a good option for buying a home because it allows protection on the property.
Special Warranty Deed
Another common deed is the special warranty deed. A special warranty deed however, only protect against any claims that arose when the Seller had the property. It may not protect against any claims or liens from the previous owner before the grantor. A special warranty deed is often done for homes with new construction or homes bought at a foreclosure sale.
Contact the Law Office of Andrew Szocka, P.C. if you have any questions.