WARRANTY DEED VS QUIT CLAIM DEED: Differences

WARRANTY DEED VS QUIT CLAIM DEED: Differences
WARRANTY DEED VS QUIT CLAIM DEED: Differences

There is one major difference between a warranty deed vs quit waiver of claim: In each deed, the grantor makes a different legal statement. 

A warranty deed contains a promise from the grantor, which is called a guarantee.  But in a quitclaim deed, the grantor makes no promises or warranties.

A warranty deed promises that the grantor has clear title to the real property.  It also promises that the issuer has the right and authority to sell it to the transferee or buyer.  On the other hand, a quitclaim deed makes no promises as to the quality of the title to the property. 

Everything the seller owns is listed on the quitclaim deed, but the quitclaim deed does not guarantee that the seller has title to the real property.  A quitclaim deed is simply used to transfer a share of real estate.

Warranty Deed Vs Quit Claim Deed: How Do They Work?

A quitclaim deed has its limitations, but it’s a document that can work just as well if the grantor actually has legal rights to the property and has no liens or issues to be aware of.  Quitclaim documents are used in safer situations where ownership of the property is not in doubt.

For example, quit claim documents are often used when someone transfers ownership of property they own to a limited liability company or trust that they also control, or transfers ownership of property to a family member.

If the person granting the warranty deed misrepresents the promised title to the property that made the transfer viable, they can be sued.  For example, if three siblings inherit a house from their mother, and two of them decide to sell the property without the permission of a third party, the latter can sue to get the property back. 

In this case, the current owners will be allowed to use the warranty they received under the warranty deed to sue the other siblings because several siblings sold the property without the permission of all parties involved.

ALSO CHECK: Grant Deed vs. Deed of Trust: All You Need To Know

Differences Between Warranty Deed Vs Quit Claim Deed

A quitclaim deed is typically used to transfer ownership between people who are related—spouses, ex-spouses, or other family members. 

This type of deed conveys the legal rights to the property, if any, held by the grantor, a person who transfers an interest in the property to another person, but without any representations, warranties or guarantees.

The Waiver Agreement does not make any ironclad promises to guarantee title to the property, any liens on it, or any encumbrances.

When you buy a home through a realtor or developer, you will most likely receive a warranty deed.  This type of contract is used in more complex real estate situations involving monetary transactions between unrelated buyers and sellers, including obtaining a home mortgage.

With a warranty deed, the person transferring title to the property (the seller) guarantees that they have a valid ownership interest in the property and can therefore transfer their interest to another party (the buyer).

Since the seller or “consignor” is guaranteeing their title, a warranty deed provides more peace of mind and less room for problems.

ALSO CHECK: GRANT DEED: Definition, How It Works & Where To Get It

Similarities Between Warranty Deed Vs Quit Claim Deed

Despite the significant differences, there are undeniable similarities between a waiver of claim agreement and a warranty agreement.  They both deal in real estate transfer. 

The transfer of an object of immovable property means the transfer of ownership of this property from one party to another.  “Transfer” also describes the written document by which the transfer takes place. 

Transferring ownership requires several different steps.  Both transfer deeds, disclaimer deeds and warranty deeds must contain some of the same vital information.  They include:

  • Defined real estate boundaries.  The grantor will likely need to order a land survey to determine the boundaries and dimensions of the parcel of land.  Documenting the exact parameters of ownership is important to avoid property line disputes in the future.
  • Comprehensible language of transmission.  Both types of deeds must include clear transfer language from the sender to the receiver.  Both deeds must convey title, interest and all claims to the property.  They must also describe the condition of the property at the time of transfer.
  • Signatures of all parties involved.  For a waiver of claim or warranty to be valid, all parties involved must sign the document.  The current owner of the property and the future owner must sign the deed of transfer.  Once signed, both deeds transfer all legal title, rights and authority to the property.

ALSO CHECK: DEED RESTRICTED COMMUNITY: Complete Investing Guide In Florida

Special Warranty Deed Vs Quit Claim Deed

Special Warranty Deed

A special warranty deed provides the same guarantees as a general warranty deed, except that these promises only cover title issues that may have arisen during the seller’s ownership of the property. 

The seller makes no guarantees as to whether there have been problems in the chain of title from the previous owners of the property. 

For a potential buyer, this means that the seller will not defend the buyer if someone claims a defect in title that occurred before the seller took possession.  The seller only promises to protect against defects that may have occurred while he or she owned the property.

Quit Claim Deed

A quitclaim deed offers the least amount of protection for the buyer, but is also the fastest and cleanest way to transfer ownership.  In it, the seller makes no warranty as to whether he or she has proper title to the property. 

Why would anyone use it, you ask?  In most cases, quitclaim deeds are used to transfer land between family members and in similar situations where there is a great deal of trust between the buyer and the seller.

ALSO CHECK: Mortgagee Vs Mortgagor: Definition, Rights & Differences

Conclusion

When it comes to a warranty agreement versus a waiver of claim agreement, the main difference is the warranties.  Under the warranty agreement, if the property is found not to be as promised by the seller, or there is an outstanding lien or other lien on the title, the buyer can sue the seller and recover damages. 

But if the property was transferred under a quitclaim deed, the buyer has no remedy.  For this reason, a warranty deed should generally be considered more valuable than a waiver of claim, although there are some special circumstances where this is not the case.

Warranty Deed Vs Quit Claim Deed FAQs

Is a Quit Claim Deed Safe?

A Quit Claim Deed offers only a limited level of protection.  Its sole purpose is to transfer ownership of property.  This does not guarantee the quality of the title.  The receiver is not protected from any outstanding liens or claims against the home.  They also only inherit the previous owner’s interest in the property, which means they will be responsible for the outstanding mortgage payments and interest payments.

How Does General Warranty Deed Work?

Most deals require general warranty deeds because the buyer wants assurances that he or she is getting proper title to the property.  To do this, the buyer typically gets a full title search and title insurance

What Is Special Warranty Deed?

Special warranty deeds are often used by builders because they have only owned the property for a short period of time during construction and do not want to make promises to previous owners. They are also used with commercial buyers and sellers and in foreclosures because such parties have never had a very close relationship with the property and usually do not vouch for previous owners in the chain of title.

References

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