Get SC General Warranty Deed 2023-2024

The seller promises that he/she owns the property and has the legal right to sell it. He/she also warrants that the title is free of any liens and encumbrances, except those that may be specifically noted in the deed, and guarantees that the title is superior to any other title that may exist on the property.

Because of its risky nature, a quitclaim deed is commonly used to transfer property when there is a high degree of trust between the parties involved.

South Carolina's deed forms are—from strongest to weakest warranty—as follows: general warranty deed, special warranty deed, and quitclaim deed.

Grant deeds and quitclaim deeds are used to transfer property between sellers and buyers; however, grant deeds offer more protection to buyers than quitclaim deeds. A grant deed grantor warrants that the property was not encumbered during the time they held title (except as noted in the deed).

Both a warranty deed and deed of trust are used to transfer the title of a property from one person to another. However, the difference between these two contracts is who is protected. As you now know, a deed of trust protects the beneficiary (lender). A warranty deed, on the other hand, protects the property owner.

A special warranty deed guarantees two things: The grantor owns, and can sell, the property; and the property incurred no encumbrances during his ownership. A special warranty deed is more limited than the more common general warranty deed, which covers the entire history of the property.

Today, Californians most often transfer title to real property by a simple written instrument, the grant deed. The word “grant” is expressly designated by statute as a word of conveyance. (Civil Code Section 1092) A second form of deed is the quitclaim deed.

The main difference between a grant deed vs. warranty deed is the level of protection offered. A warranty deed offers a higher level of protection than a grant deed. With a grant deed, the grantor is guaranteeing that they haven't sold the property to anyone else, and that it is clear of any liens or restrictions.