Warranty Deed Vs Quit Claim Deed – Where To Use It?
A deed is a written document that provides evidence of a transfer of ownership or interest in the property from one party to another. It has legally binding and establishes the rights and obligations of all parties mentioned in the deed.
The deed contains a complete description of the property being transferred, proper identification of all parties involved in the transfer, and also a complete set of terms and conditions of the transfer. To enforce the deed, all parties mentioned in it must sign it in the presence of witnesses.
Any other legal requirement is also fulfilled before bringing the deed into work. Once the execution of a deed is completed, it is then delivered. Once delivered, the deed conveys all legal and complete ownership related to the property to the grantee. There are many types of deeds relating to property but two of them are the most important ones. They share a lot of similarities and differences.
Warranty Deed Vs Quit Claim Deed : Definition
Before jumping into the differences and similarities between these two deeds one must understand what these both are. Both of these deeds have the power to transfer property from one person to another. However both are not the same and do not protect the same rights of the parties involved in it.
What Is A Quit Claim Deed?
A quit claim deed is an instrument through which real property conveyance takes place. Through the quit claim deed, titles, interests and claims relating to the property are passed on from the grantor to the grantee.
It cannot be an instrument of representation or guarantee of that title intent and claim on the concerned property.
A quit claim deed simply transfers the property from one person to another without making any promises or guarantees about the property. This deed is one that is often used in property transfer among family. It is a statement that clears up all questions about ownership.
What Is A Warranty Deed?
It is an instrument of real property transfer as well. Warranty deed can lead to the transfer of title of the property from the gtantor to the grantee. It is the type of deed where the highest level of guarantee is provided to the grantee. The seller makes promises to the buyer through this deed.
- The seller confirms that the biore is the right full owner of the property.
- The buyer will enjoy the right to sell and transfer the property.
- The seller guarantees to the buyer that the property is free of mortgages or any other encumberance.
- The seller also guarantees the buyer peaceful position of this property.
- The seller denounces any claim to the property through this deed.
Warranty Deed Vs Quit Claim Deed: Similarities
There are major differences in between these two types of deed. However there are a lot of similarities as well. Both of them at as a means of conveyance of real property. Conveyance means the transfer of ownership and interest of the property from one party to another. Conveyance also means of written instrument through which the transfer of property tax place.
Warranty Deed vs Quit Claim Deed: Let us know look at the similarities between the quick claim and warranty deeds.
- Both quit claim and warranty deed define real property boundaries. For both the deeds, the documentation speaking of the exact parameters of the property is very important.
- But the deeds are written in very clear language. Both very clearly states the grantor who is the seller and the grantee who is the buyer.
- Both the deeds required signatures from all parties involved. All parties mentioned in the deed must sign the documents in the presence of witnesses for the warranty and quit claim deed to become valid legally.
- Both the deeds should be in writing. Both are also deeds that contain the names of all parties involved, their signatures as well as a notary seal.
Warranty Deed Vs Quit Claim Deed: Differences
Both the deeds have a similar purpose and yield different outcomes. The difference between them is so fast that quit claim deeds are often called the opposite of warranty deeds. Quit claim deeds are called non warranty deeds for the very same reason.
Let us now look at some points of difference between the two, i.e. Warranty Deed vs Quit Claim Deed.
- A quit claim deed transfers the interest of the property that was once of the grantor. It does not provide any warranties on the title. Quit claim deed only transfers the portion of the land owned by the grantor. A warranty deed guarantees the grantor the legal title on the property. It provides a certain protection of rights on the property.
- A quit claim deed offers minimum rather no protection at all to the recipient. It provides the least safeguard compared to other deeds. For example if a property already has existing claims or any defect the recipe and will have no legal solution to that problem. They will be bound to accept the title as it is along with all its liabilities. It can be called a mear transfer of title. Whereas, a warranty deed is one that provides the highest level of protection to the recipe and of the property. It relinquishes previous claim, if there are any, to the property in question. If this defect is later on discovered the recipient can a dress code for damages.
- A warranty deed also establishes the recipients express right to the property including future sale. A quit claim deed is just a nominal transfer of the property.
- Quit claim these have a very simple process of execution. Where has warranty deeds are much difficult to execute.
- A warranty deed can come with options of insurance and other forms of protection. These are used in professional places such as real estate or business dealings. A quit claim deed is very simple and does merely transfer property in family matters.
So, here is a concluding statement on the debate of Warranty Deed vs Quit Claim Deed. Warranty deeds provide great assurance to the recipe and guarantee a clear title as well as its protection against claims. It is commonly used in all professional interactions and provide a legal solution for any problem that comes up in the future.
On the other hand a quick claim deed is a simpler and quicker way to get property transferred in informal especially family transactions.
Choosing the deed that does try to call you depend on your specific circumstances and the level of protection that you may require against it. However regardless of the deed you choose it is best to work with a trusted legal professional who will guide you in all matters of transfer of property.
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