frequently asked questions

Should I use a Special Warranty Deed, General Warranty Deed, or Quitclaim Deed when selling or acquiring property?

Should I use a Special Warranty Deed, General Warranty Deed, or Quitclaim Deed when selling or acquiring property?

Generally, Sellers prefer to use a Special Warranty Deed and Buyers prefer to use a General Warranty Deed.  The “Warranty” refers to the warranty of title given in the deed.   A General Warranty Deed warrants absolute title (with the exception of any printed exceptions to the warranty) and a Special Warranty Deed warrants the title for the period that the Seller owned the property.

Quitclaim Deeds are often misused.  A Quitclaim Deed does not actually convey property it just relinquishes any claims to a property.  Oftentimes, if a Seller claims to own property acquired by a Quitclaim Deed, they will have trouble selling it because title companies are reluctant to insure the title to a property supposedly acquired by a Quitclaim Deed.  Avoid the use of Quitclaim Deeds unless advised by a real estate attorney otherwise.  As a Buyer, you don’t want to accept a Quitclaim Deed.

If you need help with a real estate transaction, contact the Law Office of Roy Neal Linnartz, PLLC at 830-625-9300.