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A general warranty deed or warranty deed is one where the seller guarantees there are no title defects, that she/he is the owner of the land and has the right to sell it. A warranty deed guarantees that there are no encumbrances except those recited in the deed. The deed itself is a warranty to that effect.

A special warranty deed does not guarantee the title of the grantor is free of defects. A defect may include a missing interest in the back title. Also, the warranties under a special warranty deed are set by statute and vary from state to state.

A quitclaim deed only conveys whatever title the grantor has, if any. A person quits all claim to a property in question. It delivers no guarantees or warrantees. It offers the least amount of protections. A quitclaim deed is often used when a party conveys their interest pursuant to a divorce decree, or when the grantor is not certain of the title to the property.

The best deed for a grantee is a general warranty deedand every buyer of real property should have a comprehensive title examination performed by a professional prior to accepting delivery of any deed.

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13y ago
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13y ago

real estate:

General Warranty Deeds guarantees and protects against defects. It provides the best protection for a buyer. It warrants title to the sovereignty of the soil. It is the most common deed and the one mentioned in sales contracts.

Quitclaim Deed is, basically, what is states. A persons quits all claim to a property in question. It delivers no guarantees or warrantees. It offers the least amount of protections, and is usually used to clear a cloud on the title.

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10y ago

my mom had my dad sign a quick claim deed she later dies and he had tryed to sell property every one moved because they found out they could not buy property legally. he wont take it to probate court he wont disclose the will or revocable trust ,so he finally quick claim deeded the property for a sum of money. I know my mother left property to us kids but now the taxes are in someone elses name. cant i just move in the neighbors call police and i show them the quick claim deed they tell me to get the persons name on taxes for tresspassing. i dont know what to do I have not alot of money for attorney will I just loose my mothers home?

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Q: What is the difference between a general warranty deed and a quitclaim deed?
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Both general warranty deeds and special warranty deeds can be used for real estate sales where a property is transferred between parties unfamiliar with each other. The difference is the extent of the coverage of the warranty.


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