Deeds — Warranty, Special Warranty, and Quitclaim
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⚠️ Draft content
This entry is a working draft and hasn't been reviewed by a licensed professional yet. Always use the official source linked below as your authoritative reference.
A deed is the legal document that transfers ownership of real estate from seller to buyer. Different states use different terminology, but the three main flavors exist nationwide: General Warranty, Special (Limited) Warranty, and Quitclaim. The type of deed used in your transaction determines what the seller is legally promising about the title — and how much recourse the buyer has if something goes wrong.
📥 Find your state's official form
Every state publishes its own version of this document. Pick your state below and we'll send you straight to its real estate commission, where you can download the official form.
General Warranty Deed
The seller guarantees the title against ALL defects, going back through the entire history of ownership — not just the seller's own period of ownership. This is the strongest protection for the buyer and is the standard in most arms-length residential sales.
If a title defect from 50 years ago surfaces, the seller is on the hook (though title insurance is what actually covers it in practice).
Special Warranty Deed (a.k.a. Limited Warranty Deed)
The seller only guarantees against title defects that arose DURING THEIR OWN OWNERSHIP. Anything from before they bought the home is the buyer's problem.
Common in commercial real estate, bank-owned (REO) sales, and estate sales. Buyers should be more cautious and rely more heavily on title insurance.
Quitclaim Deed
The seller transfers WHATEVER interest they have — without making any guarantees that they actually have any interest. If it turns out the seller didn't own the property, the buyer has no recourse.
Used in: divorce settlements, transfers between family members, clearing up clouds on title, gifts. Almost NEVER appropriate for an arms-length sale.
Other deed types you might see
• Bargain and Sale Deed — implies seller has title but offers no warranties; common in tax sales
• Trustee's Deed — used by a trustee transferring property held in trust, including foreclosure trustee
• Sheriff's Deed / Tax Deed — used at foreclosure or tax sales; minimal warranties
• Grant Deed (CA terminology) — similar to a Special Warranty Deed
⚠️ Things to watch out for
Commonly-reported issues people run into with this document. Always verify the specifics with your state's official source or a licensed professional.
- •Accepting a quitclaim deed in an arms-length purchase. Almost always a red flag.
- •Not having title insurance to back up whatever deed you receive — even a General Warranty Deed.
- •Assuming the deed type doesn't matter because 'we have title insurance.' The deed type still affects your legal position.
- •DIY-ing the deed itself. Deed preparation is regulated (and in some states is the unauthorized practice of law). Use a title company or attorney to draft and record it.
Last reviewed: 2026-04-09 · Placeholder content — pending review
This entry is informational only — not legal advice. Frula Homes is an informational platform. We point you to official sources; we don't prepare, review, or interpret legal documents, and we're not your attorney or real estate agent. For legal questions specific to your situation, consult a licensed attorney in your state.