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It is common for property sales to use a quitclaim deed and protect the buyer through contract law. However, another way to handle this is with a warranty deed.
As a property owner and grantor, you can obtain a warranty deed for the transfer of real estate through a local realtor's office, or with an online search for a template. To make the form legally binding, you must sign it in front of a notary public.
Texas deeds without warranty While the deed without warranty sells and conveys the property to the buyer, it's only slightly better than a quitclaim deed. It conveys title to the buyer, but there's no warranty against any defects in the title.
Quitclaim Deeds: Quitclaim Deeds are used to transfer property ownership without any warranties regarding the title. This means the grantor isn't guaranteeing anything, even that they own the property, or that the title is clear.
Common uses – Typically, quitclaim deeds are used for lower-risk transfers between related parties. In contrast, warranty deeds are used for real estate sales and high-value transactions involving unrelated grantees.
General warranty deeds: A general warranty deed provides the most protection to the buyer but gives the grantor the highest degree of liability. The grantor of a general warranty deed fully warrants good, clear title to the property.
The key distinctions include: Interest transferred – A quitclaim deed conveys only the grantor's current ownership share, which may be incomplete. A warranty deed transfers the property in its entirety. Warranties and protection – Quitclaim deeds provide zero warranties or protection for the grantee.
Quitclaim Deeds Are as Effective as Warranty Deeds to Transfer Title, but Only If the Title Is Good. A quitclaim deed can convey title as effectively as a warranty deed if the grantor has a good title when the deed is delivered.
The key distinctions include: Interest transferred – A quitclaim deed conveys only the grantor's current ownership share, which may be incomplete. A warranty deed transfers the property in its entirety. Warranties and protection – Quitclaim deeds provide zero warranties or protection for the grantee.
Here are some other invalidating circumstances: Undue influence. A quitclaim deed is only valid if both parties willingly performed the property transfer. If there is evidence that the grantor was coerced into filing the quitclaim against their will, this is grounds to revoke it.