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Warranty Deed vs Quitclaim Deed: Which One Should You Accept?

Warranty deed vs quitclaim: General warranty deed — grantor warrants title against ALL prior claims; standard in residential arm's-length sales. Special warranty deed — grantor warrants only claims from their ownership period; banks use this on REO sales; costs $0 extra to request. Quitclaim deed — no warranty at all; transfers whatever interest exists. Insist on a general warranty deed for residential purchases; owner's title insurance fills the gap on special warranty deeds. Own Luxury Homes® 12-Point Agent Integrity Audit™.

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Warranty Deed vs Quitclaim Deed: Which One Should You Accept?

Three deed types, three levels of protection, and the difference between them is the entire warranty the seller makes about the title you are buying. Here is exactly what each promises and what you should insist on.

The Three Deed Types and What Each Warrants

General Warranty Deed (also called a Full Warranty Deed):
The grantor makes five traditional covenants to the grantee:
1. Covenant of seisin: the grantor actually owns and has the right to convey the property
2. Covenant of quiet enjoyment: no one will disturb the grantee's ownership
3. Covenant against encumbrances: no undisclosed liens or encumbrances exist
4. Covenant of warranty: the grantor will defend the grantee's title against ALL claims, including those from before the grantor owned the property
5. Covenant of further assurance: the grantor will execute any additional documents needed to perfect the title

This is the standard deed in most residential arm's-length transactions and the one most buyers should receive.

Special Warranty Deed (Limited Warranty Deed):
Same covenants, but only covering claims that arose DURING the grantor's period of ownership. The grantor says, effectively: "I guarantee title against anything I did or caused to happen, but not against anything that happened before I owned it."

Most common use: banks selling REO properties. The bank only owned it for the foreclosure period and will not warrant title against anything that happened before the foreclosure. This is why owner's title insurance is especially important on REO purchases.

Quitclaim Deed:
No warranty whatsoever. "I transfer to you whatever I have." See the dedicated guide above.

The Protection Gap: What Title Insurance Fills

Even with a general warranty deed, the seller's warranty only protects you against known, discoverable claims. The title company's examination finds recorded liens, easements, and encumbrances — but some defects are not recorded and cannot be found: a prior forged deed in the chain, an undisclosed heir, an improperly probated estate, a previously unrecorded easement.

Owner's title insurance covers these undiscoverable defects — the gap between what the warranty promises and what the title search found. On a general warranty deed transaction, title insurance covers the fringe cases. On a special warranty deed transaction (REO, bank sale), title insurance becomes more essential because the warranty only covers the bank's limited period.

The specific risks title insurance covers that deeds don't:
• Forged signatures in the chain of title
• Documents signed under duress or by someone lacking legal capacity
• Claims by undisclosed heirs
• Errors in public records (incorrect indexing, recording errors)
• Liens that weren't discovered in the search (IRS liens that hadn't been indexed yet at the time of closing, for example)

The Deed Type You Should Insist On

Residential purchase from a living seller: general warranty deed. This is the standard and there is no reason to accept less in an arm's-length sale. If the seller proposes a special warranty deed or quitclaim in a standard residential transaction, ask why. The answer is informative.

REO (bank-owned) purchase: special warranty deed is standard and expected; supplement with owner's title insurance.

Inherited property from an estate: personal representative's deed (executor's deed) with similar warranties to special warranty; always supplement with title insurance because probate histories are complex.

Family transfers, divorce, LLC conversions: quitclaim is appropriate; run a title search even in family situations to confirm what the chain actually shows.

New construction from a builder: general warranty deed is standard and should be insisted upon; builders warrant title because they know their chain.

The meta-rule: the deed type is the seller's statement about how confident they are in the title. Confidence gap = a reason to ask questions before, not after, closing.

Ryan Brown — Principal Broker & CEO, FL BK3626873
“Every closing I manage involves a review of the deed type before the buyer signs, and I explain to every buyer why it matters. The special warranty deed on the REO property is normal and expected — and the reason we made sure the title insurance commitment was thorough. The quitclaim deed in what was presented as a standard transaction is a flag that tells me someone knows something about this title that hasn't been disclosed. In twenty-plus years of closings, the deed type has never been an irrelevant detail.”

What is the difference between a warranty deed and a quitclaim deed?

A warranty deed includes covenants from the seller guaranteeing the title is clear. A general warranty deed covers all prior claims, even those before the seller's ownership. A special warranty deed covers only the seller's ownership period. A quitclaim deed includes no warranty whatsoever — it transfers whatever interest the grantor holds with no guarantee about the title's condition. For residential purchases, buyers should receive a general warranty deed. Bank REO sales typically provide a special warranty deed. Quitclaim deeds are appropriate for intra-family transfers, divorce settlements, and LLC conversions, but not for arm's-length residential sales.

Should I accept a special warranty deed?

In the right context, yes. Special warranty deeds are standard in REO (bank-owned) sales and estate sales — the seller can only warrant what they know about their own period of ownership. The appropriate protection is an owner's title insurance policy, which covers defects from before the seller's ownership that a special warranty deed doesn't warrant against. In a standard residential sale from a living owner with a full ownership history, you should receive a general warranty deed; if a seller proposes a special warranty deed in that context, ask why.

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Knowledge is power — the best agent is the most knowledgeable. Tell us your market, property type, price range, and whether you’re buying or selling, and we’ll match you with a specialist whose proven closing history fits your exact needs.

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— Ryan Brown, Principal Broker & CEO, Own Luxury Homes® (FL License BK3626873)

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