Federal guide · Buying

Types of Deeds: Warranty, Special Warranty, Quitclaim

How warranty, special warranty and quitclaim deeds differ, what each promises about title, and why recording the deed matters.

In short

A deed transfers ownership of real estate, and the type of deed sets what the seller promises about the title. A general warranty deed guarantees title against all lawful claims. A special warranty deed guarantees it only against claims arising through the seller. A quitclaim deed transfers whatever interest the seller has, with no warranty. Deeds are usually recorded with the county, and state law sets the forms and the effect of recording.

What a deed is

Cornell’s Legal Information Institute defines a deed as “a legal document that grants ownership to a piece of real estate or other property asset.” In a home sale, it is usually delivered at closing.

A valid deed for real estate must be in writing. Requirements differ by state. In Washington, every deed must be “in writing, signed by the party bound thereby, and acknowledged” before a person authorized to take acknowledgments.

Cornell lists elements generally required: the names of the grantor (seller) and grantee (buyer), words of conveyance, a legal description of the property, and a statement of consideration. After closing, the purchase contract merges with the deed, and the buyer can generally sue only on the warranties in the deed.

The three main types compared

Deed typeWhat the seller promisesExample state form
General warrantyOwns the property, has the right to convey, no encumbrances, will defend title against all lawful claimsUtah 57-1-12; Washington 64.04.030
Special warrantyWill defend title only against claims by, through or under the sellerUtah 57-1-12.5
QuitclaimNo warranty; conveys only the seller’s current interestUtah 57-1-13; Washington 64.04.050

Washington also has a bargain and sale deed (RCW 64.04.040), whose covenants are limited to encumbrances “done or suffered from the grantor.”

General warranty deed

Cornell describes the warranty deed as the type that offers “the highest level of protection to the buyer.” Traditionally it carries six covenants of title, including the covenant against encumbrances and the covenant to defend the buyer against later claims.

State law can write these promises into a short form. In Utah, a warranty deed carries covenants that the grantor owns fee simple title, has good right to convey, guarantees quiet possession, that the premises are free from all encumbrances, and that the grantor “will forever warrant and defend the title … against all lawful claims whatsoever.”

In Washington, a deed in the statutory warranty form carries three covenants: lawful ownership and the right to convey, freedom from encumbrances, and quiet possession with a duty to defend title.

Special warranty deed

A special warranty deed narrows the promise to the seller’s own period of ownership. Cornell notes it “does not offer any protections or guarantee against any title defects that existed before the seller owned the property.”

Utah codifies it: the grantor covenants that the property is free from encumbrances “made by that grantor” and defends title only against claims by “any person claiming or to claim by, through, or under the grantor.” Cornell notes these deeds are common in commercial transactions, where parties typically rely on title insurance.

Quitclaim deed

A quitclaim deed conveys the grantor’s present interest, “if any,” without “representing, covenanting, or warranting that the title is good,” per Cornell. In Washington, a quitclaim deed conveys the grantor’s then-existing rights but “shall not extend to the after acquired title unless words are added expressing such intention.” In Utah, it conveys all right, title and interest of the grantor “at the date of the conveyance.”

Because the buyer cannot recover from the seller on the deed, Cornell notes that property bought under a quitclaim deed “should have title insurance.”

Recording and title

Recording puts the public on notice of ownership. Cornell explains that a deed “is usually recorded in the local county clerk’s office” and that recording “puts the public on constructive notice as to the buyer’s ownership.”

The consequences of not recording depend on state law. In Washington, an unrecorded conveyance “is void as against any subsequent purchaser or mortgagee in good faith and for a valuable consideration” whose conveyance is recorded first. An instrument “is deemed recorded the minute it is filed for record.” Recording fees and transfer taxes also vary (see local transfer taxes and closing costs).

Title insurance is a separate protection. The CFPB notes that title insurance “can provide protection if someone later sues and says they have a claim against the home,” and that lender’s title insurance “is usually required to get a mortgage loan.” See title insurance explained.

Frequently asked questions

Which deed is used in a typical home purchase?

It depends on the state and on the contract. Statutory forms for general warranty, special warranty and quitclaim deeds exist in states such as Utah and Washington.

Is a quitclaim deed bad for a buyer?

It gives no warranty of title. Cornell notes that property acquired by quitclaim should have title insurance, since the buyer cannot sue the seller on the deed.

Does a deed have to be recorded to be valid?

Recording rules are set by each state. In Washington, an unrecorded conveyance is void against a later good-faith purchaser or mortgagee who records first.

What is the difference between a warranty deed and title insurance?

A warranty deed is the seller’s promise about title. Title insurance is a policy from an insurer; the CFPB notes a lender’s policy is usually required for a mortgage.

Is a deed of trust a type of deed?

No. The CFPB describes the mortgage as “also known as the security instrument or deed of trust.” It secures the loan, while the deeds in this guide transfer ownership.

General information drawn from the official sources cited and dated on this page. It is not legal, tax or financial advice: for your own situation, ask a licensed professional.

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