Warranty Deeds & Quit-Claim Deeds
Warranty Deed
A Warranty Deed conveys property from the old owner (Grantor) to the new owner (Grantee) together with a guarantee that the Grantor has a legal right, title, and interest in the property being conveyed and is authorized to do so. The warranty being given by the Grantor assures the Grantee that no one else has a valid ownership claim in the property. Essentially, it is the Grantor promising the Grantee that the Grantor is the only rightful owner of the property, and as such, the Grantor has the full authority to convey the property. This type of deed further provides a promise from the Grantor to the Grantee that the Grantor will defend against anyone who might come forward at any time in the future and try to make a claim that they had an interest in the property at the time of the conveyance to the Grantee.
This type of deed is generally used when consideration is being paid for the sale of the property between two unrelated parties.
Quit Claim Deed
A Quit Claim Deed conveys any interest that the old owner (Grantor) may have in the property to the new owner (Grantee). Although this type of deed does successfully convey any interest the Grantor may have, it does not provide a warranty, or guarantee, to the Grantee that the Grantor had the legal right, title, and interest in the property to convey it. That is not necessarily to say that the Grantor does not have the legal right, title, and interest in the property being conveyed. It just relieves the Grantor from binding himself to a promise made to the Grantee regarding the property interest being conveyed.
This type of deed is generally used for the conveyance of property between related parties or when no consideration is being paid, such as for a gift or estate planning purposes. This type of deed is also commonly used for property transfers made in connection with a divorce.
