Deeds: Quit-Claim Deed & Warranty Deed

A Deed is a legal document which one person uses to pass their legal interest in property to another person.  there are various types of deeds, but the most common are: Quit-Claim Deeds and Warranty Deeds.

A Quit-Claim Deed is a very common means of transferring property from one person to another, but it is also the most basic and insecure means of doing so.  A Quit-Claim Deed does not carry any warranty or guarantee that the person conveying the property actually owns the property or that the property is not encumbered (does not have additional owners or liens against it).  By Quit-Claim, the person giving the property is simply passing the ownership interest which they have to another person; and if the deal goes bad, the receiver is simply out of luck.

A Warranty Deed on the other hand is a much more secure and solid way of passing property from one person to another because a Warranty Deed carries with it warranties from the seller to the buyer giving six assurances or promises that the land is coming to the buyer without any encumbrances.  Those six (6) warranties are:

  1. That the Seller has the absolute right to sell or convey.
  2. That the Seller has valid title to the property being conveyed.
  3. That there are either no encumbrances against the property, or that all of the encumbrances have been disclosed.
  4. That the Buyer shall have guaranteed right and ownership of the property exclusively (they shall not be evicted).
  5. That if necessary the Seller will intervene and protect the Buyer should someone come along later and claim the property.
  6. That if necessary the Seller will take any steps necessary to correct any defects which may arise with the title at a future date and time.

Thus, for the reasons explained above and the numerous possibilities eluded to, it is very important to associate yourself with an experienced attorney before you simply sign a Quit-Claim or Warranty Deed transferring property to another person.  Perhaps even more important is the point that you most definately need to consult with an experienced attorney before you complete a land transfer and accept a Quit-Claim or Warranty Deed for land which you are acquiring.  A simple mistake on paper could be very costly in the end.

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At the Law Office of Brendon R. Rogers, PLLC experienced attorneys are available to discuss land and real estate transactions before their conclusion to be certain that no unforeseen Title issues arise.  Further, in the event that even more experience is needed, the firm has associated itself with a team of experts who can also assist to be certain that your land purchase is done right the first time.  (See About Us for a complete list of this team, bottom of page: Realtors / Title Companies).